COVERAGE OF THIS POLICY AND AGREEMENT
These terms explain the policies that govern your access to and use of our Website, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.
By accessing or using our Website, you agree to these terms and policies (collectively the "Policy and Agreement"), as we may modify them from time to time. If you do not accept and agree to comply with this Policy and Agreement, do not access or use our Website. If you are under the age of majority in your province/territory of residence, your parent/legal guardian must agree to the terms of this Policy and Agreement on your behalf.
You may access and use our Website only for lawful purposes and consistent with our policies. Transmitting, distributing, or storing any material that violates any applicable law or our policies is prohibited. Make Good Community:
Certain features of this Website may permit you to upload, post or otherwise transmit content that you have created or comment on the Website or other Community member’s content, including without limitation, your username, as part of the Make Good Community (“User Content”).
a. You agree that you shall not use the Website to upload, post, or otherwise transmit through, or to, the Website any User Content that:
i. may, in the sole and absolute discretion of ACH Food, disparage, degrade, tarnish or deprecate ACH Food and/or the public image or standing in the community of ACH Food;
ii. is deemed, in the sole and absolute discretion of ACH Food, unlawful, libelous (including trade libelous), defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
iii. is deemed, in the sole and absolute discretion of ACH Food, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of ACH Food; any identifiable third party products, trade-marks, brands and/or logos, other than those of ACH Food; conduct or other activities in violation of this Policy and Agreement; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by ACH Food in its sole and absolute discretion;
iv. violates or encourages conduct that would be considered a violation of any local, provincial or federal law, either civil or criminal; offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); impersonating another user, person or entity, including any official or employee of ACH Food;
v. 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 age of majority in his/her jurisdiction of residence;
vi. infringes or might infringe the intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos, or give rise to any claims for payment whatsoever;
vii. contains any viruses, trojan horses, time bombs, zombies, worms, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or information;
viii. contains (in any format or media) any music, logos, trade-marks or copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.
b. You shall not use the Website to:
i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Website or any other ACH FOOD website;
ii. collect information about others without their consent; and/or
iii. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.
You agree that you shall not engage in prohibited or unauthorized use of the Website, including, but not limited to, misuse of passwords, or misuse of any information on the Website.
Certain portions of the Make Good Community may be password-protected and may require you to complete a registration process in order to obtain access or participate. When registering for the Make Good Community, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. In the event that you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your username and/or password and prevent you from using the Make Good Community, or any portion thereof.
You are responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of your username and password; and (c) all activities that occur under such username and password. It is your responsibility to keep your username and password confidential and secure. If your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify us at ACHConsumeraffairs@achfood.com. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your account.
Any communication or material you transmit to ACH Food through this Website, including, without limitation through User Content or by electronic mail or otherwise, including any data, recipes, questions, comments, ideas, suggestions, photos or the like (collectively a “Submission”) is, and will be treated as, non-confidential and non-proprietary. By providing a Submission, you: (i) grant to ACH Food 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 of the Submissions (in any format or media) that you provide; and (ii) waive all moral rights in and to all Submissions that you provide in favour of ACH Food. This means that, among other things, ACH Food has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever. For greater certainty, ACH Food is free to use any ideas, concepts, know-how, techniques or other information contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. ACH Food will not compensate you in any way for any such information, nor will the information be returned to you.
Without limiting the generality of the foregoing, you hereby grant to each user of the Make Good Community a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to share any and all User Content (in any format or media) that you provide through the Make Good Community via any share functionality that may be available on the Make Good Community.
USER WAIVER AND REPRESENTATION (RE: USER CONTENT)
By using the Make Good Community and/or providing User Content and/or providing a Submissions, you acknowledge, agree, warrant and represent to ACH Food that any and all User Content/Submissions (in any format or media) you post on, upload to or otherwise submit to ACH Food or through the Make Good Community:
a. is original to you and that you have obtained all necessary rights in and to the User Content/Submission and all of its components to post, upload, or otherwise submit it as described above; and
b. does not violate any law.
Without limiting the generality of the foregoing, you also acknowledge and agree that we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Content.
DISCLAIMER AND LIMITATION OF LIABILITY IN RESPECT OF USER CONTENT
COMMENTS OR OPINIONS EXPRESSED THROUGH THE MAKE GOOD COMMUNITY ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE MAKE GOOD COMMUNITY AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF ACH FOOD. ACH FOOD IS NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE MAKE GOOD COMMUNITY.
COPYRIGHT AND TRADEMARKS
The materials available through this Website are the property of ACH Food or its licensors, and are protected by copyright, trademark and other intellectual property laws. The trademarks and service marks that appear on this Website are the exclusive property of ACH Food or its licensors and no use or other rights are granted with respect to these trademarks without the express, written approval of ACH Food. Additionally, logos, trademarks and service marks of third parties may also appear on this Website, and such are the exclusive property of their respective owners and no use or other rights are granted with respect to these trademarks without the express, written approval of the trademark/service mark owner. You may view, copy and print pages from the Website only: (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices; (2) as a personal shopping resource; (3) for communicating with ACH Food about a company product or service; or (4) for placing an order with ACH Food. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Website without the prior written approval of ACH Food, with the express exclusion of any share functionality that may be made available as part of the Make Good Community.
LINKING TO THE WEBSITE AND CONTENT
To ensure that information regarding ACH Food products and services is communicated accurately to the public, please adhere to the following linking guidelines: You may not hyperlink to our Website or use any trademark, logo or other proprietary graphic appearing on this Website or that is owned by or licensed to ACH Food to link to the Website (or for any other purpose) without our prior written approval; ACH Food does not approve of any deep linking; ACH Food does not approve of inline linking or framing. Do not import content from the Website or link to images on servers on which the Website is hosted for the purpose of placing the content or images on any other web pages or sites; and ACH Food does not approve of remote or hot linking.
HEALTH RELATED INFORMATION
Information accessible on this Website is for information only and any health-related information that may be posted is not intended to be a substitute for professional medical advice. ACH Food does not endorse or warrant the validity of any such health-related statements found on this Website or in any in third party sites referenced in the Website. Information is general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites that are maintained by third parties over which ACH Food has no control. These links are provided for convenience only. Use of these links will cause you to leave this Website and use of third-party websites is entirely at your own risk. ACH Food makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. ACH Food does not sponsor or endorse the operators of the sites or the content, products or services they provide, and ACH Food is not responsible or liable for the conduct of the sites' operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.
WEBSITE SECURITY AND INTEGRITY
You may not violate the security of our Website in any way. Such violations may result in criminal or civil liability. ACH Food may, but is not obligated to, investigate any violation of our Website. ACH Food may cooperate with law enforcement where criminal or unauthorized activity is suspected. Examples of Website security violations include, without limitation:
Hacking: Unauthorized access to or use of our Website, data, or systems, including any attempt to probe, scan or test for vulnerability or to breach security or authentication measures without our express prior authorization;
Interception: Unauthorized monitoring of data or traffic on our Website or systems without our express prior authorization;
Intentional Interference: Interference with the ability of anyone else to use our Website;
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." ACH FOOD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. FURTHERMORE, ACH FOOD DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE CONTENT OR INFORMATION ON THIS WEBSITE AND/OR ITS FILES WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEB SITE-ACCESSING PROGRAM. ACH FOOD DOES NOT GUARANTEE THAT ITS WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH PROVINCES, THE LIABILITY OF ACH FOOD IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH PROVINCIAL LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ACH FOOD, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF THIS WEBSITE, INCLUDING THE MAKE GOOD COMMMUNITY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND (FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES) EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT YOU ARE ENTITLED TO DAMAGES FOR ANY CLAIM ARISING FROM THE USE OF THIS WEBSITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF ACH FOOD WILL NOT EXCEED THE GREATER OF AMOUNT YOU SPECIFICALLY PAID TO ACCESS THIS WEBSITE OR $100.00. BECAUSE SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH PROVINCES, THE LIABILITY OF ACH FOOD IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH PROVINCIAL LAW.
You agree to indemnify, defend and hold harmless ACH Food from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website, including through the Make Good Community; (5) your use of our Website, including the Make Good Community; or (6) any of your acts or omissions.
This Policy and Agreement is governed by and must be construed under the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. By offering this Website and its contents, no solicitation is made by ACH Food to any person or entity to access and/or use this Website and its contents in jurisdictions where the provision of such Website and/or its contents is/are prohibited by law. If you elect to access, browse and/or use this Website and its contents from outside of Canada, you do so on your own initiative and you are responsible for compliance with local laws.
MODIFICATION AND TERMINATION
We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on this Website. You agree to the Policy and Agreement, including any modifications, by accessing or using our Website. We may also terminate your access to this Website or the Make Good Community at any time and for any reason, with or without notice.
Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. ACH Food may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
QUESTIONS AND COMMENTS
We invite you to send in your questions or comments about our site, bring to our attention any material you believe to be inaccurate, or report any violations of this Policy. Please send your comments, including a copy of any material you wish to discuss, to ACHConsumeraffairs@achfood.com