Terms of Use
Please read these Terms of Use carefully before using this website (“Site”) and print a copy for your records. This Site is provided to you by the Maple Leaf Centre for Action on Food Security (“The Centre”). Your access to and use of this Site is subject to these Terms of Use. By accessing and using this Site you (“you”) agree to be bound by these Terms of Use whether or not you have read them. If you do not agree to these Terms of Use, do not access or use this Site. The Centre may at its sole discretion modify these Terms of Use at any time and such modifications will be effective immediately upon being posted on this Site. Please check these Terms of Use periodically for any modifications. If you do not agree to any modifications of these Terms of Use, you must immediately stop using this Site. Your continued use of this Site following posting of the modifications will indicate your acceptance of these modified Terms of Use.
1. Availability
The services and functionalities provided on this Site (including without limitation the key word search and Content Centre videos) 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.
2. Reliance on information
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at The Centre’s sole discretion. Regardless, The Centre shall have no liability for any reliance by any party on the Site, or any content posted on the Site.
3. Changes to this site
Changes may be made at any time to the information, names, text, software, images, pictures, logos, trade-marks, functionalities, products and services and any other material displayed on, offered through or contained on this Site.
4. Privacy policy
The Centre’s personal information practices on this Site are governed by The Centre’s 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 in their province or territory of residence.
5. 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 opinions, 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, recommendations, 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 The Centre 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 The Centre.
6. Your obligations
- 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; (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, or (xi) use this Site to send computer programs to others.
- 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.
- To the extent it is applicable, now or in the future, 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 The Centre of any unauthorized use of any such password, to the extent applicable.
- The Centre 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.
7. Your materials
Messages submitted to this Site by electronic mail or otherwise, including without limitation any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and non-proprietary. By submitting a message to this Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and The Centre other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights regarding Your Materials described below.
You may from time to time post information, materials, ideas, opinions, concepts, votes, know-how, techniques, creative ideas or any content (collectively “Your Materials”) on this Site or transmit Your Materials to The Centre through this Site. You understand and agree that The Centre 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 The Centre 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 The Centre products or programs. This means that The Centre has no obligation to treat Your Materials, including without limitation your idea submissions, confidentially. You hereby grant to The Centre 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 or violate any law.
8. Contests and coupons
This Site may run contests and other promotional activities from time to time. All such contests and other promotional activities will be subject to the applicable contest or promotion rules. By entering into the contest or promotion, you signify your agreement to the applicable contest and other promotional activity rules as well as the terms set out in these Terms of Use.
All coupons (if any) provided on this Site are subject to the terms and conditions applicable to such coupons.
9. 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 “Centre Materials”), are the property of The Centre and/or its licensors and are protected by copyright, trade-mark and other intellectual property rights and laws. The Centres’ name, design and related marks are trade-marks of The Centre, and neither title nor intellectual property rights are transferred to any third party through the use or access to this Site; rather, all rights, title and interest in and to all aspects of this Site remain the sole property of The Centre or its licensors. © 2018 Maple Leaf Foods Inc. All rights reserved.
The Centre hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display The Centre Materials for non-commercial and personal use only; provided that you maintain all copyright, trade-mark and other notices contained in such The Centre 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 The Centre Materials to any third party (including, without limitation, the display and distribution of The Centre Materials via a third-party website) without the express prior written consent of The Centre. Unless expressly permitted herein, any use of The Centre Materials is only permitted with the express written permission of The Centre and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify The Centre Materials.
10. Forward-looking statements
This Site may contain forward-looking statements that are based on current expectations, estimates, forecasts and projections and beliefs and assumptions. Such statements include, but are not limited to, statements with respect to The Centre’s objectives and goals, as well as statements with respect to The Centre’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. The assumptions on which such expectations, estimates, forecasts and projections and beliefs are based 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. The Centre does not intend, and 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 Centre Materials, and any products, functionalities and services offered or contained herein are provided on an “as is” basis and on an “as available” basis. The Centre 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 Centre 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, The Centre 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 The Centre 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 The Centre 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(if any); 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 The Centre 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 (including without limitation all damage to devices) and your materials. The Centre shall not be responsible for your materials or the materials of any other users submitted to this Site.
13. Indemnification
You agree to indemnify and hold harmless The Centre and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; (b) your use of this Site including without limitation transmission or placement of information or material by you on this Site; and (c) any claim or allegation that Your Materials infringe the intellectual property or other proprietary rights of any third party.
14. Termination
The Centre may at any time and at its sole discretion terminate your right to use this Site.
15. Governing law
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, with the exception of agreements with residents of Quebec in which case these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the province of Quebec, and in each case the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of Ontario except for residents of Quebec, to the courts in the District of Montreal, Province of Quebec.
16. General
These Terms of Use constitute the entire agreement between you and The Centre with respect to your use of this Site and supersede all previous agreements, understandings and representations relating thereto. No failure by The Centre or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais. Sections 7, 9, 10, 11, 12, 13, 15 and 16 shall survive the termination of your right to use this Site.