Contractual Terms and Conditions of Website Use
These terms and conditions (the "Terms and Conditions
") contractually govern your access to, and use of, www.duncanhines.ca (the "Site
"), a website which is owned by Pinnacle Foods Canada Corporation. ("Pinnacle Foods
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE. YOUR USE OF THIS SITE WILL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS.
The Terms and Conditions of this contract apply to your use of the Site, and do not alter in any way the terms or conditions of any other agreement between you and Pinnacle Foods.
Changes may be made to the Terms and Conditions at any time without notice to you by Pinnacle Foods updating this contract, and such changes will be effective immediately upon posting of same on the Site. You agree to review the Terms and Conditions periodically. Your continued access or use of the Site will constitute your agreement with any such revised contract. This contract that governs your access to, and use of, this site can be accessed at
, at any time.
The information, communications, material, and content provided in the Site, including any pricing information, (the "Information
") is provided on an "as is" basis without any representation, warranty, or convenant as to the quality, accuracy, completeness, or otherwise, and this Site shall be used by you entirely at your sole risk. Without limiting the foregoing, the Information may include technical inaccuracies or typographical errors, and Pinnacle Foods, along with its officers, directors, employees, and agents have no obligation to revise, delete, correct, or improve the Information. The Information or the Site may be changed, withdrawn, or terminated at any time without any notice.
You hereby accept Pinnacle Foods' express denials and disclaimers of all warranties, representations or guarantees of any kind, either express or implied, including, but not limited, to any warranties for information, content, services or goods associated with the Site.
, which is hereby incorporated into this contract as a fundamental term and condition.
The Site and its Contents
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including any Duncan Hines logo and all designs, text, graphics, pictures, information, data, software, sound files, and other files (collectively, "Pinnacle Foods Content
") are the proprietary property of Pinnacle Foods or its licensors or users and are protected by Canadian, U.S., and international copyright laws. All rights to the Pinnacle Foods Content are expressly reserved.
All information in this Site is protected under the copyright laws of Canada, U.S., and/or other countries. Users of this Site shall be entitled to copy any information for their own personal use, but may not republish or reproduce any such information in any manner, including electronic reproduction by "uploading" or "downloading", without the prior written consent of Pinnacle Group. Otherwise, no one has permission to copy, redistribute, reproduce or republish, in any form, any information found in the pages of this Site.
Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of the Site may constitute trade names, registered or unregistered trade-marks or service marks ("Trade-marks
") of Pinnacle Foods, or of third parties and used under license by Pinnacle Foods. The display of Trade-marks on pages at the Site does not imply that any license has been granted to any third party. Also, to the extent that we include certain trademarks owned by other parties on the Site, these trademarks are property of their respective owners.
You agree not to copy, reproduce, or modify any portion of the Site. This restriction includes a prohibition on copying, reproducing, or modifying any names, trademarks and logos which Pinnacle Foods owns or has the right to use.
Pinnacle Foods Content can be downloaded from the Site onto one computer for personal, non-commercial use only, provided that copyright, trademark, or other proprietary notices are not changed, modified, altered, obscured or deleted. Any unauthorized downloading, re-transmission, or other copying or modification of Trade-marks or other contents of this Site may be a violation of our intellectual property rights which could subject the violator to legal action.
You agree that all Pinnacle Foods Content you download from the Site remains the property of Pinnacle Foods and its subsidiaries. You agree that you cannot redistribute or sell Pinnacle Foods Content - or reverse-engineer, disassemble, or otherwise convert it to any other form.
The Site may contain hypertext links to other web sites ("Third-Party Sites
"). You agree and accept that Third-Party Sites are not owned, controlled, or otherwise under any influence of Pinnacle Foods, and that access to Third-Party Sites is for your convenience only and shall be at your sole risk. Pinnacle Foods shall not have any obligations, duties or responsibilities in any connection with Third-Party Sites. You agree that this contract shall not govern your access to and use of Third-Party Sites. Pinnacle Foods makes no claim, representation, warranty, or convenant regarding Third-Party Sites, including any goods, services, or information in connection therewith. Pinnacle Foods shall not be responsible or liable for any goods, services, information, communication, quality, policies, nature, or reliability of Third-Party Sites and any content therein or other web sites linking to the Site.
You agree that Pinnacle Foods shall not be responsible or liable, directly or indirectly, for any costs, expenses, damage or loss, however caused or alleged (whether arising in contract, tort, negligence, or otherwise) in any connection with your access to, use of, or any reliance upon, any information, content, goods, or services associated with any Third Party Sites.
Use of the Site
By accessing or using the Site, you agree to the terms and conditions of this contract, including:
• You are responsible for any activity that occurs under your account.
• You must not abuse, harass, threaten or intimidate other users of the Site.
• You may not use the services available through the Site for any illegal or unauthorized purpose.
• You must not modify, adapt or hack the site or modify another website so as to falsely imply that it is associated with the Site.
• You must not create or submit unwanted email to any users of the Site ("spam").
• You must not transmit any worms or viruses or any code of a destructive nature.
You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, Federal, or international law.
We may, but have no obligation to, remove any content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions. While Pinnacle Foods prohibits such conduct and content on the Site, you understand and agree that Pinnacle Foods cannot be responsible for the content posted on the Site, and you nonetheless may be exposed to such materials and that you use the Site at your sole risk.
You shall not disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site. You agree that you will not post on or transmit any software, files or links to other sites, and that you will not post on or transmit any submission that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site. You further agree not to post any message, data, information, text, music, sound, photos, graphics, or other material in such a way that damages the image or rights of Pinnacle Foods, other users or third parties.
Violation of any of the Terms and Conditions may (in the absolute discretion of Pinnacle Foods) result in the immediate termination of your access and use the Site without prior notice. Pinnacle Foods reserves the absolute right to prohibit your access and use of the Site at any time.
Registration Data; Account Security
In the event that you register for an account with the Site, you agree to: (a) provide accurate, current, and complete information about you as may be required by any registration forms on the Site ("Registration Data
"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Pinnacle Foods, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Pinnacle Foods.
You are prohibited from submitting any "sensitive" personally identifiable information over the Site. This may include, but is not limited to, any information about yourself or another person, including names or other identifications that may relate to health or medical conditions, social insurance numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters. When making a submission, you are prohibited from displaying your full name. Therefore, you shall not select a User ID that incorporates your full name.
Use of User Id/Password
A. If you register and/or set up an account on the Site, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or your rights and obligations under this contract to any third party without our prior written approval. Any attempt to do so will be null and void and shall be considered a material breach of this contract.
B. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
C. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Site, or notify our Privacy Officer
Use of Interactive Areas
The Site may contain blogs, discussion forums, bulletin boards, public recommendations, review services or other forums in which you or third parties may questions, answers, opinions, or other content on the Site ("Interactive Areas
In the event that you subscribe to any registered uses of the Interactive Areas of this Site by registering for an account with the Site, you agree that such access to Interactive Areas is at your sole risk. As well, you hereby agree not to post, submit, or enter any offending material on any Interactive Area including:
• Any message, data, information, text, music, sound, photos, graphics, code or other material ("User Content
") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, state, national or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• User Content that is false and misleading;
• User Content that contains unsolicited promotions, political campaigning, advertising or solicitations;
• User Content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
• User Content that is unrelated to the topic of the Interactive Area(s) in which such User Content is posted; or
• User Content that, in the sole judgment of Pinnacle Foods, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Pinnacle Foods or its affiliates or its users to any harm or liability of any type.
As previously mentioned, we may remove any content, including User Content that you post, submit, or enter, which we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions. As well, any violation with these Terms and Conditions may (in the absolute of our discretion) result in the immediate termination of your access and use the Site without prior notice. We reserve the absolute right to prohibit your access and use of the Site at any time.
Availability and Suitability
The Site is controlled and operated by Pinnacle Foods in Toronto, Ontario, Canada. Pinnacle Foods makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Compliance with Laws
You represent, warrant and covenant that in accessing and using the Site you shall comply with all applicable laws, rules, regulations and by-laws of Canada or the country in which you reside, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission or exporting of data from Canada or the country in which you reside.
Limitation of Liability
Pinnacle Foods shall not be responsible or liable in any manner, or to any extent whatsoever, in any connection with your access or your use of, or reliance upon this Site. Without limiting the foregoing, Pinnacle Foods shall not be liable concerning any software, data corruption, computer viruses, worms, unauthorized codes, trap doors, cookies or other destructive, harmful or disruptive files or programs that may infect or otherwise detrimentally affect the use of any computer equipment.
You hereby waive, and covenant not to assert, any rights, claims, causes of actions, or remedies of any nature whatsoever against Pinnacle Foods, its affiliates, or their respective directors, officers, employees, or agents arising out of or in any way relating to your access to or use of the Site, the services available through the Site, or the content or material contained in or accessible through the Site, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of any User Content on the Site, any third party intellectual property or other rights and infringements.
You acknowledge and agree that this Site is exclusively located and operated in Ontario, Canada, and that all access to and use of the Site is hereby deemed to be within Ontario, Canada. The terms and conditions of this contract shall be exclusively governed by, and construed in accordance with, the laws of Ontario, Canada, including the federal laws of Canada applicable in Ontario. You hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any connection with this contract whatsoever, including any dispute or legal proceeding.
If any provision of the Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
You agree that any waiver of any provision of the Terms and Conditions shall only be effective if in writing and signed by Pinnacle Foods. Pinnacle Foods' failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.