Terms and Conditions

THE PRODUCTS OR SERVICES MENTIONED IN THIS WEBSITE ARE INTENDED FOR AMERICAN AND CANADIAN CONSUMERS ONLY WHERE SPECIFIED AND THE CLAIMS MADE HERE RELATE SOLELY TO THE PRODUCTS AND SERVICES SOLD OR PROVIDED BY DARE FOODS INC.

Your use of this web site constitutes your agreement with Dare Foods Inc. to be bound by, and to act in accordance with, these terms of use ("Terms of Use").

RESTRICTIONS ON USE

This site is owned and operated by Dare Foods Inc. and contains material which is derived in whole or in part from material supplied by Dare Foods Inc. and its parent company, affiliates or subsidiaries. All material is protected by international copyright and trademark laws. Unless expressly authorized by Dare Foods Inc., you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software. You may download material from this site for your personal, non-commercial home use only, provided you keep intact all trademark, copyright and other proprietary notices. The use of any such material on any other website or computer network without Dare Foods Inc.'s written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this web site in any manner other than as authorized in these terms and conditions, or as authorized in writing by Dare Foods Inc. is strictly prohibited.

LICENSE TO DARE FOODS INC.

By posting messages, uploading files, inputting data or submitting comments, suggestions, graphics, ideas and other information or material to Dare Foods Inc. through this web site, you are granting Dare Foods Inc. a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication;
Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing rights shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any applicable jurisdiction. Any information provided by you shall be considered non-confidential and non-proprietary.

If this site offers you the opportunity to send eCARDS, this license does not extend to the personalized content of any eCARDS that you might send through this site.

DISCLAIMER

Dare Foods Inc. may provide links and pointers to internet sites maintained by third parties or this site may be located on a third party web site. Neither Dare Foods Inc., its parent or subsidiary companies nor their respective affiliates operate or control in any respect any information, products or services on these third-party sites. The inclusion of a link or the location of this site does not imply any direct or indirect endorsement by Dare Foods Inc. of that site. The materials in this site and any third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Dare Foods Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Dare Foods Inc. does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. Dare Foods Inc. does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Dare Foods Inc.) assume the entire responsibility and cost of all necessary maintenance, repair or correction.

This web site is directed only to American consumers for products and services of Dare Foods Inc. This web site is not directed to any other consumers outside Canada and the United States.

POSTINGS

This web site may include eCARDS, bulletin boards and/or chat rooms (collectively the "Communications") allowing you to send messages to third parties or to interact with other users in real time. Dare Foods Inc. does not control the messages, information or files delivered through the Communications. It is a condition of your use of these Communications and this web site generally that you agree not to:

Restrict or inhibit any other user from using and enjoying the Communications.
Post, send or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, national or international law.
Post, send or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary rights or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
Post, send or transmit any information, software or other material which contains a virus or other harmful component.
Post, send, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.

You understand and acknowledge that Dare Foods Inc. may from time to time monitor or review discussions, chats, posting and other transmissions on this web site. However, Dare Foods Inc. has no obligation to monitor the content of the Communications and assumes no responsibility for libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to or from any such locations on this web site. Dare Foods Inc. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to send or to remove any information or materials, in whole or in part, that in Dare Foods Inc.'s sole discretion are objectionable or in violation of these terms and conditions. Notwithstanding anything else contained herein, your sole and exclusive remedy for Dare Foods Inc.'s action is to discontinue using Dare Foods Inc.'s site.

CONTINUING AGREEMENT

We may change or revise these Terms of Use from time to time by updating this posting. Please visit this area each time you visit the web site to keep up to date with the current terms regarding your use of the web site. Your use of the web site reaffirms your continuing agreement to the then-current Terms of Use.

TERMINATION

This agreement is effective until terminated by Dare Foods Inc. at any time without notice. In the event of termination, you are no longer authorized to send eCARDS and the restrictions imposed on you with respect to material downloaded from the bulletin boards, the disclaimers and limitations of liability set forth in this agreement, shall survive indefinitely.

OTHER

This agreement shall be governed by and construed in accordance with the laws of the United States applicable therein, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Contact Dare Foods Inc. with questions or problems with this service.