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TERMS AND CONDITIONS FOR USE OF THIS SITE
Effective Date: December 12, 2005
Introduction
These terms and conditions ("Terms and Conditions") govern the use of the websites (individually and collectively, "Site") provided by George Weston Bakeries ("GWB"). As used herein, "You" and "Your" refers to any individual, company or legal entity that accesses or otherwise uses the Site. Your access and/or use of this Site and or any services available through the Site ("Services") signifies that You agree to be bound by these Terms and Conditions in effect at the time You use the Site and that You consent to the privacy policy of this Site (the "Privacy Policy"). If You do not agree with these Terms and Conditions or the Privacy Policy, You should immediately cease use of the Site and the Services and cease use of the all information and materials You have obtained through the Site and/or the Services.
Use of Site and Site Material
Except as expressly stated therein, this Site is provided for Your personal noncommercial use and You may not copy material from this Site for commercial use. You may copy material in limited quantities from this Site for Your personal noncommercial use, provided that any copyright notice shall not be removed from the copied material. GWB reserves the right to terminate at any time Your right to make personal copies of material from this Site.
You agree not to tamper with the software or functionality of the Site and Services and not to introduce any material into the Site or the Services that contains any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming viruses that may damage, interfere with, intercept or expropriate any system, data or information. You may not take any action which imposes an unreasonable or disproportionately large load on GWB's infrastructure, including, but not limited to, "spam" or other such unsolicited mass e-mailing techniques. You are responsible for taking all reasonable precautions necessary to ensure the security and integrity of Your system.
You are prohibited from using this Site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct. GWB may from time to time monitor or review material transmitted or posted using this Site and reserves the right to delete any material GWB deems inappropriate in its discretion. GWB is, however, under no obligation to monitor or review such material and assumes no responsibility or liability arising from such material.
You may not take any action, or omit to take any reasonable action, which would constitute an invasion of privacy or other violation of proprietary rights of any other user of the Site or Services in any applicable jurisdiction. Use or distribution of tools designed for compromising privacy or security is strictly prohibited.
Ownership of Intellectual Property
GWB owns the copyrights to all material and the trademarks, service marks, and trade dress (collectively referred to as "Intellectual Property") displayed on and from this Site, or has licensed the use of the Intellectual Property on the Site from third party owners thereof. Notwithstanding any other term or condition in this agreement, GWB and its licensors retain ownership to all Intellectual Property on this Site and all material on and from this Site. Nothing on this Site should be construed as a license to use the Intellectual Property. Your use of the Intellectual Property on this Site is strictly prohibited and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of GWB or its licensors. All rights reserved.
Disclaimer of Warranty and Limitation of Liability
Your use of this Site and material from this Site is at Your own risk.
GWB strives to provide accurate and up-to-date material on this Site. However, GWB makes no warranties or representations as to the accuracy or timeliness of the material provided on this Site. GWB assumes no liability or responsibility for any errors or omissions on this Site.
NEITHER GWB, ANY OF ITS AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR THE SERVICES IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GWB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE, THE SERVICES, OR ANY MATERIAL FROM THIS SITE OR THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, THIS SITE, THE SERVICES, AND THE MATERIAL PROVIDED ON THIS SITE OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so this statement may not apply to You.
GWB assumes no liability or responsibility for any damage to You, Your computer, or Your other property, due to Your access to, use of, or downloading of this Site or any materials provided on this Site or through the Services.
Links
GWB does not endorse any third party websites not under the control or operation of GWB, has not reviewed any or all such websites that may be linked to this Site and is not responsible for any such websites linked to this Site or any content thereof or services provided through such websites. Your use of the links to any third party websites on this Site is at Your own risk. By linking to a third party website or permitting a link from a third party website to this Site, GWB does not endorse the site operator or the content of the linked third party website.
United States Only
Unless otherwise specified, this Site and material provided on this Site are solely for promoting products, programs, and business operations within the United States. Software and other materials from this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. GWB prohibits Your downloading or exporting of software or other material from this Site in violation of U.S. Export Laws and the laws of Your resident country. By downloading software or other material from this Site, You represent and warrant that You are able to do so in full compliance with the laws of the United States and Your resident country.
Idea Submission/Use of Information
GWB does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should You ignore this policy and submit an idea to GWB, You agree that the idea becomes and remains the sole and exclusive property of GWB without further liability or compensation to You.
If You respond to GWB with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, but excluding Your personal information, such information shall not be deemed confidential. All such submissions shall be deemed the property of GWB, and Your submission of information shall constitute an assignment to GWB of all worldwide rights, titles, and interests in such information. GWB will not be liable for any use or disclosure of such information. Except for Your Personal Information which is subject to the Privacy Policy, GWB will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. GWB will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
GWB welcomes Your comments and suggestions about this Site, the Services, and GWB's products, but GWB does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information, You warrant that GWB may publish such information, use it as part of its operations, and incorporate its concepts in GWB products without liability or compensation to You.
Applicable Law
Any dispute arising out of Your use of this Site or material from this Site shall be resolved according to the laws of the State of New York, United States of America, without giving effect to that state's principles of conflicts of laws. The federal and state courts of the State of New York shall have exclusive jurisdiction over all claims.
Miscellaneous
Termination. Your access may be terminated at any time and for any reason or for no reason by GWB. You shall have no recourse and GWB shall have no liability with respect to any such termination. All provisions of these Terms and Conditions relating to warranties, confidentiality obligations, proprietary rights, limitation of liability and indemnification obligations shall survive the termination or expiration hereof.
Modification. GWB may modify these Terms and Conditions at any time. The amended terms will be effective upon posting on the Site. Your continued use of the Site and/or the Services constitutes Your assent to such amended terms and Your agreement to be bound thereby. GWB may, but is under no obligation to, provide You notice of such modifications to these Terms and Conditions via email or other communication.
Any questions regarding these Terms and Conditions should be directed to the GWB Webmaster: webmaster@gwbakeries.com.
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PRIVACY POLICY
Effective Date: December 12, 2005
This Privacy Policy sets forth the privacy policy applicable to information collected through all sites ("Site" or "Sites") of George Weston Bakeries ("GWB"). As used herein, "You" and "Your" refers to any individual, company or legal entity that accesses or otherwise uses the Sites. By using any Site, You are consenting to the terms set forth in this Privacy Policy in effect at the time You use the Site. For other terms and conditions that apply to Your use of the Sites, please review our Terms and Conditions.
In this Privacy Policy, "Personal Information" means any information by which You can be personally identified, and includes Your name, Your address, Your telephone number and Your e-mail address. Most Sites do not require that You submit Personal Information to GWB. However, some Sites may request Personal Information in order to help GWB serve You more effectively. GWB collects Personal Information from You only when You voluntarily submit such Personal Information to GWB and only (1) in connection with additional information requests or suggestions submitted by You, (2) during voluntary registration by You, (3) during certain special promotions, contests or survey registrations, and (4) in connection with information entered by You as part of a purchase, product inquiry or other input process.
It is the policy of GWB not to collect or accept Personal Information from children under the age of thirteen (13). For more information on our policy relating to children under the age of thirteen (13), see "Children's Privacy Policy" section below.
You can review and update Your Personal Information by visiting GWB's "Stay In Touch" website and logging into Your account.
For each visitor to a Site, GWB's web servers automatically recognize information regarding the visitor's domain name (or that of the visitor's access provider). GWB's traffic monitoring software tracks the number of times the Site is hit, how many visitors come to the Site, and which parts of the Site they frequent. GWB does not retain the addresses collected by the program, nor does it disclose them to anyone outside of GWB. GWB's web site logs are not personally identifiable, and GWB makes no attempt to link them with individuals who actually browse the Site.
GWB's Site also uses cookies to facilitate Your use of the Site. When You choose to accept a cookie, a small text file will be created on Your computer's hard drive that gives you a unique, random ID. This ID enables the Site to readily recognize You on a subsequent visit to the Site. For example, a cookie may indicate the preferences selected by You on a prior visit and facilitate more efficient browsing on subsequent visits. Site users always have the option of not accepting cookies. GWB's cookies do not contain personally identifiable information. You are free to change Your web browser to prevent the acceptance of cookies. However, such refusal of cookies may limit Your ability to access the full functionality of the Site.
Regardless of the purpose for which Personal Information is submitted, it is GWB's policy to maintain all Personal Information as confidential and to use such Personal Information only for the following purposes:
- to contact you in response to your inquiries, comments and suggestions;
- to contact you otherwise when necessary;
- for the specific purpose for which it was volunteered (for example, to receive notice from us, etc.);
- to track our visitors' use of the Site for internal market research;
- to improve the Site and the services GWB promotes or provides through the Site;
- to customize the content and/or layout of our Site for each individual visitor;
- to ask for Your participation in brief surveys;
- to complete any purchases or other transactions you may perform at the Site;
- to notify visitors about updates to the Sites or Services;
- to notify You about promotions, special offers, etc., regarding products and services provided by GWB or its affiliates or partners;
- to be provided to GWB affiliates or third parties in connection with the legitimate business purposes of GWB or the Site;
- to be provided to third parties for the legitimate business purposes of those third parties;
- to generate aggregate statistical studies;
- as required by law or regulation, or as requested by government authorities;
- in connection with an acquisition, merger, sale or other transfer of all or substantially all of the business associated with the Site; and
- for other legitimate business purposes of GWB or the Site.
We will not, however, disclose Your Personal Information to any GWB affiliate or third party unless you have specifically agreed to such disclosure at the time Your Personal Information was submitted. Unless You have otherwise expressly consented, any information provided to GWB affiliates or third parties will be in an aggregate, anonymous format.
If the Sites contain links, the linked sites are controlled by and maintained by independent third parties. GWB does not control use of information provided to third parties and all such information will be governed by the third party's privacy policy.
We have reasonable and appropriate security measures in place to protect the loss, misuse and alternation of all Personal Information under our control. Please be advised, however, that while we strive to protect Your Personal Information and privacy, we cannot guarantee or warrant the security of any information You disclose or transmit to us online and cannot be responsible for the theft, destruction or inadvertent disclosure of your Personal Information.
GWB reserves the right, at its discretion, to change, modify, add or remove portions of this Privacy Policy from time to time. The amended Privacy Policy will be effective upon posting on the Site. Your continued use of the Site and/or the services on the Site constitutes Your assent to such amended Privacy Policy and Your agreement to be bound thereby. GWB may, but is under no obligation to, provide You notice of such modifications to this Privacy Policy via email or other communication.
Children's Privacy Policy
We have devoted a portion of the Site to provide certain features and information that we think may be fun and useful for children. We do not require any children under the age of 13 to provide any Personal Information to use these features and access such information. For those features of the Site for which we do require Personal Information, we do not knowingly permit children under the age of 13 to submit Personal Information to us, and we do not knowingly collect or maintain Personal Information from such children. However, if a child under the age of 13 submits a question to us on the Site and identifies his or her age, we may use the child's e-mail address for the sole purpose of responding to the child's question on a one-time-only basis; we will not use the child's e-mail address to contact the child again and we will delete it from our records once we have responded.
Any questions regarding this Privacy Policy should be directed to the GWB Webmaster: webmaster@gwbakeries.com.
For California residents only - Your California Privacy Rights:
GWB will not disclose Your Personal Information to GWB affiliates or third parties for direct marketing purposes unless You have agreed to that disclosure. This choice will be provided to You through the Site at the time You are requested to enter Your Personal Information. In addition, you can exercise Your choice of preventing us from disclosing Your Personal Information to any GWB affiliates or third parties by sending an e-mail to webmaster@gwbakeries.com.
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