TERMS AND CONDITIONS
Version 1.0 posted and effective as of 08.09. 2018
This website (“Site”) is controlled by and/or maintained by Dole Foods of Canada Company (“DOLE,” “we,” “us,” or “our”). By using our Site, participants (“Participant”, “you,” “your”) agree to be legally bound by each of the terms and conditions set forth below and any amendments thereto (“Terms and Conditions”). Please read carefully, since these Terms and Conditions include limitations of liability as well as disclaimers of warranties, and other terms which affect your legal rights. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, OR IF YOU LACK CAPACITY OR AUTHORITY TO AGREE TO THEM, YOU MUST NOT VISIT OUR SITE.
We may amend any part of these Terms and Conditions by adding, deleting or varying their content. These amendments may be made at any time and from time-to-time in our discretion, by updating the webpage that displays these Terms and Conditions and increasing the version number at the start of these Terms and Conditions. IF YOU DISAGREE WITH AN AMENDMENT TO THESE TERMS AND CONDITIONS, YOU MUST CEASE VISITING OUR SITE. Please note that your use of certain features of our Site may be subject to additional terms and conditions. By using these features, you also agree to be bound by such additional terms and conditions. DOLE may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. DOLE may also impose limits on certain features and services or restrict your access to parts or to the entire Site without notice or liability. DOLE may terminate the authorization, rights and license given herein.
All materials on our Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Site (collectively, “Content”) are protected by copyrights and other intellectual property rights owned and controlled by us, by our affiliates, or by other parties that have licensed or otherwise provided their material to us. Except as specifically provided herein or elsewhere on the Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express written permission of DOLE. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize our Site for any purpose other than their intended purposes is strictly prohibited. For the sake of clarity, nothing in these Terms and Conditions provides you with any ownership interest in the Content. You acknowledge that intellectual property in the Site and its Content belongs to us and/or our licensors (as the case may be), and that you shall not own same.
Subject to Participant’s compliance with these Terms and Conditions, and for as long as DOLE makes the Site available, DOLE grants Participant a personal, non-exclusive, non-assignable, non-transferable, non-sublicenceable and revocable license (“License”) to use and display, for personal and noncommercial use only, one copy of any material provided on our Site specifically for the purpose of downloading by Participant (“Downloaded Material”). For the sake of clarity, the foregoing does not include any right to directly access the software, databases, algorithms or data which power the Site, nor any right to obtain a copy of the source code or architecture thereof. Participant agrees to maintain any and all copyright and other notices contained in such Downloaded Material. Participant further agrees not to alter or modify the Downloaded Material in any way. This License may not be assigned, transferred, or sublicensed by Participant to any other party and may be revoked by DOLE at any time. Upon revocation, Participant agrees to delete and/or destroy and Downloadable Material obtained from the Site.
RULES OF CONDUCT
By using our Site, Participant accepts the following rules of conduct:
Participant will not post to or transmit through our Site any material that would violate or infringe in any way upon the rights of others, including but not limited to any threatening, harmful, defamatory, obscene or pornographic material, material that is fraudulent or contains false, deceptive, or misleading statements, claims, or representations; or any material that violates federal or local law or regulation, or would give rise to civil or criminal liability.
Participant shall not use our Site to post, upload, or otherwise make available any material protected by a proprietary right, including but not limited to copyright and/or trademark or other third party right without express written permission of the owner of such right.
Further, Participant shall not use our Site (a) in violation of any applicable law, regulation, or judicial order; (b) in a manner that violates the terms of these Terms and Conditions, the terms of any applicable agreement with DOLE, or any other DOLE policy applicable through the Terms and Conditions; or (c) that interferes with or adversely affects the operation of this Site or the hardware, software, networks, systems, technology, and facilities upon and within which it operates (“Infrastructure”). Participants shall cooperate with DOLE in investigating and correcting any apparent breach of these Terms and Conditions.
Participants shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute (“Material”) or otherwise access or make available using the Site or Infrastructure.
In the event that DOLE becomes aware of any such Participant Material or of any activity engaged in by Participant that may violate these Terms and Conditions and/or expose DOLE to civil or criminal liability, DOLE reserves the right to investigate such material, block access to such material and suspend or terminate any features of or Content on the Site without liability. DOLE further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of these Terms and Conditions, including disclosing the identity of any Participant that DOLE believes is responsible for such violation. DOLE also reserves the right to implement technical mechanisms to prevent violations of these Terms and Conditions. Nothing in these Terms and Conditions shall limit in any way DOLE’s rights and remedies at law or in equity that may otherwise be available.
Any notes, postings, ideas, suggestions, concepts, or other material submitted through our Site via e-mail or any means that we may create or provide in the future will become the property of DOLE throughout the world and we shall be entitled (without compensation to any party) to use such material, either commercially or non-commercially, in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us: (i) it is original with you and accurate, (ii) it does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and (iii) you will use commercially reasonable efforts to ensure that any such submission is free from viruses, worms, trojan horses, or other items of a destructive nature. You further agree not to use our Site, the Content, or any products or services included on or available through our Site for any unlawful purpose.
DOLE has no responsibility for any material or information created, stored, maintained, submitted, transmitted or made accessible on or through the Site or Infrastructure by Participants, and is not obligated to monitor or exercise any editorial control over such material.
INFRINGEMENT AND REGULATORY COMPLAINTS
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of any Participant uploading, downloading, or posting materials, or otherwise using our Site in violation of any applicable federal, state, or local laws.
DISCLAIMER OF WARRANTIES
OUR SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. DOLE AND ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE INTEND THAT THE CONTENT OF OUR SITE BE ACCURATE, COMPLETE, AND CURRENT, WE MAKE NO WARRANTY: (I) THAT USE OF OUR SITE OR ANY CONTENT HEREIN (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT OUR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON OUR SITE WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH OUR SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CONTENT PROVIDED ON OUR SITE IS MEANT FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR ANY TYPE OF MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. PLEASE CONSULT YOUR PHYSICIAN OR A REGISTERED DIETITIAN IF YOU HAVE ANY QUESTIONS ABOUT YOUR DIET, MEDICAL CONDITION, OR THE INFORMATION PRESENTED HEREIN.
UNDER NO CIRCUMSTANCES SHALL DOLE, OR ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
(EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION ARISING FROM (I) YOUR USE OF OR INABILITY TO USE OUR SITE, OR (II) CONTENT AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR SITE. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you.
You agree to defend, indemnify and hold DOLE, and its parent, partners, agents, affiliates, licensors and advertisers and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or in any way connected to your access to or use of our Site, or breach of your agreements under these Terms and Conditions.
We make no representations that the Content on our Site is appropriate or available for use in locations outside Canada. Those who choose to access our Site from locations outside Canada do so at their own initiative and are responsible for complying with all local laws and regulations regarding online conduct and acceptable content.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Canada. You agree to submit to the exclusive jurisdiction of the federal, provincial, and local courts located within Canada. All of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You may not assign any of your rights arising under these Terms and Conditions without our written consent. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms and Conditions (as amended from time to time) constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. These Terms and Conditions do not create any relationship of employment, partnership, agency, trustor joint venture, nor do they create any fiduciary duties. We reserve the right to terminate your access to and ability to use our Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right. You and us have agreed that these Terms and Conditions and all related documents be drawn up in the English language. Les parties aux présentes reconnaissent avoir convenu que la présente entente et les documents connexes soient rédigés en langue anglaise.
If you have questions or comments about these Terms and Conditions or our privacy practices, or if you wish to review or amend any personally identifiable information you have provided, you can contact us at:
DOLE Packaged Foods, LLC
3059 Townsgate Road, Suite 400,
Westlake Village, California 91361
Attention: Consumer Center