Terms and Conditions

Incubator Program Terms and Conditions

The following terms and conditions apply specifically to the U.S. version of the Chobani Incubator. To view the terms and conditions for the Australia program, please click here.

The Chobani Incubator Program (“Chobani Incubator” or “Program”), sponsored by Chobani Ventures, LLC (“Chobani”) is a highly selective, world-class training program for outstanding food entrepreneurs and innovators who want to work side by side with like-minded natural food companies who share Chobani’s vision of better food for more people.

ELIGIBILITY: The Chobani Incubator is open to any individual who is a permanent legal resident of the fifty (50) United States and the District of Columbia, 21 years of age or older as of March 8th, 2018, who is a founder and/or executive at a U.S.-based food start-up company in good standing and in possession of either a valid social security number, and/or a valid U.S. personal tax identification number.

If an individual is a resident of a jurisdiction that deems him/her to be a minor, then he/she must obtain parental/legal guardian consent prior to entering and/or prior to submitting any personally identifiable information. Accepted applicants hereinafter referred to as “Participating Companies.”

Officers, directors, and employees of Chobani, LLC or its affiliates; members of their immediate families (spouses and/or parents, children, and siblings, and their spouses); and/or persons living in the same households as such persons (whether or not related thereto) are not eligible to enter.

DISCLOSURE: All applicants must disclose any relationship between Participating Company (including, any full-time or part-time employee, contractor, investor, or advisor of the Participating Company) and any officers, directors, employees, investors, corporate entities, or affiliates of any Chobani Competitor (meaning, for purposes of these Terms and Conditions, any manufacturer of yogurt (including packaged yogurt, yogurt packaged with dry or wet goods, Greek Yogurt, regular yogurt, and frozen yogurt), dips (including yogurt-based dips, hummus and spreads), drinks (including drinkable yogurt, protein drinks, Kefir, shakes/breakfast, and shakes/smoothies)).

HOW TO ENTER: Beginning January 5th, 2018, until January 30th, 2018, at 11:59 pm EDT, complete and submit an application (“Application”) located at http://www.chobaniincubator.com/ (the “Program Website”).  Please submit only one Application for your company.  Information on the Applications will be held highly confidential by Chobani and will only be used by Chobani in determining eligibility for participation in the Program and communication regarding the Program.  All submissions are subject to Chobani privacy policy: http://www.chobani.com/terms/#privacy.  Applications must be complete in order to be considered for the Program.  Applications that are incomplete, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, or late, will be void.  Once submitted, Applications will not be returned.

PARTICIPANT SELECTION CRITERIA: On or about March 8, 2018, Chobani will select six (6) Participating Companies from among all eligible entries received. Chobani will select the Participating Companies based upon the following criteria:

  • Company aligns with Chobani’s DNNA Food Philosophy:  Delicious, Nutritious, Natural, Accessible
  • Mass Appeal of Product and Business
  • Scalability
  • Quality of Products Manufactured
  • Financial Health of the Company and Growth Potential

The Sponsor reserves the right, in its sole discretion, to select less than six (6) Participating Companies or extend the entry period if an insufficient number of eligible entries are received.  The decisions of Chobani are final and binding in all respects.

For each Participating Company selected, up to three (3) individuals may be chosen to participate (“Individual Participants”).  These Individual Participants must consist of the owner/founder, and up to two (2) executive level employees. Individual Participants must meet all of the eligibility criteria set forth above. 

PARTICIPANT NOTIFICATON: The Participating Companies will be notified by e-mail or phone if they are selected to participate in the Program. Individual Participants and Participating Companies will be required to execute an Affidavit of Eligibility and Liability/Publicity Release and Non-Disclosure Agreement prior to participating in the Program. If a potential participant cannot be reached, does not return required documents within the time requested, or does not agree to the Terms and Conditions of the Program, the opportunity to participate in the Program will be forfeited and another Participating Company may be selected according to the Selection Criteria above.

PROGRAM BENEFITS: The Chobani Incubator leverages Chobani's offices nationwide to provide the fullest perspective of building a global natural food company, from farm to fridge. The Program runs for four (4) months, beginning March 2018, and consists of monthly in-person educational programs and off-site trips to various partner locations. (“Program Activities”). The Participating Companies must be able to attend the Program Activities* (may require travel the night prior). * Estimated Itinerary; actual dates, locations, and itinerary of onsite programming are subject to change at the sole discretion of Chobani.

Each onsite visit will consist of educational programming, networking with Chobani Incubator Peers, access to Chobani team members and guest speakers. In between each onsite program, Participating Companies will continue to engage with the Chobani Incubator through the Chobani Incubator Online Community, peer discussions, and regular program check-ins.

Each Individual Participant will receive a travel stipend to be used for travel to the Program Activities.  Travel stipend budget will be allocated per person per day of the onsite programs. Travel, including flights, trains, or hotels, will be booked by Chobani Travel and therefore not included in the travel stipend. Individual Participants will be responsible for all taxes on portions of the travel stipend personally received and will receive a 1099 tax form for the total value of that portion of the stipend at the end of each year the payments were received.  The Participating Companies will be responsible for taxes on the portion of the stipend they receive, as well as the Grant (as defined below).

Each Participating Company will also receive a $25,000 grant to be used towards growth and business development of the Participating Company (“Grant”).  This Grant will be payable in Two installments of $12,500 each, payable at the beginning and after completion of the Program.  Participating Company will be responsible for all taxes on the Grant.

In the event at least one Individual Participant of the Participating Company is unable or unwilling to attend and participate in the Program Activities, that Participating Company may be required to forfeit participation opportunities.  If a Participating Company is in breach or violation of any agreement with Chobani including the Program Terms and Conditions, Program benefits will be recoverable by Chobani. 

RELEASE: Applicants understand that Chobani is not liable for injuries, losses, or damages of any kind arising from participation in this Program, and in all Program Activities. By participating, Participant releases Chobani, its respective parents, affiliates, subsidiaries, and agencies, and their respective directors, officers, employees, and agents from any and all liability with respect to Participation in the Program.

APPLICABLE LAW AND DISPUTES: This Program is subject to all applicable United States federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation, and enforceability of these Program Terms and Conditions shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof. All disputes arising out of or connected with this Program will be resolved individually, and without resort to class action. Chobani is not liable for any consequential, indirect, exemplary, or punitive damages, or for attorneys’ fees.

General Conditions: This Program is subject to these Terms and Conditions. Chobani reserves the right, in its sole discretion, to disqualify any individual it (or its authorized designee) finds to be: (i) tampering with, as applicable, the entry process or otherwise with the operation of the Program or Program Website; (ii) acting in violation of these Terms and Conditions; (iii) acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, harass, harm, mislead, or defraud any other individual or entity; or (iv) found to be otherwise in violation of law. Any person attempting to defraud any of the entries or in any way tamper with the Program or the Program Website will be ineligible to participate in the Program and Chobani will seek all remedies available to it, including, if appropriate, filing appropriate complaints with legal authorities. If, for any reason, the Program or Program Website (or any portion thereof) becomes corrupted, or is not capable of running as originally planned, does not allow the proper submission and processing of Applications, or corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Program, Chobani reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Program or any portion thereof and to conduct the Program in a manner that is fair and equitable as determined by Chobani.  

In case of a dispute over the identity of an entrant who submitted an Application, at Chobani’s discretion, the authorized account holder of the e-mail address account associated with that Application will be deemed the applicant.  The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other on-line organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  Said owner must comply with these Terms and Conditions and, at Chobani’s sole discretion, may be required to provide proof of ownership of the e-mail account.


Website Terms and Conditions

TERMS OF USE OF THIS WEBSITE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED BELOW). USING THIS WEBSITE IN ANY WAY INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU MAY NOT USE THIS WEBSITE.

Acceptance of these terms of use

Your use in any manner of the website located at http://www.chobani.com or any other website, web page, app or other Internet or digital platform offered by or through Chobani Global Holdings, LLC or any of its parents, subsidiaries or affiliates (collectively, “Chobani,” “we,” “us” or “our”), wherever or however offered, (collectively, this “Website”) constitutes your acknowledgment that you have read, agree with and consent to be bound by all the terms and conditions set forth in these Terms of Use, and all other policies, rules, regulations, terms and conditions that otherwise appear on this Website. These Terms of Use govern all use of this Website.
Chobani reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, Chobani recommends that you review these Terms of Use whenever you use this Website. Your continued use of this Website following any such change constitutes your agreement to follow and be bound by the updated or modified version of these Terms of Use.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CHOBANI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Eligibility

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use this Website. Chobani may, in our sole discretion, terminate your access to this Website or change our eligibility criteria at any time.

Use restrictions

The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and all other material (collectively, the “Materials”) are protected under laws of the United States of America and other countries. Chobani does not guarantee that any Materials you access on this Website is or will continue to be accurate. Unauthorized use of the Materials may violate copyright, trademark and other laws. Except as stated herein, you have no rights in or to the Materials, and you will not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means the Materials, including but not limited to by the use of framing or mirrors. Subject to your full compliance with these Terms of Use, Chobani authorizes you to view the Materials on this Website and download a single copy of them, but only for your own lawful, personal and non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials, but failing to do so shall not prejudice Chobani’s intellectual property rights. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute or otherwise use the Materials in any way for any public or commercial purpose. Your use of the Materials on any other website or on a file-sharing or similar service for any purpose is prohibited.
Any rights not expressly granted herein to use the Materials are reserved by Chobani in full.
The trademarks, trade names service marks, and logos of Chobani (the “Chobani Trademarks”) used and displayed on or otherwise used in connection with this Website are registered and unregistered trademarks or service marks of Chobani. Other company, product, and service names located on this Website or otherwise used in connection with this Website may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Chobani Trademarks, the “Trademarks”). Nothing on this Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or otherwise used in connection with this Website without Chobani’s prior written consent specific for each such use. The Trademarks may not be used to disparage Chobani or any relevant third party, Chobani’s or the relevant third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Chobani’s prior written consent. All goodwill generated from the use of any Chobani Trademark shall inure to Chobani’s benefit.
You may not use this Website (i) for any purpose that violates applicable federal, state or local laws, regulations or rules (collectively, “Applicable Law”) (ii) for any purpose that is prohibited by these Terms of Use or violates Chobani’s guidelines and policies, (iii) in any manner that could damage, disable, overburden or impair this Website, or (iv) in any manner that may interfere with any other party’s use and enjoyment of this Website. You may not (i) attempt to gain unauthorized access to this Website through hacking, password mining or any other means, (ii) attempt to decipher, disassemble or reverse engineer any of the software comprising or making up this Website, (iii) delete or alter any material Chobani or any other person or entity posts on this Website.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Materials.

Registration

You may register for an account on this Website (an "Account") or log in using your Facebook or other social media login information. To use certain portions of this Website, you are not required to sign up for an Account. However, certain features of this Website, such as accessing your order history and/or profile, require you to register for an Account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for this Website without permission. You must notify Chobani immediately of any change in your eligibility to use this Website (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, as described in Chobani’s Privacy Policy.

Submitted content

When you upload or otherwise submit any information, materials or other content whatsoever to or through this Website (“Submitted Content”), you represent and warrant that you own all right, title and interest in and to such Submitted Content, including without limitation all copyrights and rights of publicity contained therein, and that such Submitted Content (i) does not contain any material that is pornographic, lewd, obscene, defamatory, profane, offensive, misleading, or otherwise inappropriate as determined by Chobani in our sole discretion, (ii) does not violate any intellectual property rights of any third party, including, without limitation, third party copyrights, trademark rights or rights of publicity, (iii) does not otherwise violate Applicable Law and (iv) does not otherwise contain any inaccurate or untruthful information.
By uploading or otherwise submitting Submitted Content to or through this Website, you, personally, and on behalf of any subjects therein, including, without limitation, your child, if applicable, grant to Chobani a non-exclusive, fully paid-up, perpetual, worldwide license (the “License”) to use all of the content of Submitted Content, including likenesses, whether in whole or in part, whether composite or distorted, for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever. The License also includes, without limitation, the right to post Submitted Content, or excerpts thereof, on this Website and websites other than this Website, including, without limitation on any social media, blog or similar website. Except where prohibited by applicable law, by submitting Submitted Content to or through this Website, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the Submitted Content or any photos, submissions, photograph(s), footage, illustrations, statements or other work contained in the Submitted Content. You are also agreeing to appoint Chobani as your irrevocable attorney-in-fact with respect to the Submitted Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that Chobani can use the Submitted Content in any way we see fit, own and protect the rights in any derivative works created from your Submitted Content, and have the Submitted Content removed from any other website or forum.
If you post, upload and/or submit any Submitted Content on this Website, you will not: (i) harass, defame, intimidate or threaten another user of this Website; (ii) interfere with the rights to privacy of any another user of this Website; (iii) distribute chain letters, surveys or contests; (iv) post any material that is defamatory (i.e., disparaging to the reputation of an individual or business); (iv) post any material that is obscene or indecent; (v) post any trademarks, logos or copyrighted material without the authorization of the owner thereof; (vi) post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); and/or (vii) advertise or sell any goods or services.
You acknowledge and agree that Chobani may preserve Submitted Content and may also disclose Submitted Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Submitted Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Chobani, our users and the public. You understand that the technical processing and transmission of this Website, including your Submitted Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
If Submitted Content includes any video and/or photographic images or pictures of your child, you further agree that, without limitation, the License includes a grant of an unrestricted right and permission to use, re-use and publish the video and/or photographic images or pictures of your child, in which your child may be included intact or in part, composite or distorted in character or form (the “Images”), without restriction as to changes or transformations in conjunction with your child’s own or a fictitious name, or reproduction thereof in color or otherwise, made through any and all media now or hereafter known for purposes of illustration, art, promotion, advertising, trade, sale or any other purpose whatsoever. Your permission given herein is hereby acknowledged to constitute written consent under Applicable Law including, without limitation, New York Civil Rights Law Section 50. You also permit the use of any printed material in connection therewith. You hereby relinquish any right that you, and/or your child, may have to examine or approve the use of the Images regardless of the form and type, the material that may be used in conjunction therewith or the use to which they may be applied. Further, you represent and warrant to Chobani that: (i) all persons who appear in any Images have given you their express consent (or if a minor who is not your child, you must have the permission of their parent or legal guardian) to submit the Images for unlimited, royalty-free use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity (and you agree to provide evidence of such permission in writing if requested by Chobani in its sole and absolute discretion); (ii) there are no claims for payment of any kind, including, without limitation, for royalties or residuals; and (iii) no persons who appear in any Images has any approval or consultation rights or any rights of participation arising out of any use, exhibition or other exploitation of any Images.
The grant of the License and all rights and permissions associated thereto is binding on you, and your child (if applicable), and your, and your child’s (if applicable), heirs, legal representatives and assigns.
You hereby represent and warrant that you have all rights necessary to grant the License and all rights and permissions associated thereto to Chobani. IF YOU DO NOT WISH TO OR CANNOT LEGALLY GRANT SUCH RIGHTS AND PERMISSIONS TO CHOBANI YOU MAY NOT SUBMIT ANY MATERIALS TO CHOBANI.
For clarity, the foregoing License grants to Chobani do not affect your other ownership or license rights in your Submitted Content, including the right to grant additional licenses to your Submitted Content, unless otherwise agreed in writing.

Disclaimer of warranties

THIS WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CHOBANI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE CONTENT ON THIS WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THIS WEBSITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE. CHOBANI FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE INFORMATION CONTAINED ON THIS WEBSITE IS COMPLETE, ACCURATE OR UP TO DATE. CHOBANI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOU USE THIS WEBSITE AND THE MATERIALS AT YOUR OWN RISK.

Limitation of liability

IN NO EVENT SHALL CHOBANI, OR ANY OF ITS SUBSIDIARIES, PARENTS AND AFFILIATED COMPANIES, OR ANY OF THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, OR ANY OF THEIR HEIRS, SUCCESSORS, REPRESENTATIVES AND ASSIGNS (EACH A “CHOBANI PARTY” AND COLLECTIVELY, THE “CHOBANI PARTIES”) BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE – WHETHER ACTIVE, PASSIVE OR IMPUTED – LIBEL, DEFAMATION, INVASION OF PRIVACY, VIOLATION OF APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, NEW YORK CIVIL RIGHTS LAW SECTION 51, OR BREACH OF PUBLICITY OR OTHER RIGHTS), STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF A CHOBANI PARTY OR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, THE CONTENT HEREON OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE.
IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN CHOBANI’S TOTAL LIABILITY WILL BE THE LESSER OF (I) THE COSTS ASSOCIATED WITH ENTERING A CONTEST ASSOCIATED WITH THIS WEBSITE IF RELATED THERETO OR (II) ONE HUNDRED DOLLARS (US $100).
TO THE EXTENT PERMITTED BY LAW, THIS LIMITATION OF LIABILITY SHALL BE BINDING UPON YOU AND YOUR CHILD (IF APPLICABLE), AND YOUR AND YOUR CHILD’S (IF APPLICABLE) HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE CHOBANI PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE CHOBANI PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS AND PAY ALL RESULTING LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF, RESULTING FROM, OR RELATED TO YOUR BREACH OF THESE TERMS OF USE AND/OR YOUR ACCESS TO, USE, OR MISUSE OF THIS WEBSITE. Chobani reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Chobani’s defense of such matter.

Arbitration clause and class action wavier- IMPORTANT- please review as this affects your legal rights.

1) Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND CHOBANI (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH CHOBANI, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THIS WEBSITE, THE MATERIALS, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor Chobani will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST CHOBANI INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Chobani is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state, provincial or other law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either you or Chobani can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

2) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Chobani.

Security

Chobani reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Chobani to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms of Use or any Applicable Law.

Submission of ideas or suggestions

Chobani is always improving its products, services and this Website. If you have ideas or suggestions regarding improvements or additions to Chobani’s products, services or this Website, Chobani would like to hear them; however, any submission will be subject to these Terms of Use. Under no circumstances will any disclosure of any idea or suggestion or related material to Chobani or any Chobani Party be subject to any obligation of confidentiality or expectation of compensation. By submitting an idea or suggestion or any related material to Chobani or any Chobani Party, you are waiving any and all rights including, without limitation, intellectual property rights, that you may have in the idea or suggestion or any related material and are representing and warranting to Chobani or such Chobani Party that the idea or suggestion or any related material are wholly original with you, that no one else has any rights in the idea or suggestion or any related material and that all Chobani Parties are free to implement the idea or suggestion and to use the related material if so desired, as provided or as modified by Chobani or any Chobani party, without obtaining permission or license from any third party.

Governing law; Legal jurisdiction

If you make any claim against Chobani or any other Chobani Party, you agree in advance that in the event you assert any such claim, it will be governed by the following rules:

All aspects of the claim, whether procedural or substantive, shall be governed by the laws of the State of New York, except conflicts of laws that would cause another jurisdiction’s laws to apply and unless the dispute is governed by federal law other than federal law governing conflicts of law, in which case federal law shall govern.

Prior to commencing any legal action against any Chobani Party, you must provide each such Chobani Party with at least thirty (30) days prior written notice of any claim, including a reasonably detailed description of your claim and such Chobani Party’s responsibility, together with your request for what you would like such Chobani Party to do about your claim.

The statute of limitations applicable to any claim other than a claim for personal injuries shall be one (1) year, measured from the date you first visited this Website.

You agree that any claim brought by you, or on your behalf, shall be exclusively venued in either the United States District Court for the Northern District of New York or the Supreme Court of the State of New York in Chenango County (the “Agreed Forums”).You agree that in the event that you bring any claim in any other court or forum, or in the event that a claim is commenced on your behalf in any other forum, such claim shall be transferred to one of the Agreed Forums.

You waive any claim that the Agreed Forums are inconvenient for resolution of disputes and claims you may have and agree to forego any claim to transfer the venue for dispute resolution.

You agree to bring any claim individually and not through any class action.

To the extent that it may be relevant, you agree that your use of this Website and any transaction arising in connection with such use shall be deemed to have occurred in the State of New York.

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect.You cannot transfer your rights or obligations under these Terms of Use to anyone without Chobani’s written permission and any attempted assignment without Chobani’s written permission shall be null and void and of no effect whatsoever.Chobani’s failure to enforce any provision of these Terms of Use does not waive Chobani’s right to enforce the same provision in the future.Any headings contained in these Terms of Use are for informational purposes only, but are not themselves enforceable provisions of these Terms of Use.

Termination

Chobani reserves the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of this Website or the Materials at any time and for any reason or no reason without prior notice or liability, which may result in the forfeiture and destruction of all information associated with your Account. Chobani reserves the right to change, suspend, or discontinue all or any part of this Website or the Materials at any time without prior notice or liability. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, Licenses of Submitted Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.

U.S. Government restricted rights

This Website and the Materials are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of this Website or the Materials by the Government constitutes acknowledgement of our proprietary rights in this Website and the Materials.

Miscellaneous

These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. Without waiving the foregoing arbitration clause, you expressly agree to submit to the exclusive personal jurisdiction of either the United States District Court for the Southern District of New York or the Supreme Court of the State of New York in New York County. To the extent that it may be relevant, you agree that your use of this Website and any transaction arising in connection with such use shall be deemed to have occurred in the State of New York. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect.
Except as expressly agreed by you and Chobani, these Terms of Use constitutes the entire agreement between you and Chobani with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between you and Chobani with respect to the subject matter. You cannot transfer your rights or obligations under these Terms of Use to anyone without Chobani’s written permission and any attempted assignment without Chobani’s written permission shall be null and void and of no effect whatsoever. Chobani’s failure to enforce any provision of these Terms of Use does not waive Chobani’s right to enforce the same provision in the future. Any headings contained in these Terms of Use are for informational purposes only, but are not themselves enforceable provisions of these Terms of Use.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to legal@chobani.com.
Chobani, LLC is a Delaware corporation with offices located at 200 Lafayette Street, New York, NY 10012.