Ultima Foods Inc. and its affiliates (collectively “Ultima”) welcome you to this website (the “Website”). Ultima is a company having its head office located at 405 The West Mall, Suite 1000, Toronto, Ontario, M9C 5J1, Canada.
All rights, titles and interests in and to the Website are the exclusive property of Ultima. The Website is protected under applicable intellectual property laws, including, without limitation, the Copyright Act and the Trade-marks Act as well as all other applicable laws pertaining to intellectual property. You are not authorized to (i) copy, amend, reproduce, publicly post, transmit, sell or otherwise exploit or use all or part of the Website content, (ii) use or distribute Website elements for commercial purposes, or (iii) create derivative works or websites using the Website content.
The trademarks, logos, service marks and distinguishing guises displayed on this Website (collectively, the “Trademarks”) are registered Trademarks owned by Ultima or belonging to Ultima by virtue of use under common law, or are otherwise used by Ultima under licence with their owner’s permission. Any reproduction or use of any Trademark without the prior express written consent of Ultima is prohibited. No information or other content on this Website should be construed as directly or indirectly granting any authorization or right whatsoever to use any of the Trademarks without the prior written permission of Ultima or such other party that may own the Trademarks.
You agree not to do the following:
- impersonate or misrepresent your relationship with any person or entity;
- access and/or use sections of the Website or Ultima’s computer systems that are not public;
- attempt to probe, scan, or test the vulnerability of the Website or any related system or network, or breach any security or authentication measures used in connection with the Website or any related system or network;
- modify, move, delete or otherwise add any element to the Website, attempt to decrypt, decompile, disassemble, reverse engineer, use or restrict any of the software used to provide the Website;
- harm or threaten to harm other Website users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus or by means of overloading, flooding, spamming or mailbombing; and
- use the Website in an abusive way contrary to its intended use, the documentation pertaining thereto or Ultima’s reasonable instructions.
Third Party Information and Hyperlinks
Although Ultima monitors the information contained on the Website, some of the information on the Website may be supplied by independent third parties. While Ultima makes every effort to ensure the accuracy of all information contained on the Website, Ultima cannot warrant the accuracy of any such information.
The Website contains links to access other websites that are not under the control of Ultima. These links are provided to you for convenience only, it being understood that Ultima does not endorse any of these other websites. Ultima assumes no liability regarding the content of any website whatsoever to which this Website gives access nor does Ultima make any representation of any kind whatsoever regarding the quality of any product or service offered on such websites.
Ultima assumes no liability and offers no warranty of accuracy, security or otherwise in regards to the content (including opinions) provided by the public on this Website or any other website, nor does it endorse such content.
Subjects related to nutrition or health may be discussed on the Website, but they must not be interpreted as professional advice. Always consult a nutritionist or a health care professional before making any changes to your diet.
Anonymous Information Gathered through the Website
Ultima gathers anonymous information respecting the use of its Website. Thus, Ultima uses various technological tools to know which pages of its Website have been consulted by visitors, to determine the frequency with which hyperlinks are used and to compile statistics on visitors and their use of the Website. This information is gathered by means of an analytical platform (such as: Google Analytics), log files and cookies. This anonymous information is gathered in such a way that Ultima is unable to identify you.
Ultima may post advertisements based on areas of interest on this Website, which is owned by Ultima, as well as on the other websites it operates and on any other third-party websites, using the anonymous information gathered when you consult this Website. Advertising campaigns based on areas of interest, which are sometimes referred to as personalized or targeted advertising campaigns, are displayed based on the anonymous information gleaned from your activities on the Website and from any other websites you may have visited that posted content or advertising campaigns from Ultima.
Generally, you may choose not to receive personalized advertising campaigns from third-party advertisers and advertising networks that are members of the Network Advertising Initiative (NAI) or that subscribe to the Canadian Self-Regulatory Principles for Online Behavioural Advertising by visiting the opt-out page of the websites of the NAI and the Digital Advertising Alliance (DAA). You can also disable Google Analytics for Display Advertising and customize the advertisements displayed on the Google Display Network via the Ads Settings page .
Providing Ultima with your email address or telephone number indicates that you consent to Ultima contacting you by phone or email. This consent authorizes Ultima to send you any information regarding the Website, to inform you of other products, services and opportunities that may interest you and to get your opinion on the quality of the Website.
If you no longer wish to be contacted by Ultima, you may send a written request to Ultima at the following address:
By mail:Ultima Foods Inc.
405 The West Mall, Suite 1000
Communications Directed to Ultima
Please note that Ultima does not solicit nor does it wish to receive any ideas, suggestions, documents or any other information of any kind whatsoever in connection with the development, design, manufacture, modification or marketing of its products or any new product unless it specifically invites the public to submit its ideas in the context of an open innovation challenge that Ultima may organize from time to time.
Please also note that all information (including your ideas) other than personal information that you may provide to Ultima will be considered as non-confidential such that Ultima shall be free to use it for any purpose, including, but without limitation, for the development, creation and marketing of new products.
LIMITATION OF WARRANTY
YOU ACKNOWLEDGE THAT YOU ARE USING THIS WEBSITE AT YOUR OWN RISK AND THAT ALL INFORMATION CONTAINED HEREIN IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULL EXTENT ALLOWED UNDER APPLICABLE LAW, ULTIMA AND ITS SUPPLIERS DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, AND THEY MAKE NO REPRESENTATION AS REGARDS THE WEBSITE, INCLUDING THAT THE WEBSITE WILL MEET YOUR NEEDS OR BE COMPATIBLE WITH EQUIPMENT OR SOFTWARE PROVIDED BY A THIRD PARTY, THAT THE WEBSITE WILL NOT BE INTERRUPTED, THAT IT WILL BE FREE FROM PROBLEMS OR ERRORS OR THAT ALL ERRORS WILL BE CORRECTED. THE INFORMATION ON THE WEBSITE MAY BE OUT OF DATE, AND ULTIMA MAKES NO COMMITMENT WITH RESPECT TO ITS ACCURACY. ULTIMA MAY PERIODICALLY ADD, CHANGE, IMPROVE OR UPDATE THE INFORMATION ON THE WEBSITE WITHOUT NOTICE. ULTIMA MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR REGION. YOU UNDERSTAND THAT ULTIMA CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, COMPUTER WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. ULTIMA DOES NOT REPRESENT OR WARRANT THAT ITS WEBSITE OR EMAILS SENT FROM THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, ULTIMA’S WARRANTIES AND REMEDIES EXPRESSLY SET FORTH HEREIN (IF ANY) ARE EXCLUSIVE AND REPLACE ALL OTHER WARRANTIES, BE THEY EXPLICIT OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, ALL DUTIES, ALL ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, SUITABILITY FOR A PARTICULAR PURPOSE, SATISFACTORINESS, COMPLIANCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL ULTIMA OR ITS AFFILIATES, SUPPLIERS, PARTNERS OR LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR SUPPLIERS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL (INCLUDING LEGAL FEES), DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA, OR FOR ANY OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE WEBSITE, WHETHER OR NOT FORESEEABLE, EVEN IF ULTIMA HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ULTIMA IS FOUND LIABLE TO PAY YOU DAMAGES, ULTIMA’S TOTAL CUMULATIVE LIABILITY TO YOU HEREUNDER SHALL NOT EXCEED CDN$100, UNLESS PROHIBITED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Ultima and its affiliates, suppliers, partners and licensors, and each of their respective directors, officers and employees from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, that are in any way connected to your access to or use of the Website.
Website Access Refusal or Interruption