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Terms and Conditions of Use

The cloverleaf.ca website (this “Website”) is operated by Clover Leaf Seafoods Company, its subsidiaries, affiliates, successors and assigns (collectively “Clover Leaf”). This Website is provided to you by Clover Leaf solely under the terms and conditions of this agreement (this “Agreement”). Your use of this Website constitutes your agreement to all of the terms and conditions contained herein. If you do not agree with these terms and conditions, you may not use this Website. You may print and keep a copy of this Agreement.

This version in effect October 25, 2006.

Account

Should you decide to participate in the Clover Leaf Newsletter (your ”Account”) you are responsible for all use of your Account and for ensuring that all use of your Account complies fully with the provisions of this Agreement. You are responsible for protecting the confidentiality of your password(s), if any, to gain access to your Account. Should you require assistance with your Account and password, please contact our Privacy Officer at privacy@cloverleaf.ca.

Privacy

Clover Leaf’s policy on the collection, use and disclosure of your personal information as well as Non-Identifiable Information can be found in our privacy policy, the terms of which are incorporated into this Agreement by reference.

Modifications of Terms and Conditions of Use

We reserve the right to change these Terms of Use at any time. We will do so by posting revised Terms of Use on this Website. The date of the version of these Terms of Use is stated at the top of the page. Please review the Terms of Use periodically. Your continued use of this website following the posting of changes to these Terms of Use will mean you accept those changes.

Limitation of Liability

THIS WEBSITE AND THE INFORMATION AND MATERIALS THEREIN (THE “CONTENT”) ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. CLOVER LEAF DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE OR ANY OF THE CONTENT. CLOVER LEAF DOES NOT WARRANT THAT THIS WEBSITE AND THE CONTENT ARE FREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THIS WEBSITE AND CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM, OR RELATED TO YOUR USE OF THIS WEBSITE INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE, ERROR, INACCURACIES OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION PERTAINING TO YOUR ACCOUNT. YOU SPECIFICALLY ACKNOWLEDGE THAT CLOVER LEAF SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES. THE EXPRESS WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT. IN NO EVENT SHALL CLOVER LEAF BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ITS CONTENT, EVEN IF CLOVER LEAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF CLOVER LEAF UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO CAD $5.00.

Links

Links to external websites (the “Linked Websites”) are provided only as a convenience and do not constitute an endorsement by Clover Leaf of the owners or operators of the Linked Websites, an endorsement of the content, products, advertising or other materials contained in the Linked Websites, or any association between Clover Leaf and the Linked Websites. Clover Leaf is not in control of any of the Linked Websites and is not responsible for the contents of the Linked Websites, including without limitation any link contained in the Linked Websites or any changes or updates to the Linked Websites.

Copyrights

Except as stated herein, all Content, including the design of this Website, text, graphics, logos, images, icons interfaces, and the selection, assembly and arrangements thereof contained in this Website are the sole property of Clover Leaf. Permission is granted to electronically copy, display and print hard copy portions of this Website for your personal, non-commercial informational use. Any other use of the Content, including but not limited to, reproduction for purposes other than those noted above, modification, transmission, public display, distribution or republication, without prior written permission of Clover Leaf, is strictly prohibited.

Trademarks

Clover Leaf and all other trademarks and service marks owned by Clover Leaf and appearing on this Website are registered trademarks, trademarks or service marks of Clover Leaf. All custom graphics, icons, logos and other items that appear on this Website are trademarks or service marks of Clover Leaf. The use of any Clover Leaf trademark or service mark without obtaining prior written consent from Clover Leaf is strictly prohibited. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Use of this Website

The Content is owned or licensed by Clover Leaf, and Clover Leaf authorizes you to view, display and download the Content and to print hard copies of the Content solely for your personal, noncommercial use, provided you retain all proprietary notices contained in the Content. Any material you download, or print shall remain the property of Clover Leaf and shall be returned to Clover Leaf and deleted or destroyed from your records at Clover Leaf’s request. You may not modify, copy, distribute, transmit, publicly display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software or services obtained from this Website.

You may not use this Website for any purpose that is unlawful or prohibited by the terms, conditions and notices contained herein. You may not use this Website in any manner which is contrary to all applicable local, provincial, national, international and foreign laws or regulations governing your use of this Website. You many not use this Website in any manner which could damage, disable, overburden or impair this Website or interfere with any other party’s use and enjoyment of this Website.

Submissions

All remarks, suggestions, ideas, graphics, data, questions or other information communicated to Clover Leaf through this Website or through email (together, a “Submission”) shall be owned by Clover Leaf. Clover Leaf will not treat any Submission as proprietary, will not be liable for the use of any idea for its business (including, without limitation, product, recipe, contest, promotion or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Clover Leaf operations. Without limitation, Clover Leaf will have exclusive ownership of all present and future existing rights to the Submission of any kind and nature everywhere. Clover Leaf will be entitled to use the Submission for any commercial or other purpose, without compensation to you or any other person.

Content

Although Clover Leaf uses reasonable efforts to update and ensure the accuracy of the Content, Clover Leaf makes no warranties or representations as to its accuracy. Clover Leaf assumes no liability or responsibility for any errors or misrepresentations contained in the Content.

Information available in the Health & Wellness section of our website is not intended to supercede or be a substitute for the advice of medical professionals. The articles and information contained in these pages are general in nature, and may not reflect the most current knowledge. Further, this information may be helpful to some persons but not others, depending upon their personal health condition or other factors such as age, weight, gender, physical condition, etc. Always consult a physician or other health care provider prior to changing or undertaking a diet or exercise program. And never put off obtaining or disregard professional medical advice because of something you have read on this site.

Indemnity

You agree to defend, indemnify and hold Clover Leaf, its employees, directors and officers, and related entities harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of this Agreement by you or users of your Account or in connection with your use of this Website.

Severability

If any provision of this Agreement is determined to be void, invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

Entire Agreement

Unless specifically provided herein, this Agreement constitutes the entire agreement between you and Clover Leaf with respect to your use of this Website. This Agreement shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Website except as specifically set forth herein.

Termination

This Agreement shall automatically terminate if you are in breach of any of the provisions contained herein. Clover Leaf reserves the right, in its sole discretion, to terminate your Account, access to this Website and the related services, or any portion thereof, at any time, without notice. Clover Leaf’s failure to insist upon strict performance of any provision of this Agreement does not mean that Clover Leaf is waiving any of its rights under this Agreement.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario, for any legal proceeding arising out of or relating to your use of this Website or this Agreement.

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