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TERMS AND CONDITIONS OF USE
THIS WEBSITE IS OWNED AND OPERATED BY MCCORMICK & COMPANY, INCORPORATED (“MCCORMICK”). PLEASE READ THIS AGREEMENT CAREFULLY. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEBSITE (THE “SITE”). BY USING THE SITE OR OTHERWISE ACCEPTING THESE TERMS AND CONDITIONS OF USE, YOU AGREE TO BE BOUND BY THEM.
This agreement (”Agreement”) governs your use of the Site, the transactions you make on the Site, and your access to and use of the content, postings, links, pages, services, products, features, and/or other materials offered on the Site and any other sites McCormick may make available and that link to or otherwise incorporate these Terms and Conditions of Use (which, collectively, constitute the “Services”). By accessing any of the Services, you agree you are bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules that may be published by McCormick on the Site. All these rules are incorporated into this Agreement by this reference. If you do not understand or agree to be bound by this Agreement, please do not access the Site or our Services.
OWNERSHIP. All software, content and materials used or appearing on the Site are the exclusive property of McCormick or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property rights laws. No copying, sale or exploitation of material from the Services is permitted without the prior written consent of McCormick and any other applicable copyright owner. You do not acquire any ownership rights by virtue of downloading material from the Services. If we request or permit the submission of your opinions, product ratings or reviews, ideas, suggestions, or feedback (collectively, “Feedback”), you grant McCormick a worldwide, irrevocable, non-exclusive, royalty-free, transferable, sub-licensable, perpetual license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense and otherwise use your submissions in any manner whatsoever for any or all commercial or non-commercial purposes, with or without attribution to you or any other party. You represent that all Feedback submitted by you is owned solely by you or that you have the necessary approvals and permissions to grant the license described above, and that the license grant does not violate applicable law or the intellectual property rights or other rights of others. You acknowledge that prior to making the submission, you may be required to sign an agreement prepared by McCormick that confirms those representations and licenses.
INDIVIDUAL USE. You are only authorized to visit, view and to retain copies of pages of this Site solely for your own individual use. You may not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than for your own individual use unless authorized by McCormick in writing.
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. You may not use the Services to transmit material that: (i) is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner; (ii) reveals trade secrets, unless you own them or have the permission of the owner; or (iii) infringes on any intellectual property rights of others or violates the privacy or rights of publicity of others.
YOUR CONDUCT. When using the Site and the Services, you agree to:
comply with all applicable laws, rules, and regulations;
not take any action that interferes with the proper working of the Site or the Services, compromises the security of the Site or the Services, or otherwise damages the Site or the Services or any materials and information available through the Site or the Services;
not solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others;
not attempt to gain unauthorized access to any portion or feature of the Site or the Services, to any other systems or networks connected to the Site or the Services, to any of our servers, or to any of the services offered on or through the Site or the Services, including but not limited to by hacking, password “mining”, or any other unauthorized means;
not probe, scan, or test the vulnerability of the Site or the Services or any network connected to the Site or the Services;
not attempt to breach the security or bypass the authentication measures on the Site or the Services or any network connected to the Site or the Services;
not upload any viruses or other malicious code to the Site or the Services;
not use the Site or the Services, or any service or information made available or offered by or through the Site or the Services, in any way where the purpose is to reveal any information, other than your own information or information that we make available to you through the Site or the Services; and
not use any automated means to collect information or content from or otherwise access the Site or the Services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.
We may allow or require that you create an account to access or use some or all of Services. By creating an account, you agree to: (a) provide accurate and current information; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information that is false, inaccurate, or deceptive, as determined in our sole discretion, we may suspend or terminate any account you establish, decline to provide you with the Services, and/or refuse any or all current or future use of the Site or Services or any portion thereof. If you create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your account and password with anyone. You agree that you are responsible for all activities that occur under your account or password, even if not authorized by you. You must notify us immediately of any breach of security or unauthorized use of your account.
ELECTRONIC COMMUNICATIONS. When you use the Site or Services, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with the Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the Services or, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the Site or Services. You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices or to withdraw your consent for McCormick to use electronic records to provide you with information that is required by law to be in writing. To inquire about or exercise the rights you may have, contact us via the channels listed below. You confirm that you have the ability to access and retain e-mails.
RIGHT TO REVISE THIS AGREEMENT. McCormick has the right at any time to revise and to otherwise modify this Agreement, and to impose new or additional terms or conditions (collectively, “Additional Terms”) on your use of the Services. Such Additional Terms are effective immediately and are incorporated into this Agreement when posted by McCormick to the Site. Use of the Site following such notice indicates your acceptance of all such Additional Terms.
REVISION/TERMINATION OF THE SERVICES. McCormick has the right, at any time, to modify or discontinue, temporarily or permanently, the Services, and/or to refuse or restrict anyone from access to any of the Services, with or without notice and in its sole discretion. McCormick shall not be liable for any modification, suspension or discontinuance of any Services.
MCCORMICK MAKES NO WARRANTIES.YOU USE THE SITE AND SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. McCORMICK DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, McCORMICK DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THE CONTENT IS ILLEGAL IS EXPRESSLY PROHIBITED.
Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY LAW, McCORMICK IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF McCORMICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN, TO THE FULLEST EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF McCORMICK FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250).
Some jurisdictions do not allow limitations on damages. In the event the applicable jurisdiction does not allow the limitation on liability to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.
CHOICE OF LAW. The Services are controlled by McCormick from within the State of Maryland, USA. By accessing the Services, you agree that the laws of the State of Maryland, USA govern all matters relating to this Agreement, and the use, or inability to use, the Services, and that such laws will apply without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction and venue of the State and Federal courts in Maryland, USA. Regardless of any law to the contrary, any claim or cause of action related to the Services must be commenced within one (1) year after such claim or cause of action arose or be forever barred.
MISCELLANEOUS TERMS. This Agreement constitutes the entire agreement between you and McCormick with respect to the subject matter addressed herein, and governs your use of the Site and Services, superseding any prior agreements between you and McCormick relating to such subject matter. This Agreement may be supplemented by any other agreement you enter into with McCormick pursuant to a registration to access certain features of the Site. The failure of McCormick to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal effect. McCormick’s Services are not intended for use by or availability to minors.