ConAgra Foods Canada Legal Policy
By accessing and browsing any web site owned and/or operated by ConAgra Foods Canada, Inc. (collectively the "Site"), you accept, without limitation or qualification, the Legal Policy set forth in the following Terms and Conditions, as modified from time to time, as well as any other law or regulation that applies to the Site, the Internet or the Worldwide Web.
Terms and Conditions of Use
ConAgra Foods Canada, Inc. ("ConAgra Foods Canada") provides you with access to, and use of, the Site subject to all applicable laws and regulations and this Legal Policy. By accessing and using the Site you accept each of the Terms and Conditions of this Legal Policy without limitation. If you do not accept each of the Terms and Conditions contained in this Legal Policy without limitation, please exit the Site. This Legal Policy supercedes any other agreements you may have with ConAgra Foods Canada regarding this subject matter.
The content or other materials on the Site including, but not limited to, all text, audio, images and other materials or elements (collectively the "Content") are owned and copyrighted by ConAgra Foods Canada , its licensors or others with all rights reserved. You should assume that the Content is under copyright and owned by ConAgra Foods Canada unless otherwise noted and you may not use the Content, except as provided in this Legal Policy, without the prior written permission of ConAgra Foods Canada.
All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site are either the trademarks or service marks (registered or unregistered) of ConAgra Foods Canada or its licensors unless otherwise stated herein. ConAgra Foods Canada and its licensors expressly reserve all intellectual property rights in all Content on the Site. No license is granted to you in connection with such Content contained on the Site.
In its sole discretion, ConAgra Foods Canada or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.
ConAgra Foods Canada maintains the Site for your personal entertainment, information, education, and communication only and grants you permission to use the Site and to download Content, but only for noncommercial, personal use; provided, however, that you retain all copyright and other proprietary notices contained on the Content, that you do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior specific written permission of ConAgra Foods Canada, and that you do not download or use any images of people or places ("Images") displayed on the Site for any purpose. Any unauthorized use of such Images may violate copyright laws, trademark laws, the laws of privacy and publicity, and related communications regulations and statutes.
Additionally, you agree to not to engage in any of the following activities on the Site: Upload, post or transmit any informational content that is unlawful, threatening to another person or entity, infringing, defamatory, false, misleading, abusive, harassing, libelous, vulgar, obscene, pornographic, profane, invades the privacy of another, or is otherwise objectionable; Intentionally or unintentionally violate or encourage conduct that would be considered a violation of any local, provincial or federal law, either civil or criminal; Impersonate another user, person or entity, including any official or employee of ConAgra Foods Canada; Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; and Use the Site to advertise or perform any commercial solicitation.
Links to Third Party Sites.
The Site may contain links to other Internet sites not under the ownership or editorial control of ConAgra Foods Canada. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by ConAgra Foods Canada of any products, services, advice or information available from such sites. ConAgra Foods Canada does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release ConAgra Foods Canada and its subsidiaries, affiliates, officers, directors and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of ConAgra Foods Canada. Check the Uniform Resources Locator ("URL") address provided in your Worldwide Web browser to see if you are still in a ConAgra Foods Canada Site or have moved to another third-party site.
EXCLUSION OF LIABILITY.
NEITHER CONAGRA FOODS CANADA NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY CONAGRA FOODS CANADA SITE AND YOUR USE OF ANY CONAGRA FOODS CANADA SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY CONAGRA FOODS CANADA SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. EXCEPT AS OTHERWISE STATEMENT IN THIS LEGAL POLICY, CONAGRA FOODS CANADA DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY CONAGRA FOODS CANADA SITE.
CONAGRA FOODS CANADA IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, CONAGRA FOODS CANADA IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CONAGRA FOODS CANADA' TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.
THE CONTENT OF ANY CONAGRA FOODS CANADA SITE IS PROVIDED "AS IS" AND CONAGRA FOODS CANADA DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES: THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE; THE CONTENT IS ERROR-FREE AND ACCURATE; THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; DEFECTS WILL BE CORRECTED; THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT; THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES. IN ADDITION TO THE ABOVE YOU (AND NOT CONAGRA FOODS CANADA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.
EXCEPTION: IN CERTAIN PROVINCES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO ALL OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Software and other materials from the Site may be subject to Export Control laws. The Canadian and United State Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported in violation of any such laws. ConAgra Foods Canada does not authorize the exportation of any software or technical data from the Site to any foreign jurisdiction.
Revisions to the Terms.
Content Submitted by Users.
Any communication or material you transmit to ConAgra Foods Canada at the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by ConAgra Foods Canada or its subsidiaries and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, ConAgra Foods Canada is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. The information and opinions expressed in Bulletin Boards, Chat Rooms or other forums conducted on the Site ("Forums") are not necessarily those of ConAgra Foods Canada or its affiliated or related entities or content providers and ConAgra Foods Canada makes no representations or warranties regarding that information or those opinions. Furthermore, neither ConAgra Foods Canada nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided on the Site.
Health Related Information.
Information accessible on this Site is for information only and is not intended to be a substitute for professional medical advice. ConAgra Foods Canada does not endorse or warrant the validity of any such health related statements contained on the Site or any such information contained in third party sites referenced in the Site. Information is general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
Users are prohibited from violating or attempting to violate the security of the Site, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing or crashing; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; or (g) by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from ConAgra Foods Canada on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Violations of system or network security may result in civil or criminal liability. ConAgra Foods Canada may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Choice of Law.
This Legal Policy and your use of this Site is governed by the laws of the Province of Ontario, Canada, without regard to its choice of law provisions.
This Legal Policy constitutes the entire agreement between you and ConAgra Foods Canada and governs your use of any ConAgra Foods Canada Site. The failure of ConAgra Foods Canada to exercise or enforce any right or provision of this Legal Policy shall not constitute a wavier of any such right or provision. If any provision of this Legal Policy is found by a court of competent jurisdiction to be invalid then such provision shall be eliminated from the Legal Policy and the surviving terms shall remain in full force and effect. Any claims arising under this Legal Policy must be brought within one (1) year after such claim or action or action arose or be forever barred.