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 Gourmet Baker Inc. (“Gourmet”). 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. Gourmet 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 are provided for your convenience only and maybe modified or removed at any time, 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 Gourmet’s sole discretion.
3. changes to this site
Changes may be made at any time to the information, names, text, 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
Gourmet’s personal information practices on this Site are governed by Gourmet’s privacy policy (below). Please review this privacy policy 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.
5. links
This Site may contain links or references to third party websites. These links are provided for your convenience only. Your use of 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 Gourmet.
6. 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 (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 personal information not belonging to you, including without limitation any personal information belonging to minors.
(c) Gourmet 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 Gourmet other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights regarding Your Materials described below.
To the extent that you submit information, materials, ideas, opinions, concepts, know-how, techniques,creative ideas or any content (collectively “Your Material”) through this Site, you understand and agree that Gourmet 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 Gourmet products or programs. This means that Gourmet has no obligation to treat Your Materials, including without limitation your idea submissions, confidentially.You hereby grant to Gourmet 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.
8. 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“Gourmet Materials”), are the property of Gourmet and/or its licensors and are protected by copyright, trade-mark and other intellectual property rights and laws. Gourmet’s name, design and related marks are trade-marks of Gourmet Baker Inc. © 2011 Gourmet Baker Inc. All rights reserved.
9. disclaimer of warranties
THIS SITE, ITS CONTENTS, THE GOURMET MATERIALS, AND ANY PRODUCTS, FUNCTIONALITIES AND SERVICES OFFERED OR CONTAINED HEREIN AREPROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. GOURMET 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 GOURMET 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, GOURMET 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.
10. limitation of liability
IN NO EVENT SHALL GOURMET 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 GOURMET MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY LINKS, PRODUCTS, FUNCTIONALITIES OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESSTO, 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 GOURMET 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. GOURMET SHALL NOT BE RESPONSIBLE FOR YOUR MATERIALS OR THE MATERIALS OF ANY OTHER USERS SUBMITTED THROUGH THIS SITE.
11. indemnification
You agree to indemnify and hold harmless Gourmet 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.
12. termination
Gourmet may at any time and at its sole discretion terminate your right to use this Site
13. governing law
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, 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 British Columbia except for residents of Quebec, to the courts in the District of Montreal, Province of Quebec.
14. general
These Terms of Use constitute the entire agreement between you and Gourmet with respect to your use of this Site and supercede all previous agreements, understandings and representations relating thereto. No failure by Gourmet or you to exercise any rights, powers or remedies hereunder or its delayto 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 laprésente convention ainsi que tous les documents y afférents soient rédigés en anglais. Sections 7, 8, 9,10, 11, 13 and 14 shall survive the termination of your right to use this Site.
Last Updated April 1, 2011
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