TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE RESPONDING TO, USING OR OTHERWISE ENGAGING WITH THIS INSTAGRAM POST (AS DEFINED BELOW). RESPONDING TO, USING OR OTHERWISE ENGAGING WITH THIS INSTAGRAM POST IN ANY WAY INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU MUST NOT RESPOND TO, USE OR OTHERWISE ENGAGE WITH THIS INSTAGRAM POST.

Acceptance of these Terms of Use Your use or engagement with in any manner of this Instagram Post, including any re-postings, created by, for 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 “Instagram Post”) 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, and regulations. Chobani reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your continued use or engagement with this Instagram Post 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 the age of majority in the location where you reside. If you are under the age of majority, you may not, under any circumstances or for any reason, respond to or engage with this Instagram Post.

Submission of ideas or suggestions Chobani is always improving its products and services. If you have ideas or suggestions regarding flavors, improvements or additions to Chobani’s products or services, 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.

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, OR ENGAGEMENT WITH THIS INSTAGRAM POST OR ANY CONTENT ON THIS INSTAGRAM POST, EVEN IF A CHOBANI PARTY OR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS INSTAGRAM POST, THE CONTENT HEREON, YOUR USE OR ENGAGEMENT WITH THE INSTAGRAM POST, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INSTAGRAM POST.

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 OR ENGAGEMENT WITH THIS INSTAGRAM POST 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.

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 Instagram Post. You agree that any claim brought by you, or on your behalf, shall be exclusively venue 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 or engagement with this Instagram Post and any transaction arising in connection with such use or engagement with 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 Instagram Post 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 Instagram Post 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, ownership provisions, warranty disclaimers, limitations of liability, class action waivers and arbitration.

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 or engagement with this Instagram Post 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 constitute 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.

The Instagram Post is in no way sponsored or endorsed by Instagram or its affiliates. Instagram is not affiliated with Chobani in any way. You understand that you are providing your information to Chobani and not to Instagram or its affiliates.