Terms & Conditions
Legal Information and Disclaimers
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
The materials on this website (the “Site”) are provided by Lactalis American Group, Inc. and its subsidiaries (collectively referred to as “Lactalis”) as service to its customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below under the caption “Single Copy License.” Information on this Site may contain technical inaccuracies or typographical errors and may be changed or updated without notice. Lactalis may also make improvements, modifications, and/or enhancements in the products, programs and/or services described in this information at any time without notice. By downloading any materials from this Site, you agree to these terms. If you do not agree to them, do not use the Site or download any materials from it.
Copyright Notices
The works of authorship contained in this Site, including, but not limited to, all design, text and images, are owned, except as otherwise expressly stated, by Lactalis or one of its affiliates, (“Site Works”). The Site Works may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Lactalis’s prior written consent, except to the extent that such use constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. §107), as amended, and the Canadian Copyright Act (R.S.C., c. C-42) and except for use of one copy in accordance with the license provisions below under the caption “Single Copy License.”
Trademark/Service Mark Notices
Black Diamond is a ® of Parmalat Canada, Inc. Any other featured logos, tradenames and trademarks are service or trademarks of their respective owners.
Availability of Products, Programs and Services
Information on this Site may describe or reference products, programs and services that are not available in your country. Such references do not imply that Lactalis offers or intends to offer such products, programs or services in your country. Consult with Lactalis for information regarding the products, programs and services that are available in your country.
Disclaimers
INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL LACTALIS BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR OF ANY LINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER/NETWORK SYSTEMS OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Single Copy License
The Site Works are copyrighted and any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws. You may download one copy of the Site Works found on the Site on a single computer for your personal, non-commercial, internal use only, unless specifically licensed to do otherwise by Lactalis in writing. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Site Works or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer or disassemble software Site Works; (c) remove any copyright or other proprietary notices from the Site Works; (d) transfer the Site Works to another person; or (e) permit any unauthorized copying of the Site Works. Lactalis, in its sole discretion, may terminate this license at any time, for cause. Upon termination, you will immediately destroy any copies of the Site Works in your possession.
Restricted Rights
The Site Works are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States, Canadian or any other Government is subject to the restrictions set forth in FAR52.227-14 and DFAR252.227-7013 et. seq. and any similar or other governmental regulations, or their successors. Any use of the Site Works by the United States, Canadian or any other Government constitutes acknowledgment of Lactalis’s proprietary rights in them.
Communications Submitted
Any material, documents, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). Any Communications that include Personal Information (as defined in our Data Privacy Policy) are subject to the Terms and Conditions of the Data Privacy Policy. Lactalis will have no obligations with respect to the Communications. If you transmit or post any Communications to the Site, you grant Lactalis and its designees an unrestricted, irrevocable license to copy, disclose, distribute, reproduce, perform, modify, transmit, license, sublicense, incorporate and otherwise use the Communications and all data, images, sounds, text, ideas, concepts, inventions, know-how, techniques and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Use of Personal Information
Any personal information submitted to or collected by Lactalis on this Site is governed according to the Data Privacy Policy, a copy of which can be found here.
Third Party Sites
Lactalis makes no representations whatsoever about any other website which you may access through this Site, whether by hyperlink or otherwise. When you access a third party website, please understand that it is independent from the Site and that Lactalis has no control over the content on that website. Lactalis reserves the right to terminate any link or linking program at any time, without notice. Lactalis does not endorse companies or products to which it links and reserves the right to state this on its Site pages. If you access any third party websites linked to this Site, whether by hyperlink or otherwise, you do so entirely at your own risk. It is up to you to take precautions to ensure that whatever you select for your use is free of materials of a destructive nature, such as viruses, worms, Trojan horses and similar destructive files.
Applicable Law
This Site is operated by Lactalis from its offices within the State of New York. Lactalis makes no representation that information on this Site is appropriate or available for use in other locations, and access to the Site from locations where any such Site information is illegal is prohibited. Those who choose to access this Site from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. You may not use or export any Site information in violation of U.S. export laws, rules and regulations. Any claim relating to the Site Works or other Site information shall be governed by the internal substantive laws of the State of New York and shall be subject to the Disclaimers contained on this page under the caption “Disclaimers.”
General
Lactalis may revise these Terms and Conditions at any time by updating this page. You should review this page, or its successor on this Site, from time to time to the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on other pages of this Site.