WEB SITE TERMS AND CONDITIONS OF USE – PLEASE READ CAREFULLY
Last modified: July 16, 2012
This site is maintained by B&G Foods Canada, ULC (“B&G Foods Canada”). We hope you will enjoy this site. Our lawyers have asked us to communicate a few key points (Terms & Conditions) to you. They are listed below, and by accessing this web site you are, in effect, agreeing to the following Terms & Conditions.
Copyright, Trademark, and Related Issues:
The copyright to the contents of this site is owned by B&G Foods Canada, its affiliates or other third parties who have licensed its use to B&G Foods Canada or its affiliates. Users may download material from this site for their own personal, non-commercial use only, and provided all copyright notices are kept intact. Any other copying, redistributing, or publishing of any part of this site in any manner is prohibited, unless expressly permitted herein.
Any non-personal information, communications or material you submit to B&G Foods Canada at this site or by e-mail is non-confidential and non-proprietary and will become the property of B&G Foods Canada. B&G Foods Canada is free to use and reproduce such information freely, and for any purpose. Specifically, B&G Foods Canada is free to use any ideas, concepts, formulas or recipes contained in any such communication for any purpose whatsoever, including developing, manufacturing, advertising and marketing products. Any such use is without compensation to the party submitting information. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory, and that B&G Foods Canada’s use will not violate any third party’s rights. B&G Foods Canada is under no obligation to use the information submitted.
The trademarks, logos, characters and service marks (collectively, “Trademarks”) displayed on the site are owned or used under license by B&G Foods Canada. Nothing contained on this site should be construed as granting any license or right to use any Trademark displayed on this site. Your use/misuse of the Trademarks displayed on this site, or any other content on this site, except as provided in these Terms & Conditions, is strictly prohibited. You are also advised that B&G Foods Canada will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
B&G Foods Canada is not obliged but reserves the right to monitor some, all, or no areas of this site from time to time: (i) to verify adherence to the Terms & Conditions or any other rules, codes of conduct or guidelines posted by B&G Foods Canada in relation to the site; or (ii) as required by law. B&G Foods Canada reserves the right, in its sole discretion, to reject, refuse to post, remove or block access to any general content that is available via or on the site at any time, without notice and without liability.
Privacy Policy:
By accessing this site you acknowledge that you have read, and signify acceptance of, the Privacy Policy and consent to the use of your personal information as described in the Privacy Policy.
Subject to the Privacy Policy, B&G Foods Canada reserves the right to access, use, disclose and destroy all registration data or other data relating to how users and registered users use the site and general content.
B&G Foods Canada reserves the right to communicate with you regarding your use of the site. You consent to B&G Foods Canada’s use of any contact information that you provide to B&G Foods Canada in doing so. The content included in any such communication is deemed to be general content made available on the site by B&G Foods Canada.
Linking:
This web site may contain links to other web sites. These links are to companies or organizations we believe you may have an interest in. B&G Foods Canada is not responsible for the content of any other site or for ongoing review of other sites. Please be mindful of this as you link to other sites.
In general, B&G Foods Canada does not object to links to this web site from third party sites. However, you must abide by the following rules:
Unless we have a written agreement with you, you may not use any of B&G Foods Canada’s or its affiliates’ trademarks, logos or slogans in or with your links, except that you may link to this site using the plain text name of the site. Do not present the link to this site in any way that suggests B&G Foods Canada has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with B&G Foods Canada to do so. Link only to the home page of this site. Do not, without B&G Foods Canada’s written permission: (a) incorporate any content from this site into your site (e.g., by in-lining or framing); (b) use any B&G Foods Canada names, trademarks, slogans, or any other words or codes identifying B&G Foods Canada web sites in any “metatag” or other information used by search engines or other information location tools to identify and select sites. B&G Foods Canada will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful site, or any site that may adversely affect the name, reputation and goodwill of B&G Foods Canada and its products. B&G Foods Canada reserves the right to cancel permission to link at any time, for any reason.
Signing Up for Newsletters, Recipes or other Activities:
When signing up to access certain features of this web site or participate in certain activities run via this site, you represent and warrant that any information you provide about yourself is true and that you will maintain and promptly update such information to keep it true and current.
If you are given a username and/or a password for the purpose of accessing certain features of this site or participating in certain activities run via this site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform B&G Foods Canada immediately.
B&G Foods Canada may, at any time, change any username or password assigned by B&G Foods Canada to you, and B&G Foods Canada will notify you when it does so.
If B&G Foods Canada believes that you have breached the Terms & Conditions, B&G Foods Canada reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this web site and terminate any licenses granted to you pursuant to the Terms & Conditions without prior notice and without any liability to B&G Foods Canada.
Jurisdictional Issues:
B&G Foods Canada’s websites are intended for use by residents of Canada only. Unless otherwise specified, the materials on our sites are presented to provide you information about B&G Foods Canada and its products. We in no way imply that the materials on our sites are appropriate for use outside of Canada. If you use our sites from locations outside of Canada, you are responsible for compliance with any applicable local laws.
Any dispute arising out of or relating to your use of our sites will be governed by the laws of the Province of Ontario and the applicable federal laws of Canada (without applying conflict of laws principles). If a court of competent jurisdiction determines that any provision of these Terms & Conditions is invalid or unenforceable, that determination will not affect the validity or enforceability of any other provision.
These Terms & Conditions, together with the Privacy Policy and any other legal notices published by B&G Foods Canada on our websites, shall constitute the entire agreement between you and B&G Foods Canada with respect to our websites.
Indemnity:
You agree to indemnify and hold harmless B&G Foods Canada, its affiliates and their respective officers, directors, employees and agents from and against any and all claims, losses and expenses, including attorney’s fees, arising from or relating to your use or misuse of the site or any general content, or from any person’s use of any account or password you maintain in relation to the site, regardless of whether such use is authorized by you, or from any breach by you of any of the Terms & Conditions.
Limitation of Liability:
Your use of and browsing on this web site are at your own risk. Neither B&G Foods Canada nor any other party involved in creating, producing or delivering this web site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this web site. Without limiting the foregoing, everything on this site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws. B&G Foods Canada assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this web site.
Revisions to Terms & Conditions:
B&G Foods Canada may revise these Terms & Conditions at any time by updating this posting.
B&G Foods Canada may, but is not obligated to, ask you to actively confirm your agreement with any revised Terms & Conditions. If B&G Foods Canada does not do so, but you continue to participate after the changes come into effect, you will be deemed to have agreed to abide by the revised Terms & Conditions. If you do not agree with the revised Terms & Conditions without qualification, you must terminate your participation and stop using the site.
