Terms of Use

Last Updated: September 2026

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IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS. DISPUTES WITH US WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND NOT IN COURT. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION. SEE THE “DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER” SECTION BELOW.

The J.M. Smucker Co. Terms of Use

These Terms of Use apply to your access to and use of the websites, mobile websites, mobile applications, and other online services owned, operated, or controlled by The J.M. Smucker Co. or its subsidiaries and affiliates that link to or post these Terms, including, but not limited to, jmsmucker.com, smuckers.ca, smuckers.com, smuckersuncrustables.ca, smuckersuncrustables.com, cafebustelo.com, meowmix.ca, meowmix.com, milkbone.com, and milkbone-canada.com, together with the content, features, and services available through them (collectively, the “Site”). The Site is owned or controlled by The J.M. Smucker Co. (“Smucker”). By clicking “I agree,” creating an account, making a purchase, submitting content, or otherwise accessing or using the Site, you agree to and are bound by these Terms of Use (or “Terms”). If you do not agree with these Terms, you must not access or use the Site.

The terms “we,” “us” and “our” refer to Smucker and any of its parents, subsidiaries, and affiliated companies as appropriate to the context. “You” refers to any person or entity accessing and/or using the Site. You acknowledge that these Terms contain legally binding terms and conditions that affect your legal rights and remedies.

From time to time we may update this Site and these Terms. We may give notice of updates by posting the updated Terms on the Site or by any other reasonable means. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. The version of the Terms in effect at the time of your use of the Site applies. Smucker may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Smucker will have no liability to you if this Site is discontinued, or if your ability to access the Site or any content you may have posted on the Site is terminated. We may require you to affirmatively accept updated Terms before continuing to use certain features. 

Smucker Content

Content on this Site that is provided by Smucker or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, audio and video clips, data compilations, software, source code, and the compilation and arrangement of the foregoing (“Smucker Content”) is the property of Smucker and its licensors, and is protected under United States and international trademark, copyright, and other intellectual property laws. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to download, copy, or use any Smucker Content. 

You agree not to download, display, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, license, sell, or otherwise exploit any Smucker Content located on the Site for any purpose without Smucker’s prior written consent. Without limiting the foregoing, you shall not use any Smucker Content: (a) in connection with products or services that are not those of Smucker; (b) in any manner that is likely to cause confusion among consumers; (c) in any manner that disparages or discredits Smucker and/or its licensors; (d) in any manner that dilutes the strength of Smucker's or its licensor's property; (e) that otherwise infringes Smucker’s or its licensors’ intellectual property rights; or (f) to train, develop, fine-tune, improve, test, validate, or operate any machine learning, artificial intelligence, large language model, algorithmic system, or automated data-processing tool, including by scraping, crawling, extracting, indexing, copying, or creating datasets from the Site, without Smucker’s express written permission. Any unauthorized use of Smucker Content may result in legal action. You further agree not to misuse any Smucker Content that appears on this Site.

Use of the Site and Posting Policy

The following requirements apply to your use of the Site. You agree that you will not: (a) use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by Smucker in its sole and absolute discretion; (b) upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) collect or store personal data about other users; (d) use the Site for any commercial purpose not expressly approved by Smucker in writing; (e) upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) upload, post, email, or otherwise transmit any material that contains viruses, adware, spyware, ransomware, or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software, hardware or telecommunications equipment; (g) use the Site in any manner that could disable, overburden, damage, or impair the Site, or interfere with any other individual’s or entity’s use and enjoyment of the Site; (h) use any robot, spider, scraper, crawler, or other automated or manual means to access the Site, or copy, download, distribute, reproduce, scrape, crawl, extract, index, or create datasets from any content or information on the Site without Smucker’s express written permission; (i) attempt to gain unauthorized access to the Site, or the computer systems or networks connected to the Site, through hacking, password mining, or any other means; (j) impersonate another individual or entity, or misrepresent your affiliation with another individual or entity when using the Site; (k) interfere with or disrupt any network, equipment, or server connected to or used to provide the Site, or violate any regulation, policy, or procedure of any network, equipment, or server; (l) reverse engineer, decompile, disassemble, probe, scan, test the vulnerability of, or circumvent any security or technical measure used by the Site; (m) use the Site in violation of applicable sanctions, export control, or other laws; or (n) assist or permit any person in engaging in any of these activities.

From time to time on certain areas of our Site you may be able to submit photos, written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Smucker; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Smucker, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in any account you may have with us, in your access to the Site, or in any features of the Site. Smucker may cancel your account and delete all User Content associated with your account at any time, and without notice, if Smucker deems that you have violated these Terms, the law, or for any other reason. Smucker assumes no liability for any information removed from our Site and reserves the right to permanently restrict access to the Site or a user account. For greater certainty, and without limiting the effect of the foregoing, Smucker reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.

By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby irrevocably grant to Smucker a non-exclusive, fully sublicensable, worldwide, fully paid, royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works from, publicly perform, publicly display, broadcast, and publish such User Content in connection with the Site, Smucker’s products and services, and Smucker’s advertising, marketing, promotional, and other business purposes, in any media now known or later developed, without compensation to you or any third party. Further, you waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Site in favor of Smucker. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights you hold in your User Content, and you retain any right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

You agree to defend, indemnify, and hold harmless Smucker, its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, service providers, and website contractors, and each of their respective officers, directors, employees, and agents (collectively, the “Smucker Parties”) from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys' fees and litigation expenses) arising out of or relating to: (a) your violation or breach of these Terms; (b) your use of the Site; (c) any User Content submitted, posted, or otherwise provided by you, including with respect to violations of any other party’s rights, such as intellectual property or other proprietary rights, and laws related to privacy or information security; (d) your violation of any other party’s rights or applicable law; or (e) any use of the Site through your account, whether authorized or unauthorized, except to the extent caused by Smucker’s own misconduct. Smucker reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you shall cooperate with Smucker’s defense of such claim.

Accounts, Passwords, and Security

Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all.

If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Smucker immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Smucker is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

Purchases and Payment Information

The Site may contain links to, or integrations with, third-party websites or platforms through which you may purchase products or services (“Third-Party Sales Sites”). If you use your credit card or any other payment method to purchase products or services on or through a Third-Party Sales Site, you acknowledge and agree that: (a) such transaction is solely between you and the applicable third party; (b) you are subject to and must comply with all terms and conditions, policies, and procedures of the Third-Party Sales Site, including without limitation any terms of sale, return policies, refund policies, shipping policies, and privacy policies; (c) Smucker is not a party to, and has no responsibility or liability for, any such transaction; and (d) Smucker makes no representations or warranties regarding, and disclaims all liability for, the products, services, quality, safety, legality, delivery, returns, exchanges, refunds, customer service, or any other aspect of any transaction conducted on or through a Third-Party Sales Site. Any disputes arising from purchases made on a Third-Party Sales Site must be resolved directly with the applicable third party.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SMUCKER NOR ANY PERSON ASSOCIATED WITH SMUCKER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER SMUCKER NOR ANYONE ASSOCIATED WITH SMUCKER REPRESENTS OR WARRANTS THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, SMUCKER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE.

Smucker does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Smucker without the prior review and written approval of Smucker. Any reliance you place on information available through the Site is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SMUCKER, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (COLLECTIVELY, THE “SMUCKER PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES RELATED TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT, MATERIALS, OR PRODUCTS ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE AGGREGATE LIABILITY OF THE SMUCKER PARTIES TO YOU FOR ALL CLAIMS AND DAMAGES RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES ON OR PROVIDED IN CONNECTION WITH THE SITE OR SUCH OTHER WEBSITES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE SITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONETARY DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES OR LIABILITY. NOTHING IN THIS SECTION WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT UNDER APPLICABLE LAW BE EXCLUDED.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION. NOTHING ON THIS SITE CONSTITUTES ADVICE OR A RECOMMENDATION OF ANY KIND (LEGAL, FINANCIAL, OR OTHERWISE), OR AN INDICATION OF RESULTS THAT MAY BE ACHIEVED.

Reservation of Rights

Smucker reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of a user’s access and/or account. Smucker may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as prohibited by applicable law, Smucker reserves the right at all times to disclose any information as Smucker deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Smucker’s sole discretion. YOU WAIVE AND HOLD HARMLESS SMUCKER AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

All rights not expressly granted to you in these Terms are reserved and retained by Smucker and its licensors. No right, title, or interest in or to the Site or any Smucker Content is transferred to you under these Terms, and all rights not specifically granted herein are reserved by Smucker. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Third-Party Websites

This Site may hyperlink to sites not maintained by or related to Smucker (“Third-Party Sites”). Such hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Smucker, and Smucker does not endorse and makes no representations or warranties about the content, completeness, or accuracy of those Third-Party Sites. Information you submit at a Third-Party Site accessible from this Site is subject to the terms of that site's privacy policy, and Smucker has no control over how your information is collected, used, or otherwise handled. We are not responsible for any loss or damage arising from your access to or use of Third-Party Sites. Your access to those websites is at your own risk. We do not monitor, verify, or control the content of any Third-Party Sites. If you decide to access any Third-Party Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

Dispute Resolution; Binding Arbitration; Class Action Waiver

Before initiating arbitration, you and Smucker agree to first attempt to resolve any dispute, claim, or cause of action arising out of or relating to these Terms, your use of the Site, or the purchase or use of any products or services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination (collectively, “Disputes”), through good-faith informal resolution. To start that process, the party asserting the Dispute must provide written notice describing the Dispute and the relief requested (a “Notice of Dispute”) A Notice of Dispute submitted by or on behalf of a consumer must include: (a) the claimant's full legal name, residence address, and email address; (b) the claimant's account number or order number(s), if any; (c) a description of the specific facts giving rise to the Dispute, including the specific product(s) or transaction(s) at issue; (d) the legal theories asserted and the specific relief sought, including any dollar amount in controversy; and (e) a signed verification by the claimant individually (not solely by counsel) that the information provided is true and correct to the best of the claimant's knowledge. Compliance with this informal resolution process is an express condition precedent to commencing arbitration, and the American Arbitration Association's Process Arbitrator will have authority under to determine compliance and to dismiss without prejudice any arbitration demand filed without compliance. Any applicable statute of limitations or contractual limitations period will be tolled during the pendency of the informal resolution process. If the parties do not resolve the Dispute within sixty (60) days after the Notice of Dispute is received, either party may initiate arbitration. Any Dispute that is not resolved through informal resolution will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Mediation Procedures and, if applicable, the AAA Mass Arbitration Supplementary Rules, as modified by these Terms, except as otherwise required by applicable law. The seat or legal place of arbitration will be Wayne County, Ohio. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

YOU AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS – AND YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS ACTION BASIS. FURTHERMORE, UNLESS YOU AND SMUCKER AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTHING IN THIS SECTION WILL BE CONSTRUED TO WAIVE ANY RIGHT TO SEEK PUBLIC INJUNCTIVE RELIEF THAT CANNOT BE WAIVED UNDER APPLICABLE LAW, AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF THAT CANNOT BE ARBITRATED SHALL, IF NECESSARY, BE LITIGATED IN A COURT OF COMPETENT JURISDICTION AFTER ALL OTHER CLAIMS HAVE BEEN ADJUDICATED IN ARBITRATION. IF THE FOREGOING CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM, THAT CLAIM (AND ONLY THAT CLAIM) WILL BE SEVERED FROM THE ARBITRATION AGREEMENT AND LITIGATED IN A COURT OF COMPETENT JURISDICTION. UNDER NO CIRCUMSTANCES SHALL ANY CLAIM PROCEED AS A CLASS OR REPRESENTATIVE ARBITRATION. THIS AGREEMENT DOES NOT REQUIRE ARBITRATION OF ANY CLAIM THAT, BY FEDERAL LAW, CANNOT BE SUBJECT TO A PRE-DISPUTE ARBITRATION AGREEMENT.

ALL ARBITRATION PROCEEDINGS ARE CONFIDENTIAL. ARBITRATION ORDERS AND AWARDS REQUIRED TO BE FILED WITH APPLICABLE COURTS OF COMPETENT JURISDICTION ARE NOT CONFIDENTIAL AND MAY BE DISCLOSED BY THE PARTIES TO SUCH COURTS. THE ARBITRATOR AND FORUM MAY DISCLOSE CASE FILINGS, CASE DISPOSITIONS, AND OTHER CASE INFORMATION AS REQUIRED BY A COURT ORDER OF PROPER JURISDICTION.

Notwithstanding the foregoing, either party retains the right: (i) to bring an individual action in small claims court for Disputes within the scope of such court’s jurisdiction, as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis; and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, confidentiality obligations, or other intellectual property rights. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial to the fullest extent permitted by applicable law.

You may opt out of this arbitration agreement by providing Smucker with a written opt-out notice within thirty (30) days of first accessing the Site after these Terms become effective. To opt out, you must send your name, residence address, and a clear statement that you wish to opt out of arbitration to: The J.M. Smucker Co., ATTN: Legal Department – Arbitration Opt-Out, One Strawberry Lane, Orrville, OH 44667. If you do not provide a timely opt-out notice, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above.

If twenty-five (25) or more similar arbitration demands are asserted against Smucker by the same or coordinated counsel or are otherwise coordinated, the parties agree that the AAA’s Mass Arbitration Supplementary Rules and Consumer Mass Arbitration and Mediation Fee Schedule (in effect at the time of filing) will apply, including any batching, bellwether, fee-allocation, or administrative procedures required or permitted by those rules. The parties further agree that any applicable limitations periods will be tolled for claims subject to staged or batched proceedings while those procedures are pending.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to its conflict of laws provisions. The Site is controlled and operated by Smucker from within the United States and is not intended to subject Smucker to the laws or jurisdiction of any country other than that of the United States. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. Subject to the arbitration agreement above, any action not required to be arbitrated shall be brought exclusively in the state courts located in Wayne County, Ohio, or the federal courts serving Wayne County, Ohio, and you and Smucker consent to personal jurisdiction and venue in those courts. Notwithstanding the foregoing, to the extent that a mandatory consumer-protection statute in the consumer's state of residence prohibits enforcement of the venue selection, governing-law selection, or arbitration-location provisions of these Terms (including, without limitation, California Civil Code Section 1799.208 as to California residents), the arbitration or court action, as applicable, will take place in, and be governed by the substantive law of, the consumer's state of residence; the remainder of this section will continue to apply.

Limitation on Time to File Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR, IF LONGER, WITHIN THE MINIMUM PERIOD REQUIRED BY APPLICABLE LAW THAT MAY NOT BE CONTRACTUALLY SHORTENED. THE DISCOVERY RULE AND ANY OTHER TOLLING DOCTRINES AVAILABLE UNDER APPLICABLE LAW WILL APPLY TO DETERMINE WHEN A CAUSE OF ACTION ACCRUES. THIS LIMITATIONS PERIOD IS TOLLED DURING THE INFORMAL DISPUTE RESOLUTION PROCESS DESCRIBED ABOVE. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. The provisions of this section shall be deemed to constitute a separate written legally binding agreement by and between you and Smucker.

Termination

Smucker may modify, suspend, or terminate the operation of, or access to, all or any portion of the Site at any time for any reason without notice or liability to you. Additionally, your individual access to, and use of, the Site may be terminated by Smucker at any time and for any reason. If you wish to terminate these Terms, you may immediately stop accessing or using the Site at any time. Your right to access and use the Site terminates automatically upon your breach of any of these Terms. The disclaimer of warranties, indemnification, limitation of liability, dispute resolution, limitation on time to file claims, and this provision will survive any termination of these Terms.

SMS/Text Messaging Terms

The J.M. Smucker Co. may operate one or more SMS/text messaging programs. Program descriptions, message frequency, short codes, and other program-specific details may vary by program and will be provided at or before opt-in. When you opt in to a text messaging program, The J.M. Smucker Co. or its service providers may send you a message to confirm your signup. Message and data rates may apply. Message frequency varies. Text “HELP” to the applicable short code for help or use the support contact provided in the applicable program disclosures.

You can cancel a text messaging program at any time by texting “STOP” to the applicable short code. After you send “STOP,” we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from that program unless you sign up again. For questions about services provided by the applicable short code, you can contact 888-550-9555.

Mobile information will not be shared with third parties for marketing or promotional purposes.

Electronic Communications

By accessing or using the Site, you consent to receive communications from us electronically, including notices, disclosures, and other information required by law. We may provide these communications by posting them on the Site or by emailing them to you at the email address you provide. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing. You further consent and agree that your use of a finger, a key pad, mouse, or other device to select an item, button, icon, or similar act while using the Site, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures, or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing.

Miscellaneous

Both you and Smucker acknowledge and agree that no partnership is formed and neither you nor Smucker has the power or the authority to obligate or bind the other. Neither these Terms nor the Site create a partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

As stated above in the Dispute Resolution; Binding Arbitration; Class Action Waiver section, to the extent permitted by applicable law, disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms will be resolved individually, without resort to any form of class action. These Terms operate to the fullest extent permissible by law. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, to access or use the Site or its content, and any attempt by you to do so is void. Smucker may assign these Terms, in whole or in part, at any time with or without notice to you.

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

Smucker shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, pandemics, riots, embargos, acts of civil or military authorities, fire, floods, accidents, cyber-attacks, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

If Smucker fails to act with respect to your breach or anyone else's breach on any occasion, Smucker is not waiving its right to act with respect to future or similar breaches. A waiver will only be binding on Smucker if it is in a written document signed by Smucker.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You and Smucker intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Smucker agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.

These Terms constitute a binding agreement between you and Smucker and are accepted by you upon your use of the Site or your account. These Terms (including any incorporated terms) constitute the entire agreement between you and Smucker regarding the use of the Site and your account and supersede all prior agreements, understandings, or representations relating to the subject matter hereof. By using the Site, you represent that you are at least eighteen (18) years of age, are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

If you breach any provision of these Terms, you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms, then your sole and exclusive remedy is to discontinue using the Site. The Smucker Content, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Limitation on Time to File Claims, and Miscellaneous provisions in this agreement shall survive any termination of this agreement. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.