Access to and use of this website (the “Website”) is subject to the following terms and conditions (the “Terms of Use”) which by accessing and 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 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 or 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:

• 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
• does not violate any law; and
• 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:

• 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;
• is deemed, in the sole and absolute discretion of CDMI, to be defamatory, trade libelous, pornographic or obscene;
• 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;
• 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;
• 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;
• 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
• 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 defence of any claim. CDMI reserves the right, at your expense, to assume the exclusive defence 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:
canadadrymotts.ca/contact

Canada Dry Mott’s Inc. (“CDMI”) is committed to safeguarding the personal information you provide us, and respecting your right to privacy. As part of this commitment, we want you to be fully aware of what happens to the personal information we collect through your use of www.canadadry.ca (the “Website”).

Accordingly, this Privacy Policy sets out the manner in which we collect, use, disclose and otherwise manage your personal information.

By using the Website, or by choosing to submit personal information to CDMI, you signify your consent to all of the terms of this Privacy Policy. If you do not agree with any terms of this Privacy Policy, please do not use this Website or submit any personal information to CDMI.

Collection of Personal Information

Personal information is information about an identifiable individual, such as your name, address, telephone number, or email address. CDMI may collect the personal information you provide us when you:

• Register on the Website;
• Enter into a contest or sweepstakes;
• Request our e-mail communications;
• Provide us with comments or suggestions; or
• Participate in another feature of the Website, such as a bulletin board; or
• Otherwise provide us with personal information

When you register on the Website, enter a contest or sweepstakes, or participate in other features of our Website, we may collect personal information from you such as your name, age, address, telephone number and e-mail address, and password.

We also may automatically collect general anonymous information related to your use of our Website, such as the date and time you visit the Website and the pages you visit on the Website as well as collecting “cookie” information from your browser to identify your computer and provide us with a record of your visits to our Website (collectively, “Usage Data”). The technology used to gather “cookie” information is provided by the Internet browser you use, and may be turned off by using your browser preference buttons.

Privacy of Children

CDMI does not intend to collect the personal information of children under thirteen on its Website. If a child has provided us with personal information, his or her parent or guardian may contact us using the contact information below for the purpose of deleting this information.

Use of Personal Information

CDMI may use the personal information that you provide to us for such purposes as administering your participation in our contests, sweepstakes or other promotional offerings on the Website, responding to your requests, improving our products, services and Website, maintaining aggregate information on Website use for research and marketing purposes, and communicating with you (e.g. providing you with e-mails, newsletters, special offers or services, or other information you have agreed to receive), to carry out other purposes that are disclosed to you and to which you consent, or to carry out any other purpose permitted or required by law.

The Usage Data helps us to understand how our Website is used (e.g. which pages or sections are most popular and when the peak activity times occur) and to assist us in planning for future improvements to the Website to better meet our visitors’ needs.

Disclosure of Personal Information

Except as expressly set out in this Privacy Policy, we will not sell any of your personal information to any third party without your consent. We reserve the right to transfer any personal information we have about you in the event that we merge with or are acquired by a third party or should any such transaction be proposed.

CDMI shares your personal information on a confidential basis with third party service providers that we have retained to perform work on our behalf. These service providers are not authorized to use or disclose this information for any purpose other than to perform services on our behalf.

CDMI may disclose account and other personal information when we believe the disclosure is appropriate to comply with applicable law; enforce or apply the Terms of Use or protect the rights, property, or safety of CDMI, our users or others. We may be required to provide your personal information in response to a search warrant or other legally valid enquiry or order to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by law. We may also disclose your personal information for any other purpose to which you consent.

Third Party Links

The Website may include links to third party websites. These linked sites have separate and independent privacy policies. We have no control over such sites and therefore have no responsibility or liability for the manner in which the organizations who operate such linked sites may collect, use or disclose and otherwise treat your personal information.

Security of Personal Information

We will maintain your personal information in secure data storage to help safeguard it from unauthorized access, use or disclosure. We will maintain the strict confidentiality of all personal information collected, and will only disclose such information to employees and third party service providers who require such information for the purposes set out above or such other purposes as may be permitted or required by the applicable law. Personal Information we collect is maintained in the State of Illinois, United States of America.

We will only keep your personal information for as long as it remains necessary or relevant for the purposes stated above or as otherwise required by law.

Although we have taken measures to help protect our Website, computer systems and any personal information that we have collected from unauthorized use, access, disclosure, misuse, alteration or destruction, no security measures can provide absolute protection. We cannot ensure or warrant the security of any information you provide to us.

Some or all of the personal information we collect may be stored or processed on servers located outside your jurisdiction of residence, including in the United States, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.

Access and Rectification

You have a right to request access to your personal information and to request a correction to it if you believe it is inaccurate. If you have submitted personal information to CDMI and would like to have access to it, or if you would like to have it removed or corrected, please contact us using the contact information provided below. We will use reasonable efforts to comply with your request; however, in some cases we may not be able to allow you to access certain personal information in certain circumstances, for example if it contains personal information of other persons, or for legal reasons. In such cases, we will provide you with an explanation of why it is not possible to grant access to your personal information.

Changes to Privacy Policy

We may change information on the Website and/or this Privacy Policy, at any time. We will reflect modifications to this Privacy Policy on our Website and will indicate the date this Privacy Policy was last amended. Changes will be effective immediately upon the posting of the revised Privacy Policy. Your continued access to and/or use of the Site, or provision of personal information to us after any such changes constitute your acceptance of this Privacy Policy, as revised. We encourage you to review this Privacy Policy whenever you visit the Website so that you know what personal information we collect, how we use it, and with whom we may share it.

How to Contact Us

If you would like to withdraw your consent for the collection, use and/or disclosure of your personal information, or correct any of your personal information we have in our possession, or if you have any inquiries or comments about this Privacy Policy, please contact our Director of Marketing at 30 Eglinton Av. West, suite 600, Mississauga ON, L5R 3E7 or you can contact us at 1-800-263-1425 or e-mail us at canadadrymotts.ca/contact.