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Butterball Canada Terms and Conditions

Read these Terms and Conditions of Use carefully before using any Website owned and operated by P&H Foods:

 

This website and all websites owned and operated by P&H Foods (each a "Website" or "Websites") are governed by these Terms and Conditions of Use, including our Privacy Policy (these "Term of Use"). These Terms of Use state the terms and conditions under which you may access and use the Websites. By accessing or using the Websites, you agree to these Terms of Use, including any other terms or policies that appear on our Websites, which terms and policies are incorporated herein by reference. If you do not accept the terms and conditions of these Terms of Use, do not use or access the Websites or engage in any services offered by P&H Foods. P&H Foods reserves the right, in its sole discretion, to change, modify, move, add or remove portions of these Terms of Use, from time to time, without notice to you. Your continued use of the Websites following any such changes will constitute your acceptance and agreement to be bound by such changes.

 

Review our Terms and Conditions and discover what users may or may not do with the information found on our Websites. P&H Foods reserves the right to modify, suspend, interrupt, or terminate operation of the Websites at any time.

 

Privacy

 

P&H Foods' Privacy Policy applies to the use of the Websites, and its terms and conditions are expressly made part of these Terms of Use by reference.

 

Trademarks and Content

 

All trademarks, service marks, and trade names on the Websites (collectively, the "Trademarks") are trademarks or registered trademarks of, and are proprietary to, P&H Foods or other owners that have granted P&H Foods the right and license to use the Trademarks. P&H Foods owns all right, title and interest in the Websites. All text, content, themes, objects, concepts, artwork, musical compositions, methods of operation, moral rights, graphics, interfaces, real-time chat transcripts, and the look and feel, selection and arrangement, design and organization of the Websites, and the compilation of the content, computer code, data and materials (collectively, the "Content") on the Websites are copyrighted works owned, controlled or licensed by or to P&H Foods, and are protected by copyright, trademark, trade dress and patent laws, and various other intellectual property rights and unfair competition laws. We reserve all rights, including without limitation all intellectual property or other proprietary rights, in connection with our Trademarks, the Content and the Websites. Nothing contained on the Websites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Websites without the express written permission of P&H Foods or the owner.

 

Restrictions on Your Use of the Websites

 

The Websites are provided for your personal and non-commercial use, and you may use the Websites and Content solely for your personal and non-commercial use provided that you do not modify, alter, transfer or sell the Content and do not copy or post the Content on any network computer or broadcast the material in any media, including social media websites or other media. You are prohibited from modifying, transmitting, distributing, reusing, reposting, "framing" or using the Content of the Websites, including the text, images, audio and/or video, for public or commercial purposes, without written permission from an authorized representative of P&H Foods. You are also prohibited from downloading any images of our logos or the products for sale within any of the Websites. Any reproduction of any of the Websites or the Content for commercial purposes or for distribution to other persons is a violation of Canadian copyright law and may subject you to civil and criminal penalties. P&H Foods reserves all right, title, and interest, including any and all intellectual property and other proprietary rights, in any Content that you download from the Websites In its sole discretion, P&H Foods or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law.

 

You may not: (a) engage in harvesting of email addresses or other personal information, unsolicited emailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information; (b) send chain letters or pyramid schemes via any Website; (c) attempt to gain unauthorized access to any Website, or any servers or systems through any Website. You will not use any Website in any manner that could damage, disable, overburden, or impair the functionality of the Website or interfere with any other individual's use or enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.

 

Void Where Prohibited

 

P&H Foods controls and operates the Websites from its offices in Ontario, Canada. P&H Foods makes no representation that the Websites, the Content, and/or the products featured on the Websites are appropriate or available outside of Canada. If you access the Websites from outside Canada, you do so at your own initiative and risk, and you are responsible for compliance with applicable local laws. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Websites, in violation of any applicable laws or regulations, including without limitation, any Canadian. export law or regulation.

 

International Licensees

 

Certain licensees also conduct business with users outside of Canada relating to P&H Foods® products, under license from P&H Foods. Such third-party licensees are not owned or controlled by P&H Foods. They may host and administer branded websites for use by customers outside of Canada("International Websites"). Users visiting any third-party International Website should consult the International Website for details regarding the applicable terms and conditions of use.

 

Operation of the Websites

 

P&H Foods reserves the right to modify, suspend, interrupt or terminate operation of or access to the Websites, the Content, or any portion thereof, at any time without notice for any reason, including, but not limited to, to perform routine or non-routine maintenance, error correction, or other changes.

 

Links

 

The Websites may contain links to other independent third-party Web Websites unaffiliated with P&H Foods ("Linked Websites"). These Linked Websites are provided solely as a convenience to you. P&H Foods does not control these Linked Websites, and you access them solely at your own risk. P&H Foods also does not endorse or approve any information or products offered at the Linked Websites, and P&H Foods specifically disclaims any and all responsibility or liability arising out of your use of such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites. Creating or maintaining any link from another Web Website to any page on the Websites without P&H Foods' prior written permission is prohibited. Running or displaying the Content of the Websites or the Websites themselves on another Website without P&H Foods prior written permission is also prohibited. Any permitted links to the Websites must comply with all applicable laws, rules and regulations.

 

Account Registration

 

This Website may require you to create an account to participate or to secure additional benefits. You agree to provide and maintain true, accurate, and complete information in connection with our use account registration prompts (collectively "User Data"). You agree to promptly contact us regarding any unauthorized use or access of User Data, including your username, password, or other personal identifying information or of any other breach of security you learn of involving this Website.

 

Product Images

 

We have attempted to accurately depict the products offered on the Websites. Products may appear larger or smaller than their actual size. Some images have been enlarged to show detail.

 

Product Purchases

 

All prices listed on the Websites are in Canadian dollars. You agree to pay the price that is stated at the time of order, along with any applicable sales taxes. Prices and availability of products and services are subject to change without notice. P&H Foods strives to avoid errors in pricing and product information. Nonetheless, errors occur and will be corrected when discovered. P&H Foods reserves the right to withdraw any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Unless otherwise specified, all charges are nonrefundable.

 

Any credit card or debit card payments made by you via the Websites are processed by a third-party payment processor. Generally, credit and debit cards are not charged until we either ship the item(s) to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). Please review all payment and transaction policies available on the Website and/or contact your credit card issuer for more information. For digitally delivered orders, including purchased coupons or gift checks, your credit or debit card will be charged at the time that you initiate the download of the product.

 

If you believe someone has made unauthorized use of your account or you are being charged for a product or service that you did not receive, please use the contact us link on the Websites or write to us at P&H Foods Consumer Affairs, 6775 Financial Drive, Suite 101, Mississauga, ON L5N 0A4 or call our Consumer Affairs Department at 1-905-542-2203 weekdays from 10 a.m. to 7 p.m EST.

 

Orders

 

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We, or a representative on our behalf may confirm an online order by phone and may request additional information to verify the legitimacy of the order. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the email address or other contact information you have provided to us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. All sales made through the Websites are subject to P&H Foods' return policy.

 

Promotional Codes

 

Unlike credit or debit cards, promotional codes whether on digital coupons or provided by P&H Foods in some other manner, are debited at the time an order is placed. Promotional codes will automatically be redeemed up to the total purchase amount. Promotional codes must be used prior to their expiration date and within a single transaction. Neither promotional codes nor digital coupons will be replaced if they are lost, stolen, deleted, or if you cancel or return your purchase. In the event of a reduction in price below the coupon or code value, the excess value of the coupon or code will not be refunded. For more information, review details of each respective digital coupon or promotional code offer.

 

User Content

 

P&H Foods may offer on one or more of the Websites the opportunity for users to post or submit content created by users in various forms, including without limitation video, communications, images, sounds, endorsements, data, music, graphics, and other material or information that you upload or transmit through a Website, including any chat text (collectively, "User Content"). Users are solely responsible for their use of such interactive areas of any Website and use them at their own risk. You may only post or submit User Content on areas of any Website where P&H Foods has given you permission to do so, and by posting User Content or by submitting the same to us with the knowledge that your submission may be uploaded by us, you (a) grant to P&H Foods and its designees a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Content throughout the world in any and all media, now known or hereafter devised; (b) grant P&H Foods and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise submit or distribute, or you otherwise have the lawful right to post or otherwise submit or distribute such User Content to or through the Websites; (ii) the User Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Content does not violate these Terms and Conditions of Use and will not violate any rights of or cause injury to any person or entity. You grant us the right to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms and Conditions of Use. All of the aforementioned paragraph shall be done in compliance with our Privacy Policy.

 

User Content submitted to P&H Foods is deemed non-confidential and we are under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, we reserve the right to use the User Content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to offer you any payment for User Content or to attribute authorship of User Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose the publication, use, modification, deletion and exploitation of the User Content by P&H Foods or its agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Content; and (d) you release P&H Foods from any claims that you could otherwise assert against P&H Foods by virtue of any moral rights.

 

Submission of User Content to Us, Use of Interactive Areas

 

By submitting or uploading User Content or otherwise using any interactive area on any of the Websites, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Websites any of the following:

 
  • Content that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual's privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Content that promotes illegal drug use, tobacco or firearms use;
  • Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Content that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited advertising or links to other commercial websites;
  • Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of someone else;
  • Viruses, corrupted data or other harmful, disruptive or destructive files;
  • Content that is unrelated to the topic of the interactive area(s) in which such content is posted;
  • Content that communicates messages inconsistent with the positive good will of P&H Foods; or
  • Content that, in the sole judgment of P&H Foods, is objectionable, or which may expose the Websites or its users to any harm.

 

P&H Foods takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is P&H Foods liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. P&H Foods is not liable for any statements, representations or User Content provided by its users on the Websites. Although P&H Foods has no obligation to screen, edit or monitor any of the User Content posted to or distributed through any interactive area of the Websites, P&H Foods reserves the right, and has sole discretion, to remove without notice any User Content posted or stored on the Websites. Any use of the Websites in violation of these Terms and Conditions of Use may result in termination or suspension of your permission to access or use the Websites.

 

Unsolicited Submissions

 

P&H Foods does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, product or service enhancements, processes, materials, marketing plans or new product or services names. Do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("Unsolicited Submissions") in any form to P&H Foods, via the Websites or otherwise. If, despite our request, you still send, post, or otherwise submit to P&H Foods any Unsolicited Submissions, then regardless of what your communication might say, the following terms shall apply to your Unsolicited Submissions: You agree that: (1) your submissions and their contents will automatically become the property of P&H Foods, without any compensation to you; (2) P&H Foods may use or redistribute your submissions and their contents for any purpose and in any way; (3) there is no obligation for P&H Foods to review your submissions; and (4) there is no obligation to keep any submission confidential.

 

Copyright Complaint Policy

 

 

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. (To contact us for any other reason, please use the contact us link on the Websites.)

 

Please provide the following information in the following order:

 

  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 Websites, 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.

Notices of claims of copyright infringement on any P&H Foods Website should be mailed to the P&H Foods' Privacy Officer at:

 

P&H Foods

Attn: Privacy Officer

Copyright Infringement Notice

6775 Financial Drive

Suite 101

Mississauga, Ontario

L5N 0A4

 

We recommend that you consult your legal advisor before taking any steps in making a claim regarding an alleged copyright infringement. You may be liable for damages (including costs and lawyers' fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.

 

Warranties and Representations

 

THE WEBSITES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. P&H FOODS HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO), WARRANTIES:

 

  • THAT THE CONTENT IS ERROR-FREE, OF ANY PARTICULAR LEVEL OF QUALITY, NON-INFRINGING, OR FIT FOR A PARTICULAR PURPOSE.
  • THAT DEFECTS OR INACCURACIES WILL BE CORRECTED.
  • THAT THE CONTENT WILL REMAIN AVAILABLE TO YOU.
  • THAT OPERATION OF THE WEBSITES WILL BE UNINTERRUPTED.
  • THAT THE WEBSITES, CONTENT, AND THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • THAT ANY PARTICULAR RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY RECIPES, DIRECTIONS, INSTRUCTIONS OR ADVICE ON THE WEBSITES.

 

P&H FOODS FURTHER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED, PURCHASED, OR OFFERED ON OR THROUGH THE WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, P&H FOODS HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, PRODUCT MISUSE, ABUSE, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, INFRINGEMENT OR MISAPPROPRIATION, AND P&H FOODS MAKES NO WARRANTIES TO USERS OF THIS WEBSITE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU.

 

Limitation of Liability

 

P&H FOODS IS NOT LIABLE FOR ANY DAMAGES OR INJURIES THAT RESULT FROM YOUR USE OF THE WEBSITES AND CONTENT. USE OF THE WEBSITES AND THE CONTENT IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL P&H FOODS BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES OR THE CONTENT, OR THE USE OR THE INABILITY TO USE THE SAME, INCLUDING ANY CLAIM MADE AGAINST YOU BY ANY OTHER PARTY, EVEN IF P&H FOODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. YOUR SOLE REMEDY AGAINST P&H FOODS FOR DISSATISFACTION WITH THE WEBSITES OR ANY CONTENT IS TO STOP USING THE WEBSITES OR ANY SUCH CONTENT.

 

Indemnification

 

In addition to any other obligations to indemnify contained herein, you also agree to defend, indemnify, and hold harmless P&H Foods, its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates, from and against any and all claims, damages, costs and expenses, including, but not limited to, lawyers' fees, arising out of or in connection with your use of the Websites or the Content.

 

Choice of Law and Jurisdiction

 

These Terms of Use shall be governed by the laws of the Province of Ontario, Canada without regard to any conflict of laws provisions. You hereby irrevocably consent to the exclusive jurisdiction of the federal and provincial courts located in the Province of Ontario in connection with any and all suits, actions or other proceedings arising out of or in connection with the Websites or these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or in connection with the Websites or these Terms of Use must be commenced within one (1) year after such claim or cause of action arises, or be forever barred. P&H Foods' failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use.

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