Web Site Terms Of Use

This Web Site is provided to you by Arla Foods Inc. ("Arla Foods"). If you have any comments or queries, please contact us by email at marketing_canada@arlafoods.com or by writing to us at 675 Rivermede Road, Concord, Ontario L4K 2G9, Canada.

Your access to and use of this Web Site is subject to the terms and conditions of use set forth herein (these "Terms of Use"). By accessing or using this Web Site, and in consideration thereof, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use you may not access or use this Web Site.

Arla Foods, and only Arla Foods, may modify these Terms of Use from time to time in its sole discretion. Such modifications will be effective immediately upon posting to this Web Site. Your continued use of this Web Site following any such modification demonstrates your agreement to be bound by these Terms of Use as so modified. You agree to check these Terms of Use periodically to determine if any modifications have been made. If you do not agree to any modification to these Terms of Use, then you must immediately stop using this Web Site.

1. Privacy Policy
Your use of this Web Site is subject to the terms of the Arla Foods Web Site Privacy Statement [a copy of which can be viewed by clicking here. You hereby consent to the collection, use and disclosure of your personal information on the terms and conditions specified in the Web Site Privacy Policy.

2. Intellectual Property
You acknowledge and agree that all copyright, patent rights, trademark rights and other intellectual and industrial property rights in and to: (a) the content and materials contained in or displayed on this Web Site from time to time (the "Content"), including without limitation all text, graphics, photographs, illustrations, artwork, names, logos, business names, trade names and trademarks; and (b) all HTML and other code or software used to operate this Website from time to time (together with the Content, the "Arla Intellectual Property"), shall remain at all times vested in Arla Foods and/or its affiliates and licensors, as the case may be, and is protected by copyright, patent and trade-mark laws, and other intellectual and industrial property laws and international treaty provisions. Arla Foods may add to, remove or modify any Arla Intellectual Property at its own discretion and without giving any notice.

You may access this Web Site and view the Content solely for your personal, private, internal and non-commercial end-use. You may also: (a) download and retain, in either written or electronic form, a single copy of these Terms of Use and the Web Site Privacy Policy solely for your records and personal reference; and (b) download and retain, in either written or electronic form, a single copy of any Content that this Web Site has expressly provided you with the opportunity to print or to e-mail to yourself via a hypertext link.

Except as set forth in the previous paragraph, you may not modify, copy, distribute, transmit, display, redistribute, reproduce, publish, make available to the public, use, license, sub-license, commercially exploit, create derivative works from, transfer, or sell any Arla Intellectual Property without first obtaining permission to do so from Arla Foods in writing. In addition, you may not use this Web Site, or any of the Arla Intellectual Property to further any commercial purpose, including (but not limited to) advertising or to promote or generate activity on any other web site. If you wish to obtain permission to make use of any of the trademarks or other Content which may be displayed on this Web Site, please contact marketing_canada@arlafoods.com or trademarks@arlafoods.com.

3. Linking
Arla Foods may from time to time include links on this Web Site to other web sites or resources operated or maintained by third parties, including affiliates of Arla Foods. These links are provided for your convenience and Arla Foods is not responsible for the availability of such web sites or resources and does not endorse or accept responsibility for the content of such external web sites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of such external web sites. Your access and viewing of such web sites is conducted entirely at your own risk and you are strongly advised to check the terms of use and the privacy policies of these external web sites before entering or making use of them.

If you wish to create a link to this Web Site or to any other web site operated or maintained by Arla Foods please contact
marketing_canada@arlafoods.com. By so linking, you agree that Arla Foods may require the link to be removed if, in Arla Foods’ sole opinion, any aspect of the linking web site, its content or any other matter relating to the link is objectionable to Arla Foods.

4. Your Additional Obligations
You may not use this Web Site to perform any act that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, federal, or international law. In addition to the foregoing, you will not: (a) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (b) engage in any activities intended to withhold or cloak identity or contact information; (c) interfere with, disrupt, or harm in any way the servers or networks connected to this Web Site; (d) attempt to penetrate the security measures of this Web Site; or (e) engage in denial of service attacks, or take actions designed to impair network access by flooding this Web Site with useless traffic.
When you send to us any feedback, comments, suggestions or questions regarding any of our products or services or the content of this Web Site, you agree that, subject to compliance with applicable privacy laws, we shall be free to reproduce, use, disclose and distribute such information for any purpose without limitation. In particular, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques.

5. Disclaimers and Limitation of Liability
YOU AGREE THAT THIS WEB SITE AND ALL ARLA INTELLECTUAL PROPERTY ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND ARE FOR YOUR PERSONAL PRIVATE, INTERNAL AND NON-COMMERCIAL END-USE ONLY WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND. ARLA FOODS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, CONDTIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, AND REASONABLE ACCEPTABLE QUALITY. ARLA FOODS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR THE WEBSITE. ARLA FOODS IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN TRANSMISSION OVER THE INTERNET. ARLA FOODS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS.
YOUR ACCESS TO AND USE OF THIS WEB SITE OR ANY CONTENT CONTAINED OR DISPLAYED HEREON IS AT YOUR SOLE RISK. IN NO EVENT SHALL ARLA FOODS OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION OR CONCERNING ANY DECISION MADE, ACTION OR INACTION TAKEN IN RESPONSE TO, OR DETRIMENTAL RELIANCE UPON, THE CONTENT CONTAINED ON THE WEBSITE), HARM, INJURY, COST, EXPENSE OR OTHER LOSSES WHATSOEVER (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH: THIS WEB SITE OR YOUR USE HEREOF; ANY CONTENT OR ARLA INTELLECTUAL PROPERTY OR YOUR USE, DOWNLOADING OR DISTRIBUTION THEREOF; OR ANY LINK PROVIDED ON THIS WEB SITE. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM IN WHICH ANY ACTION IS BROUGHT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, EQUITY, UNDER STATUTE, WARRANTY OR OTHERWISE.

6. Governing Law
These Terms of Use and this Web Site are governed by and construed in accordance with the laws of the Province of Ontario, Canada. You hereby agree and confirm that your use of this Web Site and all of the communications, transmissions and transactions associated with this Web Site shall have occurred in the Province of Ontario, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, as the proper and most convenient forum concerning this Web Site. You shall not use this Web Site where, and to any extent, that such use is prohibited by law. Your use of this Web Site from any location is subject to your compliance with all applicable laws and regulations.

7. Indemnity
You agree to defend, indemnify, and hold harmless Arla Foods and its affiliates, and their respective directors, officers, employees, agents, licensors and other representatives, from and against any claim or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable attorney's fees), arising out of or relating to your browsing or use of this Web Site, any content you transmit to this Web Site, your violation of any rights of any person, or your breach of these Terms of Use.

8. Termination
Arla Foods reserves the right to terminate your access to this Web Site in its sole and absolute discretion, for any reason at any time, and without Arla Foods being liable to you or anyone else. Notwithstanding anything to the contrary in this paragraph, all of the disclaimers, limitations on liability, indemnifications and provisions in respect of intellectual property set out in these Terms of Use will survive any such termination.

9. Language
English shall be the language of this Web Site, and all contents, information and communication in connection with this Web Site, and Arla Foods and you each waive any right to use and rely upon any other language or translations. Il est la volonté express des parties que le présent Web Site et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.

10. General
If any provision of these Terms of Use is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be binding unless provided in writing nor shall any waiver be deemed a further or continuing waiver of such provision or any other provision. These Terms of Use together with the Web Site Privacy Statement constitute the entire agreement between Arla Foods and you with respect to your access to and use of this Web Site and supersede all prior or contemporaneous communications whether electronic, oral or written, between you and Arla Foods with respect to this Web Site.

These Terms of Use were last modified on July 24, 2008.
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