Terms of Use

General

Welcome to The Ontario Nutrition Company Inc.’s website. In using this website, you are deemed to agree to the terms as written below, as of your date of use. If you do not want to be subject to these terms or do not agree with them, please do not use this website. The Terms of Use may be modified by Ontario Nutrition Company Inc., so please check these Terms each time you visit to be certain of what they are. We will attempt to make an effort to provide accurate and timely information about the Ontario Nutrition Company and it’s affiliates on this website; however, the information provided here is not guaranteed to be up to date or identical to available information about the Ontario Nutrition Company Inc. Where possible, always check with specific locations for the most up to date information. These Terms of Use were last updated on February 9, 2011.

Information Exchange

As part of the use of this website, you may enter certain information about you or your company which we will hold in confidence according to these Terms of Use and our Privacy Policy; please click here to read our Privacy Policy describing how we will and will not use information. Ontario Nutrition Company Inc. may send you emails or other communications on various topics such as specific products, information about our company, or any changes to our company’s policies. Ontario Nutrition Company will not use your information in a way that identifies you personally to others (unless required by law), please understand that information submitted to or gathered by Ontario Nutrition Company Inc. via this website, may be treated as non-confidential. You agree that all such information may be used by Ontario Nutrition Company Inc. for any purpose without compensation to you.

With regard to the content of any submissions you make to Ontario Nutrition Company Inc. through this website, you agree to remain solely responsible, and agree not to submit materials that are unlawful, defamatory, abusive or obscene. You also agree that you will not submit anything to this website that will violate any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights.

Links

As a convenience, Ontario Nutrition Company Inc. may provide links on the website that allow you to connect with third party websites that are not under our control. The link to a third party website provided on this website does not imply endorsement of or responsibility for such linked website by Ontario Nutrition Company Inc., and we are not responsible for any information you submit to them, their contents, privacy policies or other practices.

Online Forums

Guests and Registered Members may post comments, suggestions, questions and other content in our online forums so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Ontario Nutrition Company Inc. reserves the right (but not the obligation) to remove or edit such content at its own discretion. If you do post content or submit material such as recipes, photos, testimonials etc., you grant Ontario Nutrition Company Inc. a nonexclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ontario Nutrition Company Inc. the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ontario Nutrition Company Inc. for all claims resulting from content you supply. Ontario Nutrition Company Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright and Trademark

All rights, titles and interests (including all copyrights, trademarks and other intellectual property rights) to the content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Ontario Nutrition Company Inc., or to another party that has licensed their material to Ontario Nutrition Company Inc. and is protected by copyright laws of Canada, United States and other international copyright laws. You may not reproduce, redistribute or otherwise use any materials without the express written consent of Ontario Nutrition Company Inc. All rights not expressly granted are reserved. Ontario Nutrition Company Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not Ontario Nutrition Company Inc.’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Ontario Nutrition Company Inc.

Your use of the materials included on this website is for personal, informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this website in any way. You agree to indemnify, defend and hold harmless Ontario Nutrition Company Inc. for any and all unauthorized uses you may make of any material on the website. You acknowledge the unauthorized use of the contents could cause irreparable harm to Ontario Nutrition Company Inc. and that in the event of an unauthorized use, Ontario Nutrition Company Inc. shall be entitled to an injunction in addition to any other remedies available at law or in equity.

Copyright Complain Procedure

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Ontario Nutrition Company Inc. that your copyright has been violated.

Please provide the following information in the following format (including Section Numbers):

1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on this website should be mailed to:

We suggest that you consult your attorney prior to filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.

Health Information

All materials related to health information are provided for educational purposes only. Furthermore, some of this content comes from third parties and unless specifically stated, Ontario Nutrition Company Inc. does not guarantee or vouch for the correctness of such information. You should always consult a physician regarding the applicability of any opinions or recommendations with respect to any symptoms, diets, medications, supplements or medical conditions.

While we work to ensure that product information is correct and up to date, on occasion, manufacturers may alter their ingredient lists, claims and/or facilities. We cannot be held responsible for individual reactions to any products nor can we guarantee the absence of cross-contamination. Actual product packaging and materials may contain more and/or different information than that shown on Ontario Nutrition Company Inc.’s website. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions and/or contact the manufacturer before using or consuming a product. For additional information about a product, please contact the manufacturer directly. Content on this site and the forums is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating any health problem or disease. We do not endorse or warrant the validity of any health-related statements found on Ontario Nutrition Company Inc.’s or third-party websites accessed through our Ontario Nutrition Company Inc.’s website. You should always consult with your physician prior to changing or undertaking any new diet or exercise program or using any health-related information. Contact your health-care provider immediately if you suspect that you have a medical problem or a change in your health. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither Ontario Nutrition Company Inc. nor the manufacturer assumes any liability for inaccuracies or misstatements about products.

Disclaimer and Limit of Liability

THIS WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND ONTARIO NUTRITION COMPANY INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) TO YOU CONNECTED WITH USE OF THIS WEBSITE, INCLUDING ITS CONTENT AND REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means Ontario Nutrition Company Inc., its subsidiaries and affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.

Ontario Nutrition Company Inc. does not guarantee that the functions contained on this website will be uninterrupted or error-free, that this website or its server will be free of viruses or other harmful components, or that defects will be corrected even if Ontario Nutrition Company Inc. is aware of them.

Please understand that Ontario Nutrition Company Inc. disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this website, including but not limited to technical inaccuracies and typographical errors; (2) any third party websites or content therein directly or indirectly accessed through links in this website; (3) any information which is posted by any 3rd party, including without limitation, information posted on any related blog; (4) the unavailability of this website or any portion of this website; (5) your use of this website; or (6) your use of any equipment or software in connection with this website.

These Terms of Use incorporate by reference any notices contained on this website and constitute the entire agreement with respect to your access to and use of this website. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining terms.

Children

Parents should always supervise their children while online. Ontario Nutrition Company Inc.’s website is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children’s Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on this website, nor make any purchases without the expressed consent of a legal guardian.

Jurisdictional

Use of this website shall be governed by and construed in accordance with the laws of Ontario and Canada, as they apply to agreements made and solely performed in Ontario. Disputes arising based on this website or in any way related to this website shall be exclusively subject to the jurisdiction of Ontario.

Ontario Nutrition Company Inc. makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside Canada, please understand that this website may contain references, terminology and/or links to products and services that are not available or are prohibited in your country. It is the buyer’s responsibility to ensure that any products purchased and/or ordered from Ontario Nutrition Company Inc. meet their own country’s or jurisdiction’s import/export guidelines. The Ontario Nutrition Company Inc. is not responsible for the confiscation, damage or loss of any products that are deemed prohibited by the receiver’s country or jurisdiction.

Privacy & Security

For an explanation of Ontario Nutriition Company Inc.’s practices and policies related to the collection, use and storage of online information supplied directly or indirectly by you as a result of your use of Ontario Nutriition Company Inc.’s website, please read our Privacy Policy. By accessing this website, you are consenting to our information collection and use practices described in these Terms of Use and our Privacy Policy.

Ontario Nutriition Company Inc. has attempted to take all reasonable steps to have physical, electronic and procedural safeguards in place to protect personal information gathered through this website. This includes compliance with related federal regulations and may include use of industry-standard Secure Socket Layer (SSL) encryption to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk.