{"id":4380,"date":"2019-01-18T01:41:03","date_gmt":"2019-01-18T01:41:03","guid":{"rendered":"http:\/\/www.veggiesmadeeasy.com\/canada\/?page_id=4380"},"modified":"2019-12-26T22:42:28","modified_gmt":"2019-12-26T22:42:28","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/veggiesmadeeasy.com\/canada\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"<p>Terms of Use<\/p>\n<p>These Terms of Use govern your use of the Veggies Made Easy website located at veggiesmade.wpenginepowered.com (the \u201cSite\u201d) provided by Mann Packing Co., Inc. (\u201cMann\u2019s\u201d). You automatically agree to these Terms and to our\u00a0<a href=\"http:\/\/veggiesmadeeasy.com\/privacy-policy\/\"><u>Privacy Policy<\/u><\/a>\u00a0simply by using the Site or any of the services we offer on the Site.<\/p>\n<p><strong>PLEASE NOTE THAT SECTION 12 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND MANN\u2019S MAY BE RESOLVED.<\/strong><\/p>\n<ol>\n<li><strong> Modifications and Termination<\/strong><\/li>\n<\/ol>\n<p>We reserve the right to modify the Site at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you do not like any changes, you can stop using the Site at any time.<\/p>\n<ol start=\"2\">\n<li><strong> Your Account<\/strong><\/li>\n<\/ol>\n<p>You may be required to create an account and specify a password in order to make purchases or use certain features on the Site. To create an account, you must be at least 18 years old and you must provide truthful and accurate information. Do not try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.<\/p>\n<p>You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please contact us at privacyofficer@freshdelmonte.com.<\/p>\n<ol start=\"3\">\n<li><strong> Content You Post<\/strong><\/li>\n<\/ol>\n<p>We may provide opportunities for you to post text, photographs, videos, or other content (collectively, \u201cContent\u201d) on the Site. You may only post Content if you own all the rights to that Content, or if you have permission from other people who own the rights.<\/p>\n<p>You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant Mann\u2019s, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. This license continues even if you stop using our Site.<\/p>\n<p>You agree to indemnify Mann\u2019s against any all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post.<\/p>\n<ol start=\"4\">\n<li><strong> Content Posted by Others<\/strong><\/li>\n<\/ol>\n<p>We are not responsible for, and do not endorse, Content posted by any other Site visitor. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.<\/p>\n<ol start=\"5\">\n<li><strong> Your Use of the Site<\/strong><\/li>\n<\/ol>\n<p>Please do not use the Site in a way that violates any laws, infringes anyone\u2019s rights, is offensive, or interferes with the Site or any features on the Site (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Site, and take appropriate legal actions.<\/p>\n<p>Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Site unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.<\/p>\n<ol start=\"6\">\n<li><strong> Non-Confidential Information<\/strong><\/li>\n<\/ol>\n<p>We do not accept any unsolicited suggestions for product uses, improvements, new product ideas, marketing ideas, or recipes from people outside of our company. We may already be working on a similar idea, and this policy eliminates potential conflicts regarding ownership of the concept.<\/p>\n<p>Any materials, information, or ideas you send us or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Mann\u2019s for any purpose whatsoever.<\/p>\n<ol start=\"7\">\n<li><strong> Mann\u2019s Trademarks and Copyrights<\/strong><\/li>\n<\/ol>\n<p>All trademarks, logos, and service marks displayed on the Site are registered and unregistered trademarks of Mann\u2019s and\/or third parties who have authorized their use (collectively the \u201cTrademarks\u201d). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials on the Site are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.<\/p>\n<ol start=\"8\">\n<li><strong> Copyright Protection<\/strong><\/li>\n<\/ol>\n<p>Mann\u2019s, pursuant to 17 U.S.C. \u00a7 512, the Digital Millennium Copyright Act (the \u201cDMCA\u201d), has implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. Mann\u2019s accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.<\/p>\n<p>If you believe any Content on the Site infringes your copyrights, you may request that we remove the Content from the Site (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information:<\/p>\n<ul>\n<li>Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.<\/li>\n<li>Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.<\/li>\n<li>Your name, address, telephone number, and e-mail address.<\/li>\n<li>A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.<\/li>\n<li>A statement that the information that you have supplied is accurate, and indicating that \u201cunder penalty of perjury,\u201d you are the copyright owner or are authorized to act on the copyright owner\u2019s behalf.<\/li>\n<li>A signature or the electronic equivalent from the copyright holder or authorized representative.<\/li>\n<\/ul>\n<p>Send this information to us by mail or e-mail:<\/p>\n<p>Attention:\u00a0 Privacy Officer<\/p>\n<p>Mann Packing Co., Inc.<\/p>\n<p>c\/o Del Monte Fresh Produce Company<\/p>\n<p>241 Sevilla Avenue<\/p>\n<p>Coral Gables, Florida 33114-9222 USA<\/p>\n<p>Email: privacyofficer@freshdelmonte.com<\/p>\n<p>Once notification in accordance with the above is received by the Designated Agent, it is Mann\u2019s policy to: (a) remove or disable access to the Content; (b) notify the provider of the Content or user of the Site that it has removed or disabled access to such Content; and (c) terminate repeat infringers\u2019 access to the Site.<\/p>\n<p>If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to Mann\u2019s Designated Agent within thirty (30) days of the date the Content was removed from the Site. A counter-notification must be a written communication that includes substantially the following:<\/p>\n<ul>\n<li>Identification of the material that has been removed or disabled and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.<\/li>\n<li>Your name, address, telephone number, and e-mail address.<\/li>\n<li>A statement \u201cunder penalty of perjury\u201d that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.<\/li>\n<li>A signature or the electronic equivalent of the person submitting the counter-notification.\\<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p>Upon receipt of a counter-notification in accordance with the above, Mann\u2019s shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform Mann\u2019s that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Site. If Mann\u2019s receives such notification within ten (10) business days, Mann\u2019s shall not replace the removed Content or cease disabling access to it. If Mann\u2019s does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Site, then Mann\u2019s shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.<\/p>\n<p>In accordance with the DMCA and other applicable law, Mann\u2019s may, in appropriate circumstances, at Mann\u2019s sole discretion, terminate access to the Site of any user that Mann\u2019s finds to be a repeat infringer. Mann\u2019s reserves the right to define the criteria by which Mann\u2019s will determine that a user is a \u201crepeat infringer.\u201d In the event that \u201crepeat infringer\u201d is defined by statute, law, or regulation as applicable to 17 USC \u00a7 512, Mann\u2019s will adopt that definition as a minimum standard. Without limiting Mann\u2019s right to define \u201crepeat infringer,\u201d as a general rule, Mann\u2019s will define a \u201crepeat infringer\u201d as any person or entity about whom Mann\u2019s has received three or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. Mann\u2019s will take into account all relevant facts and circumstances when determining whether termination of access and\/or use privileges of a \u201crepeat infringer\u201d is appropriate.<\/p>\n<p>If you believe that a user is a repeat infringer, please follow the instructions above to contact Mann\u2019s Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.<\/p>\n<ol start=\"9\">\n<li><strong> Social Networks<\/strong><\/li>\n<\/ol>\n<p>The Site may include features that operate in conjunction with certain third party social networking websites that you visit, such as Facebook, Pinterest, Instagram, YouTube, and Twitter (\u201cSocial Network Features\u201d). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.<\/p>\n<ol start=\"10\">\n<li><strong> Our Warranties and Disclaimers<\/strong><\/li>\n<\/ol>\n<p>We provide the Site using a commercially reasonable level of care, but there are certain things that we cannot guarantee.<\/p>\n<p>OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, MANN\u2019S DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SITE. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SITE, THE SPECIFIC FUNCTIONS OF THE SITE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITE \u201cAS IS.\u201d<\/p>\n<p>SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.<\/p>\n<ol start=\"11\">\n<li><strong> Liability for our Services<\/strong><\/li>\n<\/ol>\n<p>EXCEPT WHERE PROHIBITED, MANN\u2019S SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY\u2019S USE OF THE SITE. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF MANN\u2019S HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.<\/p>\n<ol start=\"12\">\n<li><strong> Disputes<\/strong><\/li>\n<\/ol>\n<p><strong>You agree that agree that any dispute or claim arising out of your use of the Site or any products sold on the Site, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.<\/strong><\/p>\n<p><strong>There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms of Use.<\/strong><\/p>\n<p>Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (\u201cJAMS\u201d), pursuant to the most-current\u00a0<a href=\"https:\/\/www.jamsadr.com\/rules-streamlined-arbitration\/\">JAMS Streamlined Arbitration Rules &amp; Procedures<\/a>, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the \u201cMinimum Standards\u201d), the Minimum Standards in that regard will apply.<\/p>\n<p>Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.<\/p>\n<p><strong>We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.<\/strong>\u00a0If for any reason a claim proceeds in court rather than in arbitration,\u00a0<strong>we each waive any right to a jury trial<\/strong>. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.<\/p>\n<ol start=\"13\">\n<li><strong> Additional Details<\/strong><\/li>\n<\/ol>\n<p>We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to the Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Site.<\/p>\n<p>The Site may contain links to third-party websites. That does not mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Site may contain ads from third parties. We do not control or endorse any products being advertised.<\/p>\n<p>When you use a Site or send communications to us through a Site, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of the Site from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Mann\u2019s to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.<\/p>\n<p>If you do not comply with these Terms, and we do not take action right away, that does not constitute a waiver, and we not are giving up any rights that we may have (such as taking action in the future).<\/p>\n<p>These Terms are governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Site resides in the courts located in Miami-Dade County, Florida, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.<\/p>\n<p>The Site is not intended to be used by people who are under 13 years old.<\/p>\n<p>Last updated: December 16, 2019<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Terms of Use These Terms of Use govern your use of the Veggies Made Easy website located at veggiesmade.wpenginepowered.com (the \u201cSite\u201d) provided by Mann Packing Co., Inc. (\u201cMann\u2019s\u201d). You automatically agree to these Terms and to our\u00a0Privacy Policy\u00a0simply by using the Site or any of the services we offer on the Site. PLEASE NOTE THAT [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_relevanssi_hide_post":"","_relevanssi_hide_content":"","_relevanssi_pin_for_all":"","_relevanssi_pin_keywords":"","_relevanssi_unpin_keywords":"","_relevanssi_related_keywords":"","_relevanssi_related_include_ids":"","_relevanssi_related_exclude_ids":"","_relevanssi_related_no_append":"","_relevanssi_related_not_related":"","_relevanssi_related_posts":"","_relevanssi_noindex_reason":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"class_list":["post-4380","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.5 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Terms of Use - Mann\u2019s Fresh Vegetables \u2013 Canada<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/veggiesmadeeasy.com\/canada\/terms-of-use\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms of Use - Mann\u2019s Fresh Vegetables \u2013 Canada\" \/>\n<meta property=\"og:description\" content=\"Terms of Use These Terms of Use govern your use of the Veggies Made Easy website located at veggiesmade.wpenginepowered.com (the \u201cSite\u201d) provided by Mann Packing Co., Inc. 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