LANCE® WEBSITE TERMS OF USE

Overview

This website is owned and operated by Lance, Inc. ("Lance"). It is provided and maintained by Lance for the entertainment, education and information of Lance customers, investors and those interested in Lance products.

Agreement to Terms

Any and all use of or access to this website shall be governed by this Terms of Use agreement, which may be changed from time to time without notice. This Terms of Use agreement was last modified on April 12, 2005. By using or accessing this website, you expressly agree and acknowledge that you have read, understand, accept and agree to be bound by this Terms of Use and any and all other policies, rules or terms of use, including but not limited to the Lance Website Privacy Statement and the rules covering any and all contests or sweepstakes that may be available at or through this website from time to time. If you do not accept and agree to these terms, please immediately discontinue any and all use of this website. Your continued use of this website will indicate your agreement with any changes in this Terms of Use or any other policies, rules or terms on this website.

Intellectual Property/Content Ownership and Use

Unless otherwise noted, all of the content of this website (including, without limitation, the text, images, information, trademarks, trade dress, data and other materials found on this website) is the property of Lance and/or one of its affiliates, subsidiaries, licensors or licensees; and is protected by the copyrights, trademarks, trade dress, patents and/or other proprietary rights of Lance and/or one of its affiliates, subsidiaries, licensors or licensees, all rights reserved. Any use (including, without limitation, viewing, copying, printing, modifying, transmitting, transferring, downloading, adapting, linking to and/or exploiting) of this website or any of its content, that is not expressly permitted by this Terms of Use or by the express written consent of Lance, is prohibited. You are hereby expressly permitted to download and print out for your own personal use or as a record of correspondence (and no other commercial use) one copy of any of the viewable content of this website. No right, title, license or interest in any downloaded content is transferred to you as a result of any such downloading or copying. Any unauthorized use, copying, alteration or display of the content found on this website is strictly prohibited. You are hereby advised that Lance and/or its affiliates, subsidiaries, licensors or licensees will aggressively enforce all of its intellectual property rights to the fullest extent of the law, including seeking any appropriate civil or criminal penalties. For inquiries about downloading or printing content, or about linking to this website, please contact Lance at the address below.

Please be specifically advised that the content of this website includes, without limitation, the names, logos, images, slogans, product designs, packaging and trade dress of the Lance products displayed on this website. Many of the names, slogans and/or marks are Registered Trademarks ® of Lance Mfg. LLC; while others are subject to other trademark, service mark, trade dress, copyright © and/or other intellectual property rights of Lance Mfg. LLC, Lance, Inc. and/or the affiliates, subsidiaries, licensees or licensors of Lance Mfg. LLC or Lance, Inc. No unauthorized use may be made of this content.

Prohibition on use/Enforcement of terms

Lance may at any time, for any reason, prohibit your further use of this website or its content. We may also take any action that we deem necessary to enforce this Terms of Use agreement and to protect against unlawful or improper use of this website. These actions include, but are not limited to, terminating or suspending your purchase order or registration for a service through this website, blocking the display of some or all of the content of the website, contacting and cooperating with the police or other authorities (including, but not limited to, providing information in response to requests for information and subpoenas), and taking legal action against you. You hereby expressly agree to waive any and all claims you may have (whether currently in existence and/or arising hereafter) against Lance for any failure by us to enforce this Terms of Use. Lance's failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances.

Purchases

When you place orders through this website, you will be asked to provide certain information about yourself, such as your name, address and credit card information. You may not provide incomplete or inaccurate information (the purchase form will indicate what information is required, and what is optional, and you may also check Lance's Website Privacy Statement for further information on the collection and distribution of information by Lance). You are responsible for any use of this website by anyone using your credit card number, password or other identifier. You are also responsible for activities that occur within your Lance account. Thus, if for any reason you suspect that your credit card, password or other identifying information has been compromised, you should contact Lance immediately.

Contests, Sweepstakes and Promotional Games and Activities

From time to time, this website may host or include notices of promotions, contests, sweepstakes or other activities Lance or its affiliated companies are conducting. Any and all contests or promotions referenced or conducted via this website are subject to the terms and conditions of each individual contest or promotion. Please review the official contest rules carefully. In the event there are any differences between the rules or policies governing the individual contest or promotion and the general rules and policies contained on this website (including, for example, this Terms of Use and this website's Privacy Statement, the rules or policies specific to the contest or promotion shall control.

Disclaimer of Warranties and Limitation of Damages

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LANCE (including, for purposes of this "Disclaimer of Warranties and Limitation of Damages" section of the Terms of Use, Lance Inc. and its officers, directors, employees, agents, affiliated companies, successors, assigns, third-party service providers and any other party involved in creating, producing or delivering this website or any of the content, products or services available on or through this website) DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, LANCE MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SITE; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE; AND/OR (IV) THAT THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM OR ON BEHALF OF LANCE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LANCE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THIS WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF LANCE.

UNDER NO CIRCUMSTANCES SHALL LANCE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LANCE'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THIS WEBSITE.

LANCE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF LANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Disclaimer With Respect to Other Internet Sites

Lance has not reviewed all of the sites, or content of sites, that may be accessed by or linked to this website. Lance is not responsible for the content of any pages or Internet images, information, or data, which are not contained on this website. Viewing of any and all other websites shall be at your own risk.

Severability

The provisions of this Terms of Use are intended to be severable. If for any reason any provision of this Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Indemnification

You agree to defend, indemnify, release and hold harmless Lance, including, but not limited to, the officers, directors, members, shareholders, employees, licensors, agents, licensees, contractors, attorneys, subsidiaries, affiliates and third-party content providers of Lance from all liabilities, claims and expenses, including attorney's fees and costs, that arise from, concern, or are connected with your use or misuse of this website or its content. Lance reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Lance in asserting any available defenses.

Submission of Information and Other Content

1. License: To the extent that portions of this website permit you to send e-mails, submit information for contests or other promotions, or otherwise submit content (including, without limitation, questions, requests, comments, recipes, suggestions, stories, ideas, inventions, information, data, images, likenesses or text) to Lance and/or this website, whether or not such content is viewable in chat rooms or otherwise on this website, please be advised that by submitting such content you grant Lance a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable license to any rights you have in the content submitted, including, but not limited to, the rights to use, display, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your content (or any part thereof) online and offline. Lance may treat any communication between you and Lance as non-confidential and non-proprietary. Lance is free to use any ideas, techniques, inventions, concepts, recipes, know-how or other information that you provide to Lance for any purpose whatsoever, including but not limited to any development of products or methods, manufacturing and marketing activities, sales material or efforts, or any other business use, without compensation or remuneration.

2. Standards: You agree not to submit any content to Lance that: (a) infringes on any third-party intellectual property, publicity, privacy, moral (droit moral) or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, harmful to minors or child pornographic; (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other harmful components, including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) constitutes unsolicited junk or bulk e-mail ("spam"); or (f) is otherwise tortious or criminal.

3. Warranty / Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content that you submit to us. You further agree to defend, indemnify and hold us harmless against: (a) any and all claims to the rights to content that you provide to us, (b) any and all claims that someone's rights were violated by our display or other use of the content that you provide to us.

4. Monitoring of Content / Removal: You agree that Lance has no responsibility to monitor, review, edit or control any content or other information that you or others submit to the website. You further agree that Lance may modify, remove or refuse to accept any content on this website for any reason. In certain cases, your access to the website may permit you to modify or remove content that you previously submitted. At your request, Lance may also modify or remove content that you submitted. Please note that we may also decline to modify or remove content that you submitted, despite your request. In addition, we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by another person or entity.

5. Privacy: The privacy of any information that you submit to Lance through this website will be governed by the Lance Website Privacy Statement, which is incorporated by reference into this Terms of Use. In the event of a conflict between the language of this Terms of Use and the Lance Website Privacy Statement, the Privacy Statement controls.

6. No Endorsement / Recommendation: You agree that by displaying the content that you or others submit to this website, Lance does not endorse or recommend any of the information submitted by you or others. In fact, Lance does not endorse, recommend, or take any responsibility for any content submitted to this website by any third party.

Access Limits

Without Lance's express consent, you may not: (a) link to this website; (b) use any automated means to access the website or collect any information from the website, including without limitation robots, spiders or scripts; or (c) frame the website, place pop-up windows over its pages or otherwise affect the display of its pages. Under no circumstances may you: (a) derive or attempt to derive the source or object code, source files or structure of this website or its content by reverse engineering, disassembly, decompilation or any other means; (b) attempt to access the accounts of others or attempt to penetrate security measures of the systems of Lance or its affiliates ("hacking"), whether or not the intrusion results in corruption or loss of data; or (c) transmit to Lance or by means of this website unauthorized or unsolicited advertising, junk or bulk e-mail ("spam"), or any other form of unauthorized or unsolicited transmission.

Governing Law and Jurisdiction

You agree that the laws of the State of North Carolina will govern any action relating to this Terms of Use and/or your use of this website. By using the website, you agree to the jurisdiction of and venue in the state and federal courts of the State of North Carolina, County of Mecklenburg, for any litigation that may arise out of, or be related to, these Terms of Use and/or your use of the website. You agree to waive any objection based on forum non conveniens or any objection to venue in Charlotte, North Carolina, of any such action.

International Use

Lance makes no representation that this website or its content are appropriate for or available to locations outside the United States of America, and using this website from territories where it is illegal to do so is prohibited. Such is done at your own risk and you are responsible for compliance with all local laws.

Forward Looking Statements Disclosure

This website contains certain statements regarding Lance, Inc. (NASDAQ symbol LNCE) including statements regarding the financial position and cash flows, financial trends, reported financial results, trends, forecasts and other information that may constitute forward-looking statements within the meaning of the federal securities laws. These forward looking statements may be based upon assumptions and estimates made by Lance, each of which are subject to risks and uncertainties. You can identify such forward-looking statements by use of words such as "estimates," "plans," "believes," "expects," "hopes," "will," "intends," "targets," "objectives," "goals," "forecasts, " and other words of similar meaning or certainty. Forward-looking statements may also be identified by the fact that they do not strictly relate to historical or current facts. For each such statement Lance claims the protection of the safe harbor for forward-looking statements provided by the Private Securities Litigation Reform Act of 1995.

Demand for Lance's products and services are subject to intense competition, changes in consumer preferences and economic conditions. Actual results could differ materially from the forward-looking statements found on this website. Factors that may cause actual results to differ materially from the forward-looking statements include price competition, industry consolidation, raw material costs, effectiveness of sales and marketing activities, effective development of new products, brands, and markets and the operation of a leveraged business as described in Lance's filings with the United States Securities and Exchange Commission. We caution you that the above list of important factors and forward-looking statements are not exclusive. We refer you to the filings that Lance has made with the United States Securities and Exchange Commission. They may discuss new or different factors that may cause actual results to differ materially from those forecast. All forward-looking statements and information included in this website speak only as of the date the information is posted on the website, and we do not undertake any obligation to update such information after it is posted to the website or to remove such information from this website if it is no longer accurate or complete.

This website may also contain information concerning the stock of Lance and other companies. That information may include stock quotes. The Lance, Inc. stock price and other stock prices which may be found on or accessed from this website are delayed a minimum of twenty minutes, and are provided for informational purposes only. The information contained or made available on or through this website is not intended for trading purposes. All such stock information is provided on this website by a third-party information provider. Lance, Inc. and its stock information provider(s) make no warranties as to the accuracy or timeliness of the information found on this website or its suitability for any particular purpose and shall not be liable for any inaccuracies or delays in the stock quotes or other information or for any actions you might take in reliance thereon.

Notice/Contact

Please address any questions or correspondence to:

Lance, Inc.
Attn: Consumer Affairs
P.O. Box 32368
Charlotte, NC 28232
1-800-99-LANCE

To contact Lance by email, please use the form on the Contact Us page in our website.

Legal notices must be sent to Lance's postal mail address, with "Attention: Legal Department" substituted for "Consumer Affairs" in the mailing address. Notice will be considered given upon receipt. Lance may contact you and communicate official notices to you at your e-mail address, postal mail address, home or work address, telephone number or fax number. Lance is entitled to assume that any address information that you provide to us is correct. Notice to you will be considered given when sent.

© 2001-2005 Lance, Inc., all rights reserved.

© Copyright 2008 Lance, Inc.