Terms of Use

Website Terms of Use

Access to and use of this website (the "Website") is subject to the following terms and conditions (the "Terms of Use") which by accessing or browsing this Website you, the user, accept without limitation. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately.

Ownership

This Website is owned and operated by Canada Dry Mott's Inc. ("CDMI"). All works (including but not limited to data, graphics, photographs, text, images, audio, video, trade-marks, service marks, trade names and other information) (collectively, the "Content") contained in this Website are owned or used under license by CDMI, its parent company, subsidiaries or affiliates, and/or their respective licensors.

 

Restrictions on Use

Any and all Content contained in this Website may not be copied, distributed, displayed, reproduced, transmitted, used to create derivative works, published, posted, transferred, sold or modified by any means, including electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of CDMI or the applicable licensor(s), except for personal, non-commercial use. Use of third parties' likenesses, names and/or properties is prohibited without express written permission from such third parties.

 

Links

The information on this Website is for entertainment purposes only. A link to a third party website does not constitute endorsement of that website or of any products, services or other materials on that website. CDMI disclaims any representations and warranties, express or implied, in connection with the contents or use of any third party websites. CDMI does not assume any liability or responsibility whatsoever for their contents. You should review the privacy policies and terms of use of third party websites, as CDMI is not responsible for them.

 

Interactive Content and User Conduct

Certain features and/or portions of the Website may permit you to upload, post or otherwise transmit content that you have created (the “User Content”). By using the Website and providing User Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby acknowledge, agree, warrant and represent to CDMI that any and all User Content (in any format or media) you post on, upload to or otherwise submit to or through, the Website:

  1. is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Website; and
  2. does not violate any law; and
  3. complies with these Terms of Use.

 

You hereby agree that you shall not use the Website to upload, post, communicate or otherwise submit or transmit through, or to the Website any User Content that:

  1. may, in the sole and absolute discretion of CDMI, degrade, tarnish, disparage, or deprecate CDMI, its parent company, subsidiaries or affiliates, and/or any of their products or services, including without limitation any Website and/or the public image or standing in the community of CDMI, its parent company, subsidiaries or affiliates;
  2. is deemed, in the sole and absolute discretion of CDMI, to be defamatory, trade libelous, pornographic or obscene;

iii.  is deemed, in the sole and absolute discretion of CDMI, to contain, depict, include, discuss or involve, without limitation, any content that is or could be considered inappropriate, unsuitable or offensive, all as determined by CDMI in its sole and absolute discretion;

  1. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence;
  2. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of other persons or entities, or give rise to any claims whatsoever;
  3. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or

vii. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (including, but not limited to, photographs, pictures, texts and lyrics) unless you have first obtained all necessary consents and permissions from the owner or owners of such materials.

 

CDMI may from time to time monitor or review User Content, postings, transmissions, and the like on this Website. However, CDMI does not have any obligation to do so and assumes no responsibility or liability arising from any User Content, other content or viruses transmitted through the Website. User Content, postings or transmission of any virus, or any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane material or any material that could constitute or encourage a violation of any law, is prohibited. CDMI reserves the right in its sole and absolute discretion, to modify, edit or remove any User Content, or other materials, if it is deemed to be in violation of these Terms of Use, or any applicable law or regulation, as may be determined by CDMI in its sole and absolute discretion, or for any other reason.

 

Any postings or other transmissions to this Website will be deemed as non-confidential.  By using a Website and providing User Content, you hereby: (i) grant to CDMI, its parent company, subsidiaries and affiliates a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Website; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Website in favour of CDMI, its parent company, subsidiaries and affiliates and anyone authorized by such parties to reproduce or otherwise use such materials.

 

Any personal information contained in User Content, a posting or transmission will be collected, used and disclosed by CDMI in accordance with CDMI's Privacy Policy.

 

CDMI may cancel any of your registration(s) on this Website at any time, without notice or liability, in the event of production or other unanticipated problems, irregularities or technical corruptions, including a virus or other technical problem.

 

As a condition of your continued access to and use of this Website, you agree to abide by the Terms of Use and all applicable federal, provincial, territorial and other laws and regulations.

 

Disclaimer

CDMI makes efforts to ensure that the contents of this Website that are posted by CDMI are reliable, but inaccuracies may occur from time to time. CDMI disclaims any representations and warranties, express or implied, in connection with the contents or use of this Website.

 

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Limitation of Liability

To the maximum extent permitted by the applicable laws, CDMI its parent company, subsidiaries or affiliates shall not be liable for any direct, indirect, special, incidental or consequential damages, whether in contract (including fundamental breach), tort (including negligence) or otherwise, that may arise as a result of the use of, or any information contained on, this Website or for any faulty electronic data submission, equipment failure or other online communication problems, including download problems and viruses. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, CDMI, ITS PARENT COMPANY, SUBSIDIARIES AND AFFILIATES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE.

 

Indemnification

By using or making any submissions to this Website, you agree to indemnify, defend and hold harmless CDMI, its parent, subsidiaries and affiliates and CDMI's promotional partners from all damages, costs and expenses, including reasonable lawyer's fees and costs arising out of all claims, challenges or actions related to your use or submissions, including, without limitation, claims for infringement of intellectual property rights, libel, defamation or any breach of these Terms of Use. You agree to use best efforts to cooperate with CDMI in the defense of any claim. CDMI reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

Changes and Termination

CDMI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof without notice. Further, CDMI reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from CDMI to you for being so bound.

 

Privacy

CDMI respects your right to privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

 

Governing Law

For users who are not individuals resident in the province of Quebec, these Terms of Use shall be governed by and construed in accordance with the laws of Ontario and Canada applicable therein. To the maximum extent permitted by the applicable laws, any legal action concerning these Terms of Use must be brought within one (1) year after the claim or cause of action arises and must be brought in the Province of Ontario.

 

For users who are individuals resident in Quebec, these Terms of Use shall be governed by and construed in accordance with the laws of Quebec and Canada applicable therein. To the maximum extent permitted by the applicable laws, any legal action concerning these Terms of Use must be brought within one (1) year after the claim or cause of action arises and must be brought in the Province of Quebec.

 

If you have any questions or comments regarding this Website, please contact us at 1-800-263-1425 or e-mail us at canadadryrnotts.ca/contact.