Terms and Conditions
Terms and Conditions
WEB SITE TERMS AND CONDITIONS — PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
By using this Web site, you accept and agree to these terms and conditions. If you do not agree, you should not use this site. As a condition of your use of this site, you represent and warrant that you will not use this site for any purpose that is unlawful, inappropriate or prohibited by these terms and conditions.
RESTRICTIONS ON USE
The materials on this site and any other World Wide Web site owned, operated, licensed or controlled by Smucker Foodservice Canada or any of its related, affiliated or subsidiary companies (together, “Smucker”) may not be copied, distributed, republished, uploaded, posted, linked or transmitted in any way without the prior written consent of Smucker Foodservice Canada. However, you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notice. Modification or use of the materials for any other purpose violates Smucker Foodservice Canada’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site, but remain with Smucker Foodservice Canada, who owns full and complete title to the material in this site. You may not frame the content of this site or incorporate its content into another Web site or other service. The contents of this site are Copyright ® 2005 Smucker Foodservice Canada. All rights reserved.
SUBMISSIONS
All comments, suggestions, remarks, ideas, graphics or other information communicated to Smucker Foodservice Canada through this site (together, the “Submission”), will forever be the property of Smucker Foodservice Canada. Smucker Foodservice Canada will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Smucker Foodservice Canada operations. Without limitation, Smucker Foodservice Canada will have the exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Smucker Foodservice Canada will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending a Submission. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law. You acknowledge that you are responsible for whatever material you submit, and you, not Smucker Foodservice Canada, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. You agree to indemnify Smucker Foodservice Canada against any and all damages, costs and expenses, including reasonable attorneys’ fees, which may arise out of claims relating to your use of this site or your Submission to this site, including but not limited to claims by third parties that your Submission violates their rights, and claims that your Submission contains obscenities or defamatory or offensive materials.
LIMITATION OF LIABILITY
SMUCKER WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. SMUCKER WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF DATA, LOSS OF USE OR LOSS OF GOODWILL, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE MATERIALS IN THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURY. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SMUCKER’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.
DISCLAIMER OF WARRANTIES
The material in this site may contain errors or inaccuracies. Smucker Foodservice Canada may make changes or improvements at any time without notice. Your use of this site is at your own risk.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SMUCKER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPETED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMUCKER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT SMUCKER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
TRADEMARKS
The trademarks, service marks and logos (together, the “Trademarks”) used in this site are registered and unregistered Trademarks of Smucker Foodservice Canada and others. Nothing in this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this site without the written permission of the Trademark owner. Smucker Foodservice Canada aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of Smucker Foodservice Canada’s trademarks and service marks requires proper acknowledgement.
LINKS TO OTHER WEB SITES
This site may contain links allowing you to leave this site for sites owned or operated by parties other than Smucker Foodservice Canada. Such links are provided solely for your convenience. Smucker Foodservice Canada does not control third party sites and is not responsible for such sites or their content. Smucker Foodservice Canada reserves the right to terminate any link or linking program at any time. Smucker Foodservice Canada’s inclusion of links to third party sites does not imply that Smucker Foodservice Canada reviews or endorses such sites or the material therein, and Smucker Foodservice Canada reserves the right to note as such on its site. If you access any third party site linked to this site, you do so at your own risk.
MISCELLANEOUS
This site is controlled by Smucker Foodservice Canada from its offices in Markham, Ontario. Smucker Foodservice Canada makes no representation that the materials in this site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If you access this site from other locations you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use or export or re-export the materials in this site or any copy or adaptation in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. By using this site, you agree that these terms and conditions will be governed by and construed in accordance with the laws of the province of Ontario, Canada, without giving effect to any conflicts of laws principles, and you consent to the exclusive jurisdiction and venue of the province of Ontario, Canada, for all disputes arising out of or relating to these terms and conditions or this site. This is the entire agreement between the parties relating to the use of this site. Smucker Foodservice Canada may revise these terms and conditions at any time by updating this posting. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Smucker Foodservice Canada’s products and services are available in many parts of Canada and the USA. However, the Smucker Foodservice Canada site may describe products and services that are not available where you are located.
SMUCKER FOODS OF CANADA CORP. IDEA SUBMISSION POLICY
Smucker Foodservice Canada always welcomes consumer feedback and appreciates your interest in sharing your thoughts with us. However, it is our Company policy not to accept or consider unsolicited ideas from outside the Company, including ideas for new or improved products or packaging, technologies, product names, or promotion or marketing strategies. Our research and technical staff continuously work to improve our products and methods and develop new products. The development process for new items may continue for several years before being introduced to our customers.
Should you submit an idea to our Company, despite our policy, we will treat the information as non-confidential and non-proprietary and our Company will be free to use the information for any purpose and will not be obligated to return or acknowledge receipt of your submitted information.