CONFECTIONERY MANUFACTURERS ASSOCIATION OF CANADA (CMAC)
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS") WHICH APPLY TO THIS CONFECTIONERY MANUFACTURERS ASSOCIATION OF CANADA ("CMAC", "WE", "OUR", OR "US") WEB SITE ("SITE") CAREFULLY. BY USING THIS SITE YOU ARE AGREEING TO ACCEPT THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
IF YOU ARE A CMAC MEMBER ORGANIZATION ("MEMBER") AND WISH TO GAIN ACCESS TO AND USE THE MEMBER-ONLY SECTION OF THE SITE ("MEMBER SITE"), YOU MUST INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS BY CLICKING THE "I ACCEPT" BUTTON BELOW PRIOR TO BEING ISSUED A LOGIN/PASSWORD FOR THE MEMBER SITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, CLICK ON THE "I DO NOT ACCEPT" BUTTON BELOW AND DO NOT PROCEED WITH THE MEMBER REGISTRATION PROCESS.
YOU SHOULD REVISIT THIS PAGE FROM TIME TO TIME AS YOUR USE OF THE SITE IS SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS POSTED ON THE SITE AT THE TIME OF SUCH USE.
Ownership of Rights and Limitation of Use
Provided that you comply with the Terms and Conditions herein, you have the right to use this Site to view, access or obtain such materials, services, and products as CMAC may make available from time to time (the "Service"). CMAC reserves the right to restrict, suspend or terminate your access to all or part of this Site and the Service, at any time for any reason, without prior notice or liability, and at CMAC's sole discretion, and you agree to destroy, upon request, any materials you have downloaded, printed or otherwise received from or through this Site.
All information, text, sound, photos, graphics, images, messages, or other materials on this Site ("Content") and all copyrights, trademarks and any other intellectual property rights related thereto are owned by CMAC or third parties. Except to the extent expressly permitted by applicable law, no Content may be used, copied, modified, translated, distributed or otherwise utilized without the prior permission of CMAC or the third party Content owner. You may not modify this Site itself, create derivative works from it, or use software that imposes an unreasonable burden or load on the technical infrastructure of this Site.
CMAC reserves the right to add, delete, or modify these Terms and Conditions, the Service or the Content at any time without notice.
Disclaimers of Warranties, Conditions and Representations
The Service and Content are provided "AS IS", without warranties, conditions or representations of any kind, either express or implied (including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement of third parties' rights), except to the extent that such warranties, conditions or representations cannot be legally excluded. CMAC does not warrant that the Service will be error-free. CMAC will use reasonable efforts to place accurate and up-to-date information on this Site, but makes no warranty of its accuracy, completeness, and/or currency.
Disclaimer of Links and Third Parties
Except for this Site, CMAC does not operate or maintain content on websites that are directly or indirectly linked from this Site ("Linked Sites"). Any reference to a Linked Site or to the product or service of a specific third party ("Third Party") on this Site or on a Linked Site is not a recommendation by CMAC. CMAC disclaims all liabilities resulting from access to or use of Linked Sites or Third Parties.
Limitation of Liability and Indemnification
To the maximum extent permitted by applicable law, CMAC will not be liable, under any circumstances, for direct, indirect, incidental, consequential, punitive, or other damages (including, but not limited to, economic losses, lost profits, or lost revenues; business interruptions; access delays or interruptions; data non-delivery, misdelivery, corruption, modification or destruction; computer failures or malfunctions; transmissions of computer viruses), arising out of the access to or use of, or the inability to gain access to or to use this Site, or the Linked Sites, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify and hold CMAC harmless for any loss, damages or costs resulting from any third party claim, demand or action arising from your access to or use of this Site.
Linking to this Site
Permission is granted to link to this Site, other than the Member Site, if you comply with the following linking policy: your site must not slander or damage CMAC or any CMAC members or contain inappropriate content; you may not portray us, our members, or our products or services in a misleading or derogatory way; you may not misrepresent your relationship with us; you may not create a frame around the Content or create any impression by any other method that the Content does not belong to CMAC or third party owners; you must use our name correctly. This permission terminates automatically if you breach any of these Terms and Conditions. Upon termination, you must remove any link. Please place your link in the following way: .
Communications from You to the Site
Except as specified in our Privacy Statement [INSERT HYPERLINK], all information and other content you send to the Site ("Communications") will be considered non-proprietary and non-confidential. CMAC shall have no obligations of any kind to you respecting your Communications and will be free to use them on an unrestricted basis for any purposes. You are prohibited from sending CMAC or any other user of the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other Communications that would violate any law or the rights of others under applicable law.
Additional Terms and Conditions for Members Only
CMAC Members may request access to the Member Site. Once a Member has agreed to these Terms and Conditions, and completed and submitted the online registration form, and CMAC has confirmed a Member's credentials, you will be provided with the requested login(s) and password(s) by e-mail. You agree to notify CMAC promptly of any changes to the information provided in your registration form. You are entirely responsible for maintaining the confidentiality of your login and password.
You agree to notify CMAC immediately of any unauthorized use of your login/password or changes to the information provided in your registration form. Until you notify CMAC, you are responsible for any and all activities that occur under your login/password.
CMAC will have the right, but not the obligation, to review Communications with the Member Site including submissions of material to the Member Site to determine that they comply with the Terms and Conditions and applicable laws or regulations. CMAC in its sole discretion may edit or delete any Communications posted to the Member Site. However, CMAC shall have no responsibility nor liability for the content of any Communications posted to the Member Site nor for any errors or violations of any laws.
Agreement
These Terms and Conditions constitute the complete and exclusive agreement between you and CMAC in relation to your use of this Site, and supersede and govern all prior proposals, agreements, or other communications. If any provision of the Terms and Conditions is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Disputes & Governing Law
You agree that the laws of the Province of Ontario, and the laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with this Site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters. This Site can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. You agree that if you access this Site from another jurisdiction, you are responsible for compliance with local laws, if applicable.
Language
The parties agree that this agreement and all related documents be written in the English language. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
Copyright © 2001 CMAC. All rights reserved. Last Modified November 2001
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