{"id":2687,"date":"2021-08-07T15:49:54","date_gmt":"2021-08-07T19:49:54","guid":{"rendered":"https:\/\/dare.harbingerideas.com\/?page_id=2687"},"modified":"2025-03-25T15:24:24","modified_gmt":"2025-03-25T19:24:24","slug":"dare-foods-terms-of-use","status":"publish","type":"page","link":"https:\/\/www.darefoods.com\/dare-foods-terms-of-use\/","title":{"rendered":"DARE FOODS TERMS OF USE"},"content":{"rendered":"\n<div class=\"wp-block-dare-website-col col-xs-12 col-sm-12 col-md-6\" style=\"background-color:transparent\">\n<h2 class=\"wp-block-heading\">DARE FOODS TERMS OF USE<\/h2>\n\n\n\n<p><\/p>\n<\/div>\n\n\n\n<p><strong>THE PRODUCTS OR SERVICES MENTIONED IN THIS SITE ARE INTENDED FOR CANADIAN CONSUMERS, AND AMERICAN CONSUMERS ONLY WHERE SPECIFIED, AND THE CLAIMS MADE HERE RELATE SOLELY TO THE PRODUCTS AND SERVICES SOLD OR PROVIDED BY DARE FOODS LIMITED. NOTE: THESE TERMS INCLUDE A WAIVER OF THE RIGHT TO A JURY TRIAL.<\/strong><\/p>\n\n\n\n<p>THESE TERMS OF USE (THE&nbsp;<strong>\u201cTERMS\u201d<\/strong>) ARE A LEGAL CONTRACT BETWEEN YOU AND&nbsp;<strong>DARE FOODS LIMITED <\/strong>&nbsp;(THE&nbsp;<strong>\u201cCOMPANY\u201d, \u201cWE,\u201d<\/strong>&nbsp;<strong>\u201cUS\u201d<\/strong> or <strong>\u201cdare foods\u201d<\/strong>). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THIS WEBSITE (THE&nbsp;<strong>\u201cSITE<\/strong>\u201d).&nbsp; YOU AGREE TO BE BOUND BY THESE TERMS UPON THE EARLIER OF: (A) VISITING THIS SITE; (B) CLICKING THE \u201cACCEPT\u201d OR \u201cAGREE\u201d SELECTOR ASSOCIATED WITH THESE TERMS; OR (C) ORDERING, PAYING FOR, RECEIVING OR USING ANY PRODUCT OR SERVICE THAT WE MARKET THROUGH THIS SITE.&nbsp; BY USING THIS SITE YOU ARE AGREEING TO ALL THE TERMS HEREIN AND THE PRIVACY POLICY, WHICH IS POSTED AT THE SITE AND INCORPORATED INTO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. &nbsp;<\/p>\n\n\n\n<p>By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a&nbsp;\u201c<strong>Minor<\/strong>\u201d), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent\u2019s or legal guardian\u2019s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the Company or the Site.<\/p>\n\n\n\n<p><strong>RESTRICTIONS ON USE<\/strong><\/p>\n\n\n\n<p>This Site, owned and operated by Dare Foods, contains material which is derived in whole or in part from material supplied by Dare Foods and its parent company, affiliates or subsidiaries. All material is protected by international copyright and trade-mark laws and other intellectual property laws. Unless expressly authorized by Dare Foods, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market or commercialize in any way any material from this Site including code and software. You may download material from this site for your personal, non-commercial home use only, provided you keep intact all trademark, copyright and other proprietary notices. The use of any such material on any other website or computer network without Dare Foods\u2019 written consent is strictly prohibited. Your use of the trademarks, service marks, trade names, images, content and works on this Site in any manner other than as authorized in these terms and conditions, or as authorized in writing by Dare Foods is strictly prohibited. Your violation of any of the restrictions in this Section may subject you to penalties and liabilities under copyrights laws, trademark laws, intellectual property laws, and civil and criminal statutes.<\/p>\n\n\n\n<p><strong>PRIVACY POLICY<\/strong><\/p>\n\n\n\n<p>Please review our Privacy Policy, which is available at the Site, incorporated into these Terms and explains how we use information that you submit to us.<\/p>\n\n\n\n<p><strong>LICENSE TO DARE FOODS LIMITED<\/strong><\/p>\n\n\n\n<p>By posting messages, uploading files, inputting data or submitting comments, suggestions, graphics, ideas and other information or material to Dare Foods through this Site, you are granting Dare Foods a royalty-free, irrevocable perpetual, non-exclusive, unrestricted, worldwide licence to:<\/p>\n\n\n\n<p>1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication;<br>2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.<\/p>\n\n\n\n<p>The foregoing rights shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any applicable jurisdiction. Any information provided by you shall be considered non-confidential and non-proprietary. &nbsp;To the extent such communication includes personally-identifiable information, Dare\u2019s right to disclose and use such information will be subject to the provisions of the Privacy Policy and the requirements of applicable law.&nbsp;<\/p>\n\n\n\n<p><strong>DISCLAIMER<\/strong><\/p>\n\n\n\n<p>DARE FOODS LIMITED MAY PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES OR THIS SITE MAY BE LOCATED ON A THIRD PARTY WEBSITE. NEITHER DARE FOODS LIMITED, ITS PARENT OR SUBSIDIARY COMPANIES NOR THEIR RESPECTIVE AFFILIATES OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD-PARTY SITES. THE INCLUSION OF A LINK OR THE LOCATION OF THIS SITE DOES NOT IMPLY ANY DIRECT OR INDIRECT ENDORSEMENT BY DARE FOODS LIMITED OF THAT SITE. THE MATERIALS IN THIS SITE AND ANY THIRD-PARTY SITES ARE PROVIDED &#8220;AS AVAILABLE&#8221; AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DARE FOODS LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SUCH AS QUEBEC, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. DARE FOODS LIMITED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DARE FOODS LIMITED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.&nbsp;<\/p>\n\n\n\n<p>This Site is directed only to Canadian consumers for products and services of Dare Foods and to American consumers where expressly specified in content, for products and services in Canada. This Site is not directed to any other consumers outside Canada and the United States, but may be used by said foreign residents at the consumer\u2019s sole discretion. Dare Foods controls and operates this Site from its headquarters in Cambridge, Ontario, Canada, and makes no representation that these materials are appropriate or available for use in other locations outside of Canada. International inquiries are best addressed to Dare Foods\u2019 local affiliates in your respective country or jurisdiction outside of Canada.<\/p>\n\n\n\n<p><strong>SECURITY<\/strong><\/p>\n\n\n\n<p>You are responsible for all activities that occur under any user accounts provided by us.&nbsp; You may be required to choose a password and a user name.&nbsp; Access to and use of any password-protected or secure areas of the Site are restricted to authorized users only. You agree not to share your passwords, account information, or secured access to the Site with any other person. You are responsible for maintaining the confidentiality of passwords and account information, and you are responsible for all activities that occur through the use of your passwords or accounts or as a result of your access to the Site. You agree to notify us immediately of any use of your passwords or accounts that you did not authorize or that violates these Terms.&nbsp;<\/p>\n\n\n\n<p><strong>CONTENT POSTED BY YOU<\/strong><\/p>\n\n\n\n<p>We may provide various open communication tools on the Site, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc.&nbsp; You understand that it might not be feasible for us to pre-screen or monitor all content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to the Site, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, submit, share, or otherwise distribute any content that:<\/p>\n\n\n\n<ul>\n<li>is illegal, threatening, defamatory, abusive, harassing, bullying, degrading, intimidating, fraudulent, deceptive, invasive, racist, sexist, hateful or offensive, or contains any type of suggestive, inappropriate, or explicit language or images;<\/li>\n\n\n\n<li>infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;<\/li>\n\n\n\n<li>contains any type of unauthorized or unsolicited advertising; or<\/li>\n\n\n\n<li>impersonates any person or entity, including any of our employees or representatives.<\/li>\n<\/ul>\n\n\n\n<p>It might not be feasible for us to screen or monitor all content that you or others may share or submit on or through the Site.&nbsp; However, we reserve the right to review the Site and content and to monitor all use of, and activity on, the Site, and to remove or reject any content in our sole discretion.&nbsp; Dare Foods reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to send or to remove any information or materials, in whole or in part, that in Dare Foods&#8217; sole discretion are objectionable or in violation of these Terms. Notwithstanding anything else contained herein, your sole and exclusive remedy for Dare Foods\u2019 action is to discontinue using Dare Foods\u2019 Site to the extent permitted by applicable law.<\/p>\n\n\n\n<p><strong>U.S. Copyright Infringement \u2013 Digital Millennium Copyright Act<\/strong><\/p>\n\n\n\n<p>If the Site enables you or others to share or submit content, we recognize the risk that such content could cause copyright infringement.&nbsp; The United States Copyright Act (<strong>\u201cUS Copyright Act\u201d<\/strong>) provides service providers like us with a limitation of liability regarding any such infringement.&nbsp; Accordingly, pursuant to 17 U.S.C. \u00a7 512 of the US Copyright Act, we provide the information and procedures set forth below in this Section.&nbsp;<\/p>\n\n\n\n<p><strong>1. Designated Agent<\/strong><\/p>\n\n\n\n<p>The following is the contact information of our designated agent <strong>(\u201cDesignated Agent\u201d<\/strong>) to receive notices of copyright infringement under the US Copyright Act:<\/p>\n\n\n\n<p>Dare Foods Limited<br>25 Cherry Blossom Rd,<br>Cambridge, Ontario, N3H 4R7, Canada<br>Phone No.: 1-800-668-3273<br>Email: <a href=\"mailto:consumercare@darefoods.com\">consumercare@darefoods.com<\/a><\/p>\n\n\n\n<p><strong>2. Infringement Notice<\/strong><\/p>\n\n\n\n<p>If you or any other party (<strong>\u201cComplaining Party\u201d<\/strong>) concludes that the use or display of any materials or works on the Site is infringing upon any copyrights under the US Copyright Act, the Complaining Party may send a written notice to the Designated Agent (<strong>\u201cInfringement Notice\u201d<\/strong>).&nbsp; The Infringement Notice, to be effective, must include the following:<\/p>\n\n\n\n<ul>\n<li>a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;<\/li>\n\n\n\n<li>identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;<\/li>\n\n\n\n<li>identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such material;<\/li>\n\n\n\n<li>information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted;<\/li>\n\n\n\n<li>a statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and<\/li>\n\n\n\n<li>a statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.<\/li>\n<\/ul>\n\n\n\n<p><strong>3. Takedown<\/strong><\/p>\n\n\n\n<p>Upon receiving an Infringement Notice from a Complaining Party in accordance with Section 2 above, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.&nbsp;<\/p>\n\n\n\n<p><strong>4.&nbsp;Notice of Takedown; Replacement<\/strong><\/p>\n\n\n\n<p>If you are a subscriber of us and we remove or disable access to materials provided by you in accordance with <strong>Section 3<\/strong> above, we will:<\/p>\n\n\n\n<ul>\n<li>take reasonable steps promptly to notify you that we have removed or disabled access to the material;<\/li>\n\n\n\n<li>upon receipt of a counter notification from you (in accordance with Section 5 below), promptly provide the applicable Complaining Party with a copy of the counter notification, and inform such Complaining Party that we will replace the removed material or cease disabling access to it within ten (10) business days; and<\/li>\n\n\n\n<li>replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the counter notice, unless the Designated Agent first receives notice from the applicable Complaining Party indicating that such Complaining Party filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our system or network.<\/li>\n<\/ul>\n\n\n\n<p><strong>5.&nbsp;Counter Notice<\/strong><\/p>\n\n\n\n<p>If you, as a subscriber of us, wish to provide a counter notification, you must provide the counter notification in writing to the Designated Agent.&nbsp; The counter notification, to be effective, must include substantially the following:<\/p>\n\n\n\n<ul>\n<li>your physical or electronic signature;<\/li>\n\n\n\n<li>identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;<\/li>\n\n\n\n<li>a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and<\/li>\n\n\n\n<li>your name, address, and telephone number, and a statement that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the applicable Complaining Party or an agent of such Complaining Party.<\/li>\n<\/ul>\n\n\n\n<p><strong>CONTINUING AGREEMENT<\/strong><\/p>\n\n\n\n<p>We may change or revise these Terms from time to time by updating this posting. Please visit this area each time you visit the Site to keep up to date with the current terms regarding your use of the Site. Your use of the Site reaffirms your continuing agreement to the then-current Terms of Use.<\/p>\n\n\n\n<p><strong>TERMINATION<\/strong><\/p>\n\n\n\n<p>These Terms are effective until terminated by Dare Foods at any time without notice. In the event of termination, you are no longer authorized to use this Site. The restrictions imposed on you with respect to material downloaded from the Site, customized content, recipes, or other information received from your use with this Site, and the disclaimers and limitations of liability set forth in this agreement, shall survive indefinitely. Dare Foods reserves the right to seek all remedies available at law and in equity for violations of these Terms.<\/p>\n\n\n\n<p><strong>INDEMNIFICATION<\/strong><\/p>\n\n\n\n<p>You agree to indemnify, defend, and hold harmless Dare Foods, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys&#8217; fees and court costs, resulting from or arising out of: (a) any information, materials, works or content that you share or submit; (b) your violation of these Terms or any other conditions, rules or terms of use posted for a specific area of the Site or any other online platform of Dare Foods; (c) your violation of applicable law; (d) your violation or infringement of any third party rights, including intellectual property rights and privacy rights; or (e) any activity related to your access to or use of the Site or any related Internet account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account. &nbsp;Upon our request before or after any court judgment, you will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.&nbsp; You will cooperate as fully as reasonably requested in our defense of any such claim.&nbsp; We reserve the right, at our own expense, to assume the exclusive defense and control of any claim otherwise subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.<\/p>\n\n\n\n<p><strong>LIMITATION OF LIABILITY<\/strong><\/p>\n\n\n\n<p>TO THE EXTENT PERMITTED BY APPLICABLE LAW, DARE FOODS AND ITS AFFILIATES WILL NOT BE LIABLE FOR: (A) ANY DAMAGES OR INJURY CAUSED BY THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE; (B) DAMAGE, DESTRUCTION, LOSS OR IMPAIRMENT OF DATA, HARDWARE, COMPUTER SYSTEMS OR COMPUTER NETWORKS LOSS OF OR HARM TO PROPERTY OR DATA ARISING FROM OR RELATING TO YOUR USE OF OR ACCESS TO THE SITE OR ANY RELATED ONLINE PLATFORM OF DARE FOODS; OR (C) ANY DAMAGES OR INJURY (INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, EXTRACONTRACTUAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY ONLINE PLATFORMS OF DARE FOODS, EVEN IF THERE IS NEGLIGENCE ON DARE FOODS OR ITS AFFILIATES OR WHETHER AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.&nbsp; SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND\/OR EXCLUSIONS OF LIABILITY FOR ANY PERSONAL INJURY OR DEATH, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING QUEBEC. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.<\/p>\n\n\n\n<p><strong>ACCESSIBILITY POLICY<\/strong><\/p>\n\n\n\n<p>We are committed to making the content we provide through the Site accessible to individuals with disabilities.&nbsp; If you have a disability and are unable to access any portion of the Site due to your disability (<strong>\u201cIncident\u201d<\/strong>), you agree to: (a) immediately give us written notice of the Incident in accordance with the contact method provided below in these Terms; and (b) include a detailed description of the Incident in your notice.&nbsp; We will accept your notice through a writing submitted by your guardian, caretaker or agent on your behalf.&nbsp; After receiving your notice, we will: (i) promptly investigate the Incident; (ii) promptly resolve the issue causing the Incident if the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques; and (iii) provide you with a reply, setting forth our remedial steps and findings.&nbsp;<\/p>\n\n\n\n<p><strong>EXPORT RESTRICTIONS\/LEGAL COMPLIANCE<\/strong><\/p>\n\n\n\n<p>You may not access, download, use or export the Site, or the content provided on or through the Site, in violation of applicable export laws or regulations. You will not, directly or indirectly, provide or otherwise make available any data, information and resources accessible within the Site (<strong>\u201cTechnical Data\u201d<\/strong>) in violation of any such restrictions, laws or regulations, including laws, restrictions or regulations pertaining to the development, design, manufacture or production of nuclear, chemical or biological weapons or missile technology. As applicable, you will obtain and bear all expenses related to any necessary licenses, authorizations, and\/or exemptions with respect to your own use of the Technical Data.&nbsp; Neither the Technical Data nor the underlying information or technology may be downloaded or otherwise provided, either directly or indirectly, into any country subject to trade sanctions of Canada or the U.S., to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions.&nbsp; By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.&nbsp;<\/p>\n\n\n\n<p><strong>DISPUTE RESOLUTION<\/strong><\/p>\n\n\n\n<p><strong>1. Definitions.<\/strong> For the purposes of these Terms:<\/p>\n\n\n\n<ul>\n<li><strong>\u201cDispute\u201d<\/strong> means any dispute, controversy, claim, or cause of action arising out of or relating to: (a) these Terms, the interpretation thereof, or the breach, termination, applicability or validity of these Terms; (b) the Site or any product or service marketed or sold through the Site; or (c) any other dispute arising out of or relating to the relationship between you and us.<\/li>\n\n\n\n<li><strong><strong>\u201c<\/strong>Our Group<meta charset=\"utf-8\"><strong>\u201d<\/strong><\/strong> means us and our parents, subsidiaries, affiliates, stockholders, directors, officers, employees, agents, suppliers, beneficiaries, assignees, and successors in interest.<\/li>\n\n\n\n<li><strong>\u201cYour Group\u201d<\/strong> means you and those in privity with you, such as your beneficiaries.<\/li>\n\n\n\n<li><strong>\u201cParties\u201d<\/strong> means you and us.<\/li>\n\n\n\n<li><strong>\u201cParty<\/strong>\u201d means either you or us.<\/li>\n<\/ul>\n\n\n\n<p><\/p>\n\n\n\n<p><strong>2.&nbsp;Mediation.<\/strong> If either Party seeks to initiate any legal action against the other Party arising from any Dispute, the Party seeking such legal action shall provide the other Party with written notice of such Dispute, specifying and describing the Dispute in detail.&nbsp; If the Parties fail to resolve such Dispute in writing within thirty (30) days of negotiations after the date of such notice, either Party may provide the other Party with a written decision to initiate such legal action (<strong>\u201cDecision Notice\u201d<\/strong>).&nbsp;<\/p>\n\n\n\n<p><strong>3. Selection of Court of Law or Arbitration.&nbsp;<\/strong>In the case of a Decision Notice provided by either Party, we will have the right to select, at our sole discretion, whether the legal action will occur through a court of law or through binding arbitration.&nbsp; If we do not provide you with our written notice of our selection within ten (10) business days after receiving your Decision Notice, you will have the right to resolve the Dispute solely through binding arbitration, not through a court of law.&nbsp; <\/p>\n\n\n\n<p><strong>4. Court of Law.&nbsp; <\/strong>If any Dispute is to be resolved by a court of law in accordance with Section 3 above, the terms of this Section will apply.&nbsp; The governing law will be the Laws of Province of Ontario, Canada and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. &nbsp;The Provincial and Federal courts located in Ontario, Canada will have sole and exclusive jurisdiction over such Dispute.&nbsp; Your Group and Our Group each hereby waives all claims of immunity from such jurisdiction.&nbsp; The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.&nbsp; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH MEMBER OF YOUR GROUP AND OUR GROUP HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN SUCH DISPUTE.&nbsp; THIS WAIVER WILL BE IRREVOCABLE AND PERPETUAL; PROVIDED, HOWEVER, THAT IF WE INITIATE SUCH DISPUTE BASED ON THE INFRINGEMENT OF OUR INTELLECTUAL PROPERTY RIGHTS, WE WILL RETAIN THE RIGHT TO TRIAL BY JURY FOR SUCH DISPUTE.&nbsp; EACH OF YOU AND US UNDERSTANDS AND ACKNOWLEDGES THAT: (A) IN THE ABSENCE OF THIS SECTION, SUCH PARTY WOULD HAVE HAD A RIGHT TO LITIGATE ACTIONS THROUGH A JURY TRIAL; AND (B) THIS WAIVER IS A SUBSTANTIVE PROVISION BARGAINED BY YOU AND US AS CONSIDERATION FOR ENTERING INTO THESE TERMS.&nbsp;&nbsp;<\/p>\n\n\n\n<p><strong>5. Arbitration.&nbsp;<\/strong>If any Dispute is to be resolved by arbitration in accordance with Section 3 above, the terms of this Section will apply.<\/p>\n\n\n\n<ul>\n<li><strong>No Lawsuit.&nbsp; <\/strong>No member of Our Group or Your Group will submit the applicable Dispute to any court of law.&nbsp; Our Group and Your Group hereby forfeit their right to file and litigate a lawsuit in a court of law relating to such Dispute.&nbsp; You understand that, in the absence of this Section, you would have had a right to litigate disputes through a court, including the right, if any and subject to the rules of your jurisdiction, to litigate claims on a class-wide or class-action basis.&nbsp; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH MEMBER OF YOUR GROUP AND OUR GROUP HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THOSE RIGHTS AND ALL RIGHT TO TRIAL BY JURY IN CONNECTION WITH SUCH DISPUTE.&nbsp; EACH SUCH MEMBER AGREES TO RESOLVE SUCH DISPUTE SOLELY THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.&nbsp; NO PART OF THE ARBITRATION WILL BE CONSOLIDATED WITH ANY OTHER ARBITRATION OR CONDUCTED ON A CLASS-WIDE OR CLASS ACTION BASIS.&nbsp; YOU AGREE AND ACKNOWLEDGE THAT SUCH WAIVER IS A SUBSTANTIVE PROVISION BARGAINED BY YOU AND US AS CONSIDERATION FOR ENTERING INTO THESE TERMS.&nbsp;<\/li>\n<\/ul>\n\n\n\n<ul>\n<li><strong>JAMS<\/strong>. The Parties may each provide one another with written notice of any intention to initiate arbitration with respect to any Dispute that is subject to arbitration in accordance with Section 3 above.&nbsp; If the Parties do not amicably resolve or settle such Dispute in writing within thirty (30) days after such notice, the notifying Party will have the right to submit such Dispute to the JAMS alternative dispute provider &nbsp;(<strong>\u201cJAMS\u201d<\/strong>) for binding resolution.&nbsp; Any such Dispute will be resolved exclusively and finally by JAMS.&nbsp; The Parties will agree upon another arbitration forum if JAMS ceases all of its operations.&nbsp; The arbitration will be conducted before a single arbitrator and will be limited solely to the applicable Dispute between you and us.&nbsp;<\/li>\n<\/ul>\n\n\n\n<ul>\n<li><strong>Election of Arbitrator.<\/strong>&nbsp;The Parties will confer after service of written notice of arbitration to select a single, agreed-upon arbitrator to arbitrate the applicable Dispute.&nbsp; If you are unable to agree with us upon an arbitrator within thirty (30) days after the date of such notice, JAMS will assign an arbitrator.&nbsp; Any decision or award rendered in such arbitration proceeding will be final and binding on Our Group and Your Group, and judgment may be entered thereon only in the Provincial and Federal courts located in Ontario, Canada.&nbsp;<\/li>\n<\/ul>\n\n\n\n<ul>\n<li><strong>Substantive Law; Limitations on Award; Place; Language.<\/strong> In the arbitration, the arbitrator will apply the Laws of Province of Ontario, Canada and the laws of Canada applicable therein, excluding their conflict of law principles. The arbitrator will not have the right to award treble damages, punitive damages or attorneys\u2019 fees to the prevailing Party. The location of the arbitration will be in [[Toronto, Canada]], and the arbitration will be conducted in the English language. The United Nations Convention on Contracts for the International Sale of Goods will not apply to the applicable Dispute.<\/li>\n<\/ul>\n\n\n\n<ul>\n<li><strong>JAMS Contact Information. <\/strong>&nbsp;Information may be obtained regarding JAMS at https:\/\/www.jamsadr.com\/ or by calling the phone number or writing to the address specified at such website.&nbsp;<\/li>\n<\/ul>\n\n\n\n<p><\/p>\n\n\n\n<p><strong>OTHER<\/strong><\/p>\n\n\n\n<p><strong>Assignment: <\/strong>You will not assign these Terms, in whole or in part, to any third party.&nbsp; Any purported assignment in violation of this Section will be null and void.&nbsp;<\/p>\n\n\n\n<p><strong>Waiver: <\/strong>Our delay or failure to exercise or enforce any rights or provisions in these Terms will not prejudice or operate to waive such right or provision.<strong><\/strong><\/p>\n\n\n\n<p><strong>Severability:<\/strong> If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.<\/p>\n\n\n\n<p><strong>Language of Agreement:&nbsp; <\/strong>The parties have agreed that these Terms and all related documents be drafted in English. <em>Les parties aux pr\u00e9sentes ont demand\u00e9 et convenu que le pr\u00e9sent contrat et tout document y aff\u00e9rent soient r\u00e9dig\u00e9s en anglais.<\/em><strong><\/strong><\/p>\n\n\n\n<p><strong>Contact Us: <\/strong>You may contact Dare Foods with questions or problems related to the Site or these Terms as follows:<\/p>\n\n\n\n<p>Dare Foods Limited<br>Consumer Care Centre<br>25 Cherry Blossom Rd,<br>Cambridge, Ontario, N3H 4R7, Canada<br>Attention: Legal Department<br>Phone No.: 1-800-668-3273<br>Email: <a href=\"mailto:consumercare@darefoods.com\">consumercare@darefoods.com<\/a><\/p>\n\n\n\n<p><strong>13. POLICY UPDATES<\/strong><\/p>\n\n\n\n<p>The date provided at the beginning of these Terms is the latest revision date of these Terms.&nbsp; To request a prior version of these Terms, please contact us using the contact information provided above. &nbsp;&nbsp;<\/p>\n\n\n\n<p>End of Terms of Use<\/p>\n\n\n\n<p>\u00a9 2021 Dare Foods Limited<\/p>\n\n\n\n<p>_______________________________________________________________<\/p>\n\n\n\n<p><strong>DISCLOSURE OF BAKING PROCESS INFORMATION<\/strong><\/p>\n\n\n\n<p>Made Better is at the heart of Dare Foods, as seen in our commitment to creating high-quality products that meet our consumers\u2019 expectations. As part of this commitment, we want our consumers to know what goes into making our products.<\/p>\n\n\n\n<p>At our Kitchener facility we use leavening agents as part of the baking process \u2013 as all bakers do. Leavening agents cause an expansion in doughs and batters by the release of gases during the baking process. Without leavening agents bakers could not bake. At our facility in Kitchener, ON we use ammonium bicarbonate, a commonly used leavening agent, in our baking process. During the baking process, the leavening agent breaks down into three components: water, carbon dioxide and ammonia. 100% of the ammonia and carbon dioxide evaporate during the baking process, and are removed from the facility via baking exhaust systems.<\/p>\n\n\n\n<p>Environment Canada guidelines require public reporting on the use or production of certain substances, including ammonia. More Information can be viewed here&nbsp;<a href=\"https:\/\/www.darefoods.com\/wp-content\/uploads\/2021\/08\/plan_summary.pdf\" data-type=\"URL\" data-id=\"https:\/\/www.darefoods.com\/wp-content\/uploads\/2021\/08\/plan_summary.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">plan_summary.pdf<\/a>.<\/p>\n\n\n\n<p>The full 2016 report can be found&nbsp;<a href=\"https:\/\/www.darefoods.com\/wp-content\/uploads\/2021\/08\/2016-npri-tra-for-kitchener.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">here.<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>THE PRODUCTS OR SERVICES MENTIONED IN THIS SITE ARE INTENDED FOR CANADIAN CONSUMERS, AND AMERICAN CONSUMERS ONLY WHERE SPECIFIED, AND THE CLAIMS MADE HERE RELATE SOLELY TO THE PRODUCTS AND SERVICES SOLD OR PROVIDED BY DARE FOODS LIMITED. NOTE: THESE TERMS INCLUDE A WAIVER OF THE RIGHT TO A JURY TRIAL. THESE TERMS OF USE [&hellip;]<\/p>\n","protected":false},"author":5,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"singular.php","meta":{"_searchwp_excluded":"1","inline_featured_image":false,"_wp_rev_ctl_limit":""},"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v22.4 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>DARE FOODS TERMS OF USE - Dare Foods<\/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:\/\/www.darefoods.com\/dare-foods-terms-of-use\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"DARE FOODS TERMS OF USE - Dare Foods\" \/>\n<meta property=\"og:description\" content=\"THE PRODUCTS OR SERVICES MENTIONED IN THIS SITE ARE INTENDED FOR CANADIAN CONSUMERS, AND AMERICAN CONSUMERS ONLY WHERE SPECIFIED, AND THE CLAIMS MADE HERE RELATE SOLELY TO THE PRODUCTS AND SERVICES SOLD OR PROVIDED BY DARE FOODS LIMITED. 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