Legal Notice

Legal Notice

Effective September 12, 2018

Introduction

This website is owned and provided by Redpath Sugar Ltd. (“Redpath”). This site is for your personal and non-commercial use. Your access to and use of this site, or any other website owned or provided by Redpath and/or any of its related, affiliated, or subsidiary companies (together “Company”) is subject to the following terms and conditions enumerated below (“Terms and Conditions”) and all applicable laws. By accessing and browsing this site or any other website owned or provided by Company, you automatically accept, without limitation or qualification, these Terms and Conditions. Please read the important Terms and Conditions below if you are planning to copy, download, forward, store, or reuse any of the information on this site. If you are using this site for more than your own personal information, education or enjoyment, you could be violating the law. Redpath may revise these Terms at any time by updating this page. You should check the Site from time to time to review the current Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms on particular pages on the Site.

Submission:

All remarks, suggestions, ideas, graphics or other information communicated to Company through this site will become the property of Company, even if this agreement is later terminated. Company shall have no obligation to treat any submission as confidential and will not be liable for any ideas for its businesses, including but not limited to product or advertising ideas, and will not incur any liability as a result of any similarities that may appear in future Company operations. Company retains exclusive ownership of all present and future rights to submissions of every kind and will be entitled to use any submission for any commercial or other purpose whatsoever without compensating you or any other person sending the submission. You acknowledge that you are responsible for any submission you make and that you, and not Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality, copyright and non-infringement.

 

POSTING

Although Redpath may from time to time monitor or review discussions, postings, transmissions, bulletin boards, and the like on this Site (Postings), we are under no obligation to do so and assume no responsibility or liability arising from the content of any such Posting or Submission, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings or Submissions on this Site.

You are prohibited from posting or transmitting to or from the Site any material that is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, profane, in breach of confidence or privacy, which may cause annoyance or inconvenience, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law, or infringe the rights of any third party, in any country in the world; for which you have not obtained all necessary licenses and/or approvals; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).Redpath will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. Redpath may in its absolute discretion remove Postings and Submissions at any time, and for any reason.

Intellectual Property:

All material from the site, and from any other website owned, operated, licensed or controlled by Company, may not be copied, distributed or republished, displayed, licensed, sold, modified, reused, uploaded, posted or transmitted in any way, without the prior written consent of Company except as provided below. You may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices contained on the materials. Modification or use of materials for any other purpose violates Company’s intellectual property rights. Software downloaded, including the files and images incorporated in or generated by the software and all accompanying data, is licensed to you for your personal, non-commercial use and may not be redistributed, sold, reverse-engineered, disassembled or otherwise converted to any other form.

Linking:

The Site may contain links allowing you to leave this Site for other sites that are not under the control of Redpath. We have not reviewed all the websites linked to this Site and are not responsible for the content of any other websites linked to this Site. Your linking to any other website is at your own risk, and Redpath shall not be liable for any damages or injury arising from access to, or use of, such sites. Please be mindful of this as you link to other outside websites.

Redpath does not object to links to our Site from third-party websites; however, any person or entity linking to our Site must strictly abide by the following rules: (1) unless we have a written agreement with you, you may not use any of Redpath’s trademarks, logos or slogans in or with your links; (2) do not present the link to this Site in any way that suggests Redpath has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with us to do so; (3) you may link to this Site using the plain text name of this Site; (4) link only to the home page of this Site; (5) do not, without Redpath’s written permission: (a) incorporate any content from this Site into your Website (e.g., by in-lining or framing) or (b) use any Redpath names, trademarks, slogans, or any other words or codes identifying Redpath Site in any “metatag”. We will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Redpath and its products. Redpath reserves the right to cancel permission to link at any time, for any reason. You shall fully indemnify Redpath for any loss or damage suffered by Redpath for breaching the Terms of linking above.

 

TRADEMARK

The trademarks, logos, characters and service marks (collectively Trademarks) displayed on this Site belong Redpath or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Your use/misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms, is strictly prohibited. You are also advised that Redpath will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.

 

COPYRIGHT COMPLAINTS

Redpath, at its discretion, may suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing the following information:

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Redpath to locate the material;

Information reasonably sufficient to permit Redpath to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send your notice to:

Redpath Sugar, Ltd. Attn: Legal Department.

One North Clematis Street, Suite 200

West Palm Beach, FL 33401.

As there may be penalties for false claims, we urge you to consult with your legal advisor before filing a notice or counter-notice.

Disclaimer:

Your use of, and browsing on, this Site is at your own risk. Redpath assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this Site. Redpath makes no warranties or representations as to the accuracy of anything contained on the Site. Without limiting the foregoing, EVERYTHING PROVIDED TO YOU ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

INDEMNIFICATION

If you elect to register on our Site and select a user name and password, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Further, you agree to defend, indemnify and hold harmless REDPATH and its affiliates from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Site or any breach by you of these Terms.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL REDPATH OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF REDPATH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL REDPATH BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

 

SERVICE ACCESS

While Redpath endeavors to ensure that the Site is normally available 24 hours a day, Redpath shall not be liable if for any reason the Site is unavailable at any time or for any period.

Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Redpath’s control.

 

GENERAL

This Site is intended for residents of the Canada only as Redpath does not sell or advertises its products outside Canada. If you are a resident of the European Union, please visit tateandlylesugars.com, Sidul.es or Sidul.pt for products available in the European Union. Redpath has taken steps to comply with the General Data Protection Regulation, however, Redpath makes no representation that the materials in the Site are appropriate or available for use in locations other than Canada. If you access the Site from locations other than the Canada, you are responsible for compliance with any applicable laws.

Terms represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect. The failure of Redpath to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Redpath’s rights with respect to such breach or any subsequent breaches.

These Terms and Conditions and the agreement they create shall be governed by, and constructed in accordance with, the laws of Canada and Ontario, without giving effect to the principles of conflicts of law thereof. You agree that jurisdiction over and venue in any legal proceedings arising out of or related to this site or other Company websites shall be in the courts of Toronto, Ontario, Canada. If any provision of this agreement is unlawful, void or unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein. Company may modify these Terms and Conditions, without notice, at any time by updating this posting.

Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting programs available in Canada, its territories, possessions and protectorates. Company makes no representation that the materials in the site are appropriate or available for use in other locations. If you access the site from locations other than Canada, you are responsible for compliance with any applicable local laws.

 

How to Contact Us:

If you have any questions or concerns about this Legal Notice, Privacy Policy, or your dealings with this website, please Contact Us.

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