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This Website is owned, published, and managed by Kilcoy Global Foods North America (‘our’, ‘us’ or ‘we’). When you use the Website, you accept and agree to be bound by our Terms and Conditions. Please read them carefully. If you do not agree to these terms and conditions, you should immediately exit the Website.
1. COPYRIGHT NOTICE
All material on the Website is protected by copyright under the Copyright Act of 1976 (US) and, through international treaties and agreements, under the laws of other countries. Unless expressly stated to the contrary, we own copyright in all the material on the Website.
2. INTELLECTUAL PROPERTY RIGHTS
(a) We own or have a right to use the Intellectual Property Rights in the Website and all of its content. We reserve our rights in it. (b) Apart from uses expressly permitted by the Copyright Act of 1976 (US), by any agreement we enter into with you or by these Terms and Conditions, no part of any content may be reproduced, provided to any third party, altered, stored in a retrieval system, or transmitted, in any form and by any means, without our written permission. (c) You agree that: (i) no title to any Intellectual Property Rights in the Website or its content transfers to you; and (ii) you do not obtain any rights, express or implied, other than those specifically granted by these Terms and Conditions. (d) You agree that you will not do anything (including, without limitation, amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products) that partially or entirely reproduces or exploits the Intellectual Property Rights in any of the content of the Website
3. PRIVACY POLICY
(a) This policy must be read in conjunction with our Privacy Policy. (b) By providing us with any Personal Information through the Website, you consent to your collection of your Personal Information on the terms and for the purposes set out in our Privacy Policy.
4. TRADE MARKS
(a) This Website includes trade marks. You must not use, reproduce or publish these trade marks except by saving or printing out a copy of any pages from the Website where expressly permitted in these Terms and Conditions. Any use of any of the trade marks without the express written consent of us or the owner of the trade mark (as applicable) is prohibited. (b) Other registered trade marks may be featured on the Website from time to time and are proprietary to their respective owners and protected by international trade mark or copyright laws. The use of any such trade mark on the Website is not intended to indicate any association with or endorsement by the owner of that trade mark.
5. LIMITED LICENCE
(a) Our Terms and Conditions apply while you use our Website. (b) We grant you a limited, revocable license to access and use the Website and its content in accordance with these Terms and Conditions. (c) You may display, print or download the content of our Website on your computer, PDA, mobile phone, or other telephonic device for the purposes of information only. (d) You cannot use our Website or any part of it for any Commercial Use or for any public display (commercial or non-commercial). (e) We reserve the right to suspend, terminate or otherwise deal with your limited license in relation to the Website and its content at any time.
6. YOUR USE OF THE WEBSITE
(a) In using our Website you must not: (i) distribute all or any part of our Website other than as intended or as agreed by us in writing; (ii) do anything which alters all or any part of the Website, or interferes with or affects its working. This includes removing anything from it, adding anything to it, linking it to or from another Website; (iii) alter or modify any part of our Website other than as intended or as agreed by us in writing; (iv) access third party submissions or other content on our Website other than as expressly authorized by us and by way of the web pages provided by us; (v) use the Website or include, list, upload, post or transmit any information or material in any manner or for any purpose containing Prohibited Content or which is prohibited by these Terms and Conditions; or (vi) use or launch any automated system, including (without limitation) any offline readers, spiders or robots that access our Website in a way that: (A) sends a larger number of request messages to our servers or to other users of our Website than can reasonably be produced by a human in the same period using a conventional on-line web browser; (B) sends spam to any other user; (C) annoys or harasses any other user; (D) collects or harvests any personally identifiable information; (E) stores, permanently downloads or redistributes content from our Website other than as intended or as specifically agreed by us in writing; (F) circumvents, disables or otherwise interferes with any security-related features of the Website or contains features that prevent, limit or restrict use or copying of any content from our Website; (G) attempts to decompile or reverse engineer any software contained on the Website; or (H) transfers the materials to another person or ‘mirror’ the materials on any other server. (vii) create a link to or from our Website or any part of our Website: (A) for Commercial Use, without our prior written consent; (B) to or from a website which contains Prohibited Content; or (C) to or from a website which infringes third party’s rights (including Intellectual Property Rights). (b) We may (but are not obliged to) use, alter, update and monitor the content of the Website, at any time and at our sole discretion.
7. THIRD PARTY WEBSITES
(a) This Website may contain links to third party websites. We are not responsible for the condition or the content of those websites as they are not under our control. The presence of links does not amount, expressly or impliedly, to any endorsement of those website(s) or the products or services provided there. Your access to those websites and use of their products and services is solely at your own risk. (b) When accessing third party websites you should read the terms and conditions applying to the use of those websites. (c) Without limiting these Terms and Conditions, by using our Website to access third party websites you expressly release and indemnify each of us and our Affiliates from any and all liability arising from your access or use of any third party website.
8. WHAT WE DON’T PROMISE
While we invest in security to protect our Website and the integrity of anything you download from our Website, given the nature of the internet we do not promise you any of the following: (a) that you will have uninterrupted or error-free access to or use of the Website or any web page; (b) that any content, including third-party content, will always be available or is up-to-date or complete; (c) that any files or software you download are free from viruses, contamination, malware, or destructive features; or (d) that the Website is secure.
9. LIMITATION OF LIABILITY
(a) Except for any liability which cannot be excluded by law, we exclude all liability (including for negligence) to you or any other person for any loss or damage, whether direct, indirect, incidental, special, consequential, exemplary or otherwise, arising from or in connection with: (i) the use of the Website; (ii) the use by us of information provided by you to us through the Website; (iii) being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; (iv) the failure of the Website for whatever reason and however arising, including (without limitation) negligence; or (v) the use of your Website password by you or any third party to whom you have made the password available. (b) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it. (c) Except for any liability which cannot be excluded by law, we exclude all representations, conditions and warranties, whether express or implied (by statute or otherwise) and all liability to you or any other person for any loss or damage (whether direct, indirect or consequential, and including any loss of profits) arising out of or in connection with your use of the Website, the content and/or the services referred to on the Website. (d) To the extent permitted by law, we will not be liable to you or any other person for any loss or damage (whether direct, indirect or consequential, and including any loss of profits) arising out of or in connection with your use of the Website, the content and/or the services referred to on the Website. (e) Except for any liability which cannot be excluded by law, the maximum aggregate liability of us for all proven losses, damages, and claims arising out of or in connection with these Terms and Conditions or a supply under these Terms and Conditions, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the amount paid by you, if any, for accessing this Website.
10. CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right to amend these Terms and Conditions at any time. Your continued use of the Website following any such amendments will be deemed to be confirmation that you accept those amendments. It is your responsibility to check these Terms and Conditions regularly for any changes. If you have any questions, please contact us at na-customercare@kilcoyglobalfoods.com
11. SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect.
12. GOVERNING LAW
(a) These Terms and Conditions are governed by and construed in accordance with the laws of the State of Illinois and the federal laws of the United States. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Illinois and the United States, and, by using the Website, you submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
Thank you for visiting our Website.