Terms of Use

PLEASE READ THIS FIRST

WhiteWave Foods Company is pleased to provide the information on this Web site. However, by using this site, you agree to abide by the conditions set forth below. These terms apply to all content posted and uploaded on all of our web presences, including all online or social media forums or applications that we administer.

WhiteWave may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

Ownership. All materials displayed or otherwise accessible through the Website, including, without limitation, text, photographs, images, illustrations and code (collectively, "the Content") are protected under Canadian and foreign copyright or other laws, and are owned by WhiteWave, its licensors, or the party accredited as the provider of the Content. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website.

Any use, reproduction, alteration, modification, public performance or display, uploading or posting onto the internet, transmission, redistribution, or other exploitation of the website or of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of WhiteWave.

Submissions. The Website provides features which allow you to post content and messages ("Submissions"). When using any of the features of the Website which allow you to post, upload or make Submissions, it is a condition of your use of the Website that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of WhiteWave imposes an unreasonable or disproportionately large load on WhiteWave website infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation, (iii) post or transmit any Submissions, including, without limitation, articles, images, stories, 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 any intellectual property rights, including, without limitation, copyright, patent, trade secret, trade-mark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder, (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons, (v) post or transmit any Submission which contains a virus or other harmful component, or providing or creating computer viruses, (vi) post or transmit "junk mail", "chain letters", unsolicited mass mailing or "spam", or (vii) use the Website for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contains advertising or which engage in commercial activities and/or sales, or which involve, contests, sweepstakes, barter, advertising, and/or pyramid schemes.

Submissions & License. By posting or uploading Submissions to the Website, you grant WhiteWave a royalty free, perpetual, non exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose, and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of WhiteWave, (ii) consent to your name, address and e mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission, (iii) acknowledge and agree that WhiteWave is not responsible for any loss, damage, or corruption that may occur to your Submissions, and (iv) acknowledge and agree that any Submissions you provide for display on the Website will be considered non-confidential.

No Review of Submissions. WhiteWave will not review Submissions before they are posted. However, WhiteWave reserves the right, in its sole discretion, to edit or remove any Submission that is in violation of this Agreement, or for any other reason. You also acknowledge and agree that WhiteWave may, in its sole discretion, monitor the Website from time to time and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Website properly or to protect itself or other users of the Website.

Not Responsible for Submissions. WhiteWave is not responsible for the content of any Submission. Submissions represent the views and opinions of the person posting the Submission and do not represent the views or opinions of WhiteWave.

While WhiteWave is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the website and terminating the submitting party's right to access and use the Website.

Limited Licence. You are hereby granted the right to access, view and use the Website for your personal, noncommercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content.

Trade-marks. All names, words, titles, phrases, logos, designs, graphics, icons and trade marks displayed on the Website may constitute registered or unregistered trade marks of WhiteWave, or third parties. While certain trade-marks of third parties may be used by WhiteWave under license, the display of third party trade marks on the Website should not be taken to imply any relationship or license between WhiteWave and the owner of said trade-mark or to imply that WhiteWave endorses the wares, services or business of the owner of the said trade-mark. Nothing contained on the Website should be construed as granting you any license or right to use any trade-mark, logo or design of WhiteWave or any third party, without the written permission of WhiteWave or the respective owner of any third-party mark.

Disclaimer. The website and all content is provided "as is." By accessing and using the website you acknowledge and agree that use of the website and the content is entirely at your own risk. WhiteWave makes no representations or warranties regarding the website and the content including, without limitation, no representation or warranty (i) that the website and/or content will be accurate, complete, reliable, suitable or timely, (ii) that any content, including, without limitation, any information, data, software, product or service contained in or made available through the website will be of merchantable quality or fit for a particular purpose, (iii) that the operation of the website will be uninterrupted or error-free, (iv) that defects or errors in the website will be corrected, (v) that the website will be free from viruses or harmful components, and (vi) that communications to or from the website will be secure or not intercepted.

Limitation of liability. Subject to applicable law, in no event shall WhiteWave, its officers, directors, employees, agents, licensors, or their respective successors and assigns, be liable for any special, indirect, incidental or consequential damages of any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if WhiteWave knew of or ought to have known of the possibility of such damages.

In no event shall WhiteWave, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for damages under this agreement, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, exceeding one hundred Canadian dollars (CDN$100.00), even if WhiteWave has been advised or ought to have known of the possibility of such damages.

WhiteWave expressly disclaims any and all liability for the acts, omissions, or conduct of any third-party user of the website, or any sponsor of the website (collectively, "third-party user"). Under no circumstances shall WhiteWave and its officers, directors, employees, agents, licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user, and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any website linked to or from the website.

If you decide to access or use any linked website, or content, materials, software, goods or services from a website linked to the website, you do so entirely at your own risk.

Linking. The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by WhiteWave of the contents of such third party websites. WhiteWave is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website, (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party websites, or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

While WhiteWave encourages links to the Website, it does not wish to be linked to or from any third-party website which (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of WhiteWave or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons, or (ii) contains, posts or transmits 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, trade-mark or other proprietary rights. WhiteWave reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of WhiteWave.

Indemnity. You agree to indemnify, defend and hold harmless WhiteWave and its officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, (ii) your access, use or inability to access or use the Website or any website to which the Website is or may be linked to from time to time, (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the Website, and/or (iv) your violation of any law or regulation.

Security. Please note that information sent or received over the Internet is generally unsecure and WhiteWave cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.

Termination. WhiteWave may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Website. WhiteWave may also terminate your right to access and use the Website, or any part of the Website, if you breach any term or condition of this Agreement.

Governing Law and Jurisdiction. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters.

General. Any consent by WhiteWave to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with WhiteWave that expressly reference this Agreement, this is the entire agreement between you and WhiteWave relating to the matters contained herein.

© 2008 WhiteWave Foods Company. All rights reserved.