01 • AVAILABILITY
The services and functionalities provided on this Site (including without limitation the Recipe Database, Product Database, FAQ, Butcher Tips, Baker tips, One Click to Dinner, Meal Selector Tool, Desktop Timer Widget, Advanced Key Word Search, and any games or coupons available through this Site) are provided for your convenience only and may be modified or removed at any time from this Site, or they may be unavailable from time to time.
02 • RELIANCE ON INFORMATION
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Maple Leaf Foods’ sole discretion.
03 • CHANGES TO THIS SITE
Changes may be made at any time to the information, names, text, software, images, pictures, games, logos, trade-marks, functionalities, products and services and any other material displayed on, offered through or contained on this Site.
Maple Leaf Foods’ personal information practices on this Site are governed by Maple Leaf Foods’ privacy statement. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of majority.
05 • LINKS
This Site may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Maple Leaf Foods or its affiliates. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.
You may not create a link to this Site without the prior written consent of Maple Leaf Foods.
06 • YOUR OBLIGATIONS
a) Your use of this Site will be in compliance with all applicable laws and regulations. You will not: (i) use this Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email; (ii) omit, delete, forge or misrepresent transmission information, including without limitation headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (iii) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (iv) engage in any activities intended to withhold or cloak identity or contact information; (v) send harassing and/or threatening messages to others; (vi) transmit any viruses or other disabling mechanisms; (vii) use this Site for any illegal purpose, in violation of any applicable laws or regulations; (viii) engage in any Internet activities that would violate the privacy rights of others; (ix) attempt to penetrate security measures of this Site or obtain or bypass others’ passwords; or (x) engage in denial of service attacks, or take actions designed to impair network access by flooding this Site or the Internet with useless traffic.
b) You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content on or through this Site that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy; (ii) infringes or violates any party’s copyright, trade-mark, trade secret, patent or other proprietary rights; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information not belonging to you, including without limitation any personal information belonging to minors;
c) You acknowledge and agree that you are solely responsible for your account and the security of your password relating to such account and that you will not disclose it to any third parties. In addition, you will promptly advise Maple Leaf Foods of any unauthorized use of your password.
d) Maple Leaf Foods makes no representation or warranties that materials in this Site are appropriate or available for use outside of Canada. If you are accessing this Site from outside of Canada, you are doing so on your own initiative and are responsible for compliance with applicable laws, if and to the extent applicable. The products referred to on this Site may not be available outside of Canada.
07 • YOUR MATERIALS
You may from time to time post information, materials, ideas, opinions, concepts, votes, know-how, techniques, creative ideas or any content (collectively “Your Material”) on this Site or transmit Your Materials to Maple Leaf Foods through this Site. You understand and agree that Maple Leaf Foods may, at its sole discretion, decide not to post Your Materials on this Site or make modifications to Your Materials prior to posting it. You further understand and agree that Maple Leaf Foods assumes no responsibility for reviewing unsolicited ideas for its business (like product or advertising ideas) and will not incur any liability as a result of any similarities between your ideas and/or Your Materials and future Maple Leaf Foods products or programs. This means that Maple Leaf Foods has no obligation to treat Your Materials, including without limitation your idea submissions, confidentially. You hereby grant to Maple Leaf Foods a worldwide, irrevocable, royalty-free, perpetual license to use, produce, reproduce, create derivative works from, modify, adapt, publish, translate, display, distribute, broadcast, communicate to the public by telecommunication or circulate Your Materials and to sub-license any such rights. You hereby waive all moral rights that you may have in Your Materials.
You represent and warrant that you are the author of Your Materials and that they do not infringe the intellectual property or other proprietary rights of any third party.
08 • CONTESTS AND COUPONS
All coupons provided on this Site are subject to the terms and conditions applicable to such coupons.
09 • INTELLECTUAL PROPERTY
The materials displayed on or contained within this Site including, without limitation, all software, design, text, photographs, illustrations, games, audio clips, video clips, tools, artwork and other graphic materials, and names, logos, trade-marks and service marks and any other content (collectively the “MLF Materials”), are the property of Maple Leaf Foods and/or its licensors and are protected by copyright, trade-mark and other intellectual property rights and laws. Maple Leaf Foods’ name, design and related marks are trade-marks of Maple Leaf Foods Inc. © 2009 Maple Leaf Foods Inc. All rights reserved.
Maple Leaf Foods hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the MLF Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such MLF Materials. You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any MLF Materials to any third party (including, without limitation, the display and distribution of MLF Materials via a third party website) without the express prior written consent of Maple Leaf Foods. Unless expressly permitted herein, any use of MLF Materials is only permitted with the express written permission of Maple Leaf Foods and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.
10 • FORWARD LOOKING STATEMENTS
This Site may contain forward-looking statements that are based on current expectations, estimates, forecasts and projections about the industries in which Maple Leaf Foods operates and beliefs and assumptions made by the management of Maple Leaf. Such statements include, but are not limited to, statements with respect to Maple Leaf’s objectives and goals, as well as statements with respect to Maple Leaf’s beliefs, plans, objectives, expectations, anticipations, estimates and intentions. Words such as “expect”, “anticipate”, “intend”, “attempt”, “may”, “will”, “plan”, “believe”, “seek”, “estimate”, and variations of such words and similar expressions are intended to identify such forward-looking statements. These statements are not guarantees of future performance and involve assumptions and risks and uncertainties that are difficult to predict. In particular, these forward-looking statements are based on a variety of factors and assumptions including, but not limited to: the condition of the Canadian and United States economies; the magnitude of the rate of change of the Canadian dollar versus the U.S. dollar; the availability and prices of raw materials, energy and supplies; product pricing; the competitive environment and related market conditions; improvement of operating efficiencies; continued access to capital; the cost of compliance with environmental and health standards; adverse results from ongoing litigation; no expected actions of domestic and foreign governments and the general assumption that none of the risks identified under “Risk Factors” in Maple Leaf’s most recent annual information form will materialize. These assumptions have been derived from information currently available to Maple Leaf Foods including without limitation information obtained by Maple Leaf Foods from third-party industry analysts. These assumptions may prove to be incorrect in whole or in part. In addition, actual results may differ materially from those expressed, implied or forecasted in such forward-looking statements. Refer to Maple Leaf’s annual report, annual information form, management information circular and other documents available on SEDAR at www.sedar.com for further information on risks and uncertainties that could cause actual results to differ materially from forward-looking statements. Maple Leaf Foods does not intend, and Maple Leaf Foods disclaims any obligation, to update any forward-looking statements, whether written or oral, or whether as a result of new information, future events or otherwise except as required by law.
11 • DISCLAIMER OF WARRANTIES
This site, its contents, the mlf materials, and any products, functionalities and services offered or contained herein are provided on an “as is” basis and on an “as available” basis. Maple Leaf Foods makes no representations, warranties, guarantees or conditions of any kind, whether express, legal or implied, arising from statute, course of dealing, usage of trade or otherwise, with respect to this site, its contents, the mlf materials or such links, products, functionalities and services offered or contained herein, and disclaims all such representations, warranties, guarantees and conditions, including without limitation, representations, warranties, guarantees and conditions of merchantable quality, quality or fitness for a particular purpose, non-infringement of third party rights, error-free or uninterrupted service, accuracy, availability, reliability, security, currency and completeness arising from or relating to this site, its content or any links, products, functionalities or services provided through this site. in addition, Maple Leaf Foods does not provide any representation, warranty, guarantee or condition that the information accessible via this site is accurate, complete or current. all representations, warranties, guarantees and conditions are hereby disclaimed to the maximum extent permitted by applicable laws.
You understand and agree that products displayed on this site may not reflect actual packaging.
12 • LIMITATION OF LIABILITY
In no event shall Maple Leaf Foods and its affiliates and any of their respective directors, officers, employees, agents, mandataries or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, goodwill, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: this site; any mlf materials, information, qualification and recommendations appearing on this site; any links, products, functionalities or services offered through, contained in or advertised on this site; your account and password; failure of performance, error, omission, interruption, defect, delay in operation, computer virus, communication line failure, theft, destruction or unauthorized access to, or alteration of, or inability to use this site whether or not arising from breach of contract, tort, civil liability or otherwise and even if Maple Leaf Foods has been advised of the possibility of such damages. this exclusion of liability shall apply to the fullest extent permitted by law.
You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of this site and your materials. Maple Leaf Foods shall not be responsible for your materials or the materials of any other users submitted to this site.
13 • IDEMNIFICATION
14 • TERMINATION
Maple Leaf Foods may at any time and at its sole discretion terminate your right to use this Site.
15 • GOVERNING LAW
16 • GENERAL