Last Updated January 2008
USER AGREEMENT FOR MCCAIN FOODS LIMITED OPERATED WEBSITES
WELCOME TO THIS MCCAIN OPERATED WEBSITE!
We've designed our websites to be useful, informative and fun. We hope we've succeeded
— and we hope you'll let us know how we can make them even better.
All we ask in return is that you abide by the Terms and Conditions that follow.
Please read them carefully, because by using our websites you agree to them. If
you do not agree to them, please do not use our websites.
THANKS FOR VISITING!
Copyright © 2001-2008 McCain Foods Limited. All rights reserved.
Except as expressly provided below, you agree not to reuse material from www.mccain.com
or from any other World Wide Website operated by McCain. In particular, you agree
not to copy, distribute, republish, upload, post, or transmit anything unless you
get our written consent — first. The only exceptions are as follows:
As a member of the public, McCain grants to you a 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 websites, for personal,
non-commercial purposes only, provided that:
(a) you do not modify or misrepresent any such content; and
(b) you include with and display on each copy of such content the associated copyright,
trademark or other proprietary notices and this limited license.
That means that we retain full and complete title to the software and to all of
the associated intellectual property rights. So you're not allowed to redistribute
or sell the material — or to reverse-engineer, disassemble, or otherwise convert
it to any other form that people can use. Normal exceptions regarding the reproduction
and redistribution of content authorized for release to the media apply.
No rights are granted with respect to McCain trademarks. Any unauthorized use of
McCain trademarks is strictly prohibited.
No other use is permitted. For example, without the prior written consent of McCain,
you may not, nor may you allow others to, directly or indirectly:
(a) remove, from any copy of the content on our websites, the copyright or other
proprietary notices contained in the content on our websites;
(b) sell, modify or attempt to modify the content of our websites in any way or
reproduce or publicly display, perform or distribute, or otherwise use any content
on our websites for any public, commercial, or non-educational or non-personal purpose,
including, without limitation, use of the content on any other website;
(c) transfer any of the content on our websites to any other person;
(d) except as expressly permitted in the limited license described above, print
or copy any of the HTML or other computer software that is accessible at our websites;
(e) use our websites in any manner that could damage, disable, overburden, impair,
interfere with the security of, negatively affect the functioning of, or otherwise
abuse our sites or any services, system resources, accounts, servers, networks,
affiliated or linked sites, connected to or accessible through our websites (including
without limitation uploading, posting or otherwise transmitting on our sites 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 websites’ 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 websites or the content on our websites in whole or
(f) use or attempt to use another's account, password, or other information in connection
with our websites; create or use a false identity on our websites, or impersonate
any person or entity or otherwise misrepresent your affiliation with any person
or entity; attempt to obtain unauthorized access to our websites; or send to our
websites or McCain any incomplete, false or inaccurate information;
(g) disrupt or interfere with any other person's use or enjoyment of our websites
or affiliated or linked websites, or any services thereof; or
(h) delete or revise any of the content posted on our websites.
Compliance with Law
You agree that you are solely responsible for actions and communications undertaken
or transmitted in the course of your usage of content on our websites, and that
you will comply with all laws that apply or may apply to your use of activities
or content on our websites or in respect of the content on our websites. McCain
will investigate occurrences that may involve violations of such laws, and may involve,
and cooperate with, law enforcement authorities in prosecuting users who are involved
in such violations. McCain reserves the right at all times to disclose any information
regarding your usage of content on our websites as necessary to satisfy any law,
regulation or governmental request.
such terms as govern specific promotions, contests or other programs on our sites)
the entire agreement between you and McCain with respect to the subject matter hereof,
and supersedes all communications, representations or agreements, either oral or
written, between you and McCain or its affiliates with respect to this subject matter.
In the case of any conflict between this User Agreement and the Additional Terms
of Use, this User Agreement shall govern.
Jurisdiction and Choice of Law
Unless otherwise specified, the materials in our websites are presented to provide
information about McCain and its products.
McCain controls and operates its websites from the company's headquarters in Florenceville,
New Brunswick, Canada. If you use our websites from locations outside Canada, you
are responsible for compliance with laws in your jurisdiction.
If any disputes arise between us regarding your use of our websites, such disputes
will be resolved according to the laws of the Province of New Brunswick and the
laws of Canada applicable therein, without giving effect to the principles of conflicts
of law thereof, and the courts of the Province of New Brunswick shall have non-exclusive
jurisdiction over all claims. 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
While we work hard to provide you with the most current and accurate information,
we do not warrant that everything on our websites is error free or complete. McCain
does not warrant the quality, accuracy, timeliness or completeness of any claims,
statements or information on our websites. Further, McCain makes no representations
about the suitability of any of the information contained on our websites for any
ALL INFORMATION, PRODUCTS, MATERIALS, SERVICES AND ADVICE CONTAINED IN OUR WEBSITES
OR PROVIDED BY OUR WEBSITES, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA
SCRIPT, COOKIES, PRODUCTS, AND MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FURTHERMORE,
MCCAIN DOES NOT WARRANT THAT OUR WEBSITES WILL OPERATE ERROR FREE OR THAT OUR WEBSITES
AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL EFFECTS.
Without limiting the foregoing there are no warranties that:
(a) the material is of any particular level of merchantability or fit for a particular
(b) the functional elements contained in the materials will be uninterrupted or
(c) defects will be corrected;
(d) our websites or the servers that make them available are free of viruses or
other harmful components; or
(e) successful results or outcomes will result from properly following any instructions,
directions, or recipes contained in the materials. (We think our recipes are great,
but we have no control over the conditions in your particular kitchen or household.)
In addition to the above, you (and not McCain) assume the entire cost of all necessary
servicing, repair or correction resulting from your use of the McCain websites.
Disclaimer - Linked Sites
We sometimes provide access to other World Wide Websites from our websites. But
we don't endorse or approve any products or information offered at websites you
reach through our websites. We make no representations regarding the content or
accuracy of materials on such websites. If you decide to access linked third-party
websites, you do so at your own risk. Check the Uniform Resource Locator (URL) address
provided in your World Wide Web browser to see if you are still in a McCain-operated
website or have moved to another website.
We do not claim that McCain is legally authorized to use any trademark, trade name,
logo or copyright symbol displayed in or accessible through the links, or that any
linked website is authorized to use any trademark, trade name, logo or copyright
symbol of McCain. You agree that you shall not point or link from a website directly
to content within our websites without the express prior written permission of McCain.
McCain reserves the right to disable links from third party websites to our websites.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MCCAIN, ITS DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES BE LIABLE
FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY
(PUNITIVE) DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE ON OUR WEBSITES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
(a) USE OF (OR INABILITY TO USE) THE WEBSITES;
(b) USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR WEBSITES;
(c) FAILURE OF PERFORMANCE;
(h) DELAY IN OPERATION OR TRANSMISSION;
(i) COMPUTER VIRUS; OR
(j) LINE FAILURE.
KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING:
(a) DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
(b) DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL
(c) OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY
(LEGALLY, "INCIDENTAL DAMAGES").
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES — OR BOTH.
Conditions Governing Submissions or User Generated Content
McCain Foods USA, Inc. is committed to continuously improving our products and other
aspects of our business and therefore we welcome the ideas of persons outside our
company. Our employees are also now developing and in the past have developed numerous
ideas for improving our products and other aspects of our business. Some of our
employees’ ideas, or ideas previously submitted to us by others, may be somewhat
or substantially similar to your idea. Therefore, to avoid possible misunderstandings
concerning the respective rights of you, us and others relative to their respective
ideas and information, we will agree to receive your submission of ideas, suggestions
or other information only on the basis of the following conditions -
1. Subject to any protection which may be provided to you under applicable patent,
industrial design, copyright or other intellectual property legislation, we do not
agree to hold your submission in confidence nor do we agree not to use the disclosed
2. We assume no obligation to do more than consider your submission. We are not
under any obligation to reveal any information to you.
3. No confidential or fiduciary relationship or agreement to compensate you or any
other person is created by reason of our receiving or considering your submission.
4. We receive no right to the subject matter of your submission under any patent,
industrial design, copyright or other intellectual property registration which you
may now have or later acquire unless you and we enter into an agreement to that
5. We will endeavour to but will not be obliged to return to you any material which
you send to us.
6. Any agreement which is reached between you and us concerning any matter must
be signed by one of our duly authorized officers to be binding on us.
7. By making your submission you warrant that the content submitted to us or posted
by you on or through our website is original and that your submission in no way
violates the intellectual property rights or contractual rights of others. You further
agree to pay any royalties, fees, and any other other monies owing or which become
owing to any other person by reason of your submission.
8. These conditions will apply to all submissions which you may make to us or to
any of our related or affiliated companies at any time.
You agree to release, indemnify and hold harmless McCain, its directors, officers,
agents and employees, and such other additional persons to be released and/or indemnified
as identified in the terms, conditions and rules which govern specific promotions,
contests or other programs on our websites (collectively referred to herein as the
"Releasees") from all liability in any way relating to or arising in connection
with your use of our websites including injuries, loss or damage of any kind. You
acknowledge and agree that the Releasees have not made, and are not liable for,
any representation, warranty or condition in respect of our websites.
McCain Foods Limited ("McCain") owns the intellectual property rights in the content
in all underlying programming or has obtained permission of the owner to use the
content. Our websites, including all content on our websites, are protected by copyright
laws. You acknowledge and agree that our websites and the services and software
used in connection with our websites contain proprietary and confidential information
that is protected by applicable intellectual property laws and that your use of
our websites is personal to you and is not assignable. Any copying, reproduction,
modification, publishing, transmission, distribution or other use of the content
on our sites for any purpose that is not authorized under this User Agreement and
for which you do not receive our prior written consent is strictly prohibited.
Our logos, product names, service names and icons (the “McCain Marks”) are trademarks
of McCain. You agree not to display or use in any manner the McCain Marks without
our prior consent. The names and trademarks of companies or products referenced
in our sites may be trademarks of their respective owners. Our display of these
trademarks or tradenames does not convey or create any licence or other rights in
these marks or names. Any unauthorized use of the McCain Marks is strictly prohibited.
Termination of this Agreement
This agreement is effective until terminated by either party. You may terminate
this agreement at any time, by destroying all materials obtained from all McCain
websites, along with all related documentation and all copies and installations.
McCain may terminate the license granted under these terms at any time and without
notice to you if, in its sole judgment, you breach any term or condition of this
agreement. Upon termination, you must destroy all materials and cease using our
websites. Notwithstanding termination, you agree to be bound by these terms with
respect to any previous use of our websites and any materials downloaded.
In addition, by providing material on our websites, we do not in any way promise
that the materials will remain available to you. McCain is entitled to terminate
all or part of any of its websites at any time, without notice to you.
Miscellaneous Points about the Terms and Conditions of this User Agreement
McCain may modify these Terms and Conditions, and the agreement they create, at
any time, simply by updating this posting and without notice to you.
These terms together with any online notices and all additional terms referred to
all the matters that have been discussed in the preceding paragraphs.
Memorandum of Insurance (MOI)
Information regarding a Memorandum of Insurance has been provided by Marsh, an insurance
broker for McCain Foods Group Inc. To access this information, please click here.