USER AGREEMENT FOR GANONG BROS. Limited WEB SITE

Last Updated on (September 16, 2005)

WELCOME TO THE GANONG WEB SITE!

We've designed our site to be useful, informative, and fun. We hope we've succeeded - and we hope you'll let us know how we can make it even better.

All we ask in return is that you abide by the terms and conditions that follow. Please read them carefully, because your access to this site is provided conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"), and when you use our site, you automatically agree to these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, you should not use our site.

Ganong has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at our site. Please check the Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of our site immediately. Your continued use of our site after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your use of our site and do not alter the terms or conditions of any other agreement you may have with Ganong.

THANKS FOR VISITING!

Intellectual Property

1. Ganong either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips and other content that is made available to you on our site, or has obtained the permission of the owner of the intellectual property in such content to use the content on our site. Our site, including without limitation all content on our site, is protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the content on our site by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of our site and to prevent any unauthorized copying of the content on our site. Any software, as well as any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through our site is the copyrighted work of Ganong or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of our site.
2. For greater certainty, Ganong services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. Ganong reserves all such rights.
3. Certain names, graphics, logos, icons, designs, words, titles and phrases on our site, including without limitation Ganong, constitute trademarks, trade names, trade dress and associated products and services of Ganong or its affiliates (the "Marks"), and are protected in Canada and internationally and their display on our site does not convey or create any license or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of Ganong is strictly prohibited. In order to indicate which items are trademarks, Ganong may, without limitation, use an * symbol which refers to a footnote explaining the intellectual property rights of Ganong (as shown at the bottom of these Terms and Conditions); may use a T or a ® symbol; or may use a differentiating font style.
4. Other trademarks, trade names, trade dress and associated products and services mentioned on our site may be the trademarks of their respective owners. The display of these trademarks, trade names, trade dress and associated products and services on our site does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
5. Ganong considers all of its intellectual properties to be very important assets of Ganong and will protect them from unauthorized use by others. Except as expressly provided herein, Ganong does not grant any express or implied right or license to you to use any intellectual property, including without limitation any patent, trademark, copyright, trade secret, or confidential information, of Ganong or of any other contributor of Content to our site.

Permitted Uses

You agree not to re-use material from www.ganong.com or from any other World Wide Web site operated by Ganong. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you get our written consent -- first.

There are two exceptions. As a member of the general public you may download one copy of the material on our site onto one computer for your personal, non-commercial use only, as set out under "Limited Licence" below. As a member of the media you may download news releases, photos, and collateral information provided for your use, provided you also don't delete or change any copyright, trademark, or other proprietary notices, and that you adhere to good business practices regarding the use and reproduction of such material.

But please don't modify the materials or use them for any other purpose; if you do, you'll be violating our intellectual-property rights.

Limited License

Ganong grants to you a Canadian, non-exclusive, non-transferable, non-sublicenseable, revocable, limited license to display on your computer, print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on our site, for non-commercial (personal or educational) purposes only, provided that:

1. you do not modify or misrepresent any such content; and
2. you include with and display on each copy of such content the associated copyright, trademark, or other proprietary notices (that is, the line at the bottom of this page, and the symbols next to our designs) and this limited license.

Content authorized for release to media can also be displayed, printed, downloaded and used in keeping with the normal practices governing the release of authorized material by other means.

Prohibited Uses

No other use is permitted. Without limiting the foregoing, you may not, nor may you allow others to, directly or indirectly:

1. remove, from any copy of the content on our site, the copyright or other proprietary notices contained in the content on our site; sell, modify or attempt to modify the content of our site in any way or reproduce or publicly display, perform, or distribute or otherwise use any content on our site for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the content on any other Web site; or transfer any of the content on our site to any other person without the prior written consent of Ganong;
2. print or copy any of the HTML or other computer software that is accessible at our site;
3. use our site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, our site or any services, system resources, accounts, servers, networks, affiliated or linked site, connected to or accessible through our site (including without limitation uploading, posting or otherwise transmitting on our site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on our site's infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from our site or the content on our site in whole or in part);
4. use or attempt to use another's account, password, or other information in connection with our site without prior written authorization from Ganong; create or use a false identity on our site, or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to our site; or send to our site or Ganong any incomplete, false or inaccurate information; or
5. disrupt or interfere with any other person's use or enjoyment of our site or affiliated or linked site, or any services thereof; or delete or revise any of the content posted on our site.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of content on our site, and that you will comply with all laws that apply or may apply to your use of activities or content on our site or in respect of the content on our site. Ganong will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Ganong reserves the right at all times to disclose any information regarding your usage of content on our site as necessary to satisfy any law, regulation or governmental request.

Disclaimers of Warranties

GANONG DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, REGARDING OUR SITE. FOR GREATER CERTAINTY, GANONG DOES NOT REPRESENT OR WARRANT (1) THAT OUR SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE; (2) THE QUALITY, ACCURACY, COMPLETENESS OR SUITABILITY OF ANY CLAIMS, STATEMENTS OR INFORMATION ON OUR SITE; (3) THAT DEFECTS IN OUR SITE WILL BE CORRECTED; (4) THAT OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECIPES CONTAINED IN THE MATERIALS ON OUR SITE. OUR SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OUR SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

In addition to the above, you (and not Ganong) assume the entire cost of all necessary servicing, repair, or correction.

Links and Disclaimers of Linked Sites

We sometimes provide access to other World Wide Web sites from our site. Other than with respect to those sites that are operated on behalf of Ganong (which Ganong will identify to you), Ganong provides these other links only as a convenience. If you use these sites, you will leave our site. If you decide to visit any linked site other than our site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Ganong-operated site or you have moved to another site. If you have moved to another site which is not Ganong-operated but which is operated on behalf of Ganong, we will endeavour to identify that to you.

While Ganong tries to ensure that our site only links to sites that share our high standards of decency, fairness, and integrity, Ganong is not responsible for the contents of any such linked pages or any other pages not under its control and/or part of our site. Ganong makes no representation or warranty regarding, and does not endorse, any linked Web site, the information appearing thereon or any of the products or services described, other than with respect to our site.

Links do not imply that Ganong sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Ganong. You agree that you shall not point or link from a site directly to content within our site without the express prior written permission of Ganong. Ganong reserves the right to disable links from a third party site to our site.

Submissions

Ganong will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do submit material to us:

1. All remarks, suggestions, ideas, graphics, or other information that you communicate to Ganong through our site (other than information we promise to protect under our Privacy Policy), become and remain our property, even if this agreement is later terminated.

   This means that...
   
   

   • We don't have to treat any such submission as confidential.
   • You can't sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
   • If we use them -- or anything like them -- we don't have to pay you or anyone else for them.
   • We will have exclusive ownership of all present and future rights to submissions of every kind.
   • We can use them for any purpose, without compensating you or anyone else for them. You agree not to assert any ownership right of any kind in your submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.
   
   
2. You acknowledge that you are responsible for any submission you make -- in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Limitation of Liability

YOU AGREE THAT IN NO EVENT WILL GANONG, ITS ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL OF THEIR RESPECTIVE AFFILIATES, AND ALL OF THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, "REPRESENTATIVES"), HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH OUR SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, ECONOMIC, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, OUR SITE, THE CONTENT OF OUR SITE OR ANY LINKED WEB SITE, OR THE FAILURE OF OUR SITE OR SUCH LINKED WEB SITE (INCLUDING WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN OUR SITE OR SUCH LINKED WEB SITE, OR ANY CONTENT THEREON; THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE; OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM OUR SITE OR SUCH LINKED WEB SITE), EVEN IF GANONG OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

Release/Indemnity

You agree to release, indemnify and hold harmless Ganong, its Representatives, and such other additional persons as are identified in the terms, conditions and rules which govern specific promotions, contests or other programs on our site as being released from liability and/or indemnified by you (collectively referred to herein as the "Releasees") from all liability relating to or arising in connection with your use of our site (including without limitation any liability for loss or damage of any kind to persons or property, resulting in whole or in part, directly or indirectly, in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to our site, the content of our site or any linked Web site, and including without limitation liability arising from negligence, and reasonable legal and accounting fees). You acknowledge and agree that the Releasees have not made, and are not liable for, any representation, warranty or condition in respect of our site.

Jurisdiction

Unless otherwise specified, the materials in our site are presented to provide information about Ganong and its products. We in no way imply that the materials on our site are appropriate or available for use outside Canada. If you use our site from locations outside Canada, you do so on your own initiative and are responsible for compliance with any applicable local laws. Accessing the content of our site from locations where its contents are illegal is prohibited.

Changes to Site

Ganong may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of our site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, our site; (ii) adding, removing or changing any fees or charges for use of our site or any other site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any content on our site. Ganong reserves the right, in its sole discretion, to correct any errors or omissions in any portion of our site at any time without notice, but confirms that it has no duty to do so.

Choice of law

By accessing our site, you agree that all matters relating to the access to, or use of, our site shall be governed by the laws of the Province of New Brunswick and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws. You agree not to export any of the Content accessible through our site in violation of applicable export laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms and Conditions.

MISCELLANEOUS POINTS ABOUT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT

Additional Terms of Use

Certain areas of our site may be subject to additional terms of use (including such terms as govern specific promotions, contests or other programs on our site) (the "Additional Terms of Use"). You agree that by using such areas, or any part thereof, you agree to be bound by the Additional Terms of Use applicable to such areas. The Terms and Conditions, together with the Additional Terms of Use, constitute the entire agreement between Ganong and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between Ganong or its affiliates and you with respect to this subject matter. In the case of any conflict between the Terms and Conditions and the Additional Terms of Use, the Terms and Conditions shall govern.

Any cause of action you may have with respect to your use of our site or which is the subject of the Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Ganong. Failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. No changes to the Terms and Conditions shall be made except by a revised posting on this page. The Terms and Conditions shall enure to the benefit of Ganong and its affiliates. Any and all references in the Terms and Conditions to Ganong and its affiliates shall, where the context so permits, include Ganong's parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on our site. Ganong may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.

GANONG PRIVACY POLICY

Last Updated on (September 19, 2005)

This Web site is owned and operated by Ganong Bros. Limited. We recognize that many visitors to our site are concerned about the information they provide to us, and how we treat that information. So we've developed a Privacy Policy to address those concerns. We may update the Policy from time to time, so please check in occasionally.

Ganong recognizes its obligation to its customers, community and online visitors to adhere to the highest standards of decency, fairness, and integrity in all its operations. Likewise, Ganong is dedicated to the fundamentals of protecting consumer privacy on the Internet, especially for children.

Information We Collect and What We Do With It

At our site we don't collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly.

By completing the registration form, Visitors consent to Ganong and/or any of its authorized third party service providers the right to hold, use and/or communicate/disclose to each other the personal information provided. The information is used for the purposes of marketing Ganong products. Ganong will not sell this information to third parties.

You may have to register and provide this personal information in order to use special purpose features of our site. Our site sometimes includes notices of sweepstakes or other promotions we are conducting, and we may permit you to enter electronically in some cases. If that occurs, we will also use the personal information you provide for the purpose of conducting the promotion (e.g., to contact you if you're a winner, deliver your prize).

If you specifically agreed to follow-up contacts by Ganong or asked to be put on our electronic mailing list - i.e. 'opted-in' - your E-mail address information will be used to deliver information or notices directly to your E-mail box. You must click on the permission box provide to remove the check mark if you do not want to 'opt-in' to receive information or notices by E-mail.

When you communicate with Ganong using the Contact Us feature of our Web site, any information provided, including your E-mail address, is held electronically, used in preparing a response, and stored for future reference. Your information may be communicated/disclosed to an authorized third party service provider (e.g. translator) to facilitate a timely response. We don't use your E-mail address for any purpose other than responding to messages you've sent, unless we have your permission.

Important Note to Kids

Before providing your name, address, E-mail address, or any other personal information to anyone on the Internet, be sure to ask your parents if it's OK.

Important Note to Parents

At the present time, we do not knowingly collect personally identifiable information from minors, except as described below.

• We do sometimes offer online promotions, such as a sweepstakes or contest. In those cases, we permit children between the ages of 14 and 19 years of age to enter and register. We ask them to obtain the consent of their parent or legal guardian before participating. We notify the parent or legal guardian of the terms and conditions under which the information is being collected, held, used, or communicated/disclosed.
• We do permit a minor to send us an E-mail, or to send an E-mail to a friend through our site. When a minor communicates with Ganong using the Contact Us feature, any information provided, including their E-mail address, is held electronically, used in preparing a response, and stored for future reference. The information may be communicated/disclosed to an authorized third party service provider (e.g. translator) to facilitate a timely response. We don't use the E-mail address for any purpose other than responding to messages we have received, unless we have permission to do so.

Cookies

Ganong may use "cookie" technology to obtain non-personal information from its online visitors. Cookies are information files that your Web browser places on your computer when you visit a Web site. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. We do not extract personal information in this process nor do we provide this information to third parties. We also do not contact you. Cookies allow us to customize your user interface to speed up the navigation process and to make the site experience more efficient. If your browser is configured to reject cookies, you will not be able to use the features of the Ganong Web site.

We use a temporary session cookie to enable you to use our shopping basket. These temporary cookies are eliminated when you exit your browser. Another type of cookie can be stored on your computer by your browser. When you log in, this type of cookie tells us whether you've visited us before or are a new visitor. We do use the cookie to help us identify site features, in which you have the greatest interest, so that we can provide more of what you may want.

Links

The Ganong Web site may contain links to other sites. We make every effort to only link to Web sites that share our high standards of decency, fairness, and integrity. We try our best to ensure that these links are safe for children, but the privacy and data collection practices on any linked Web site are entirely separate from Ganong and are not covered by this Privacy Policy. Other Web sites, which may contain material not suitable for children, may also link to the Ganong Web site without Ganong's knowledge or consent. Ganong has no responsibility for the content, policies or actions of these Web sites. Children should always check with a parent, guardian or other adult before linking to any new site.

Security

Ganong has taken steps to make all information received from our online visitors as secure as possible against unauthorized access and use. Personal information provided by customers is kept in Ganong's secure database. All information received from our customers is protected by our security measures, which are periodically reviewed. You should keep in mind, however, that no data transmission over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient.

Changes and Updates to the Privacy Policy

The Ganong Web site's content and features may be updated, revised, modified and supplemented. Ganong reserves the right to change the information, features, products, policies, promotions, disclosures and disclaimers at any time. Changes to this Privacy Policy will be posted on our Web site. Please check the policy periodically for changes. At the top of the policy we indicate the date of an update to the Privacy Policy. The continued use of the Ganong Web site following the posting of changes to this Privacy Policy will mean you accept those changes.

Changes and Access to Personal Information

Ganong customers who provide personal information to Ganong and/or parents of minor children can correct, update and/or delete personal information or 'opt-in' permission from our database at any time.

• If you would like your personal information or that of your minor child modified or removed from the Ganong database please write to us at Ganong, Attn: Internet Administrator.

Ganong Bros., Limited
One Chocolate Drive
St. Stephen, NB
Canada  E3L 2X5

Summary

As in our other business operations, Ganong approaches our communications on the Internet with respect for, and commitment to, individual privacy rights, concern, and respect for the different sensibilities of our consumers. We support active self-regulation of this new environment to ensure that responsible marketers can maintain the right to use all communication media to interact with its consumers.