The Terms of Service set forth below (sometimes referred to as the "Terms" or the
"Agreement") are the terms and conditions that are applicable to your access and
use of each of the World Wide Web pages contained in all the Web Sites owned, operated
or controlled by Cumberland Packing Corp. or any of its subsidiaries or affiliates
(unless otherwise indicated, collectively referred to as "Cumberland", "we" or "us").
All such Web pages and Web sites will be collectively referred to in these Terms
as the "Web Site." Additional terms and conditions may apply to particular areas
of the Web Site or to particular products or services offered by or through Cumberland
or the Web Site where expressly indicated.
PLEASE READ THESE TERMS CAREFULLY PRIOR TO ACCESSING OR USING THE WEB SITE.
By accessing or using the Web Site, you are accepting the Terms and agreeing to
be legally bound by them, including the Privacy Policy included herein. If you do
not agree to be legally bound by the Terms, you are not permitted to access or use
the Web Site. Cumberland reserves the right to modify, change, add or remove any
or all of the Terms (including the Privacy Policy and any other terms or conditions
relating to the Web Site) at any time in its sole discretion, so please check periodically
for changes. Your continued access and use of the Web Site after Cumberland posts
any such changes will signify your acceptance of the changes.
1. Restrictions on Use of Materials and Access to Web Site. Unless
otherwise noted on the Web Site in connection with a particular area or Material
(as defined below), all content, data, information and materials available on the
Web Site, including without limitation, images, illustrations, designs, icons, photographs,
video and audio clips, text and any other content, data, information or materials
(collectively, the "Materials"), are owned by or proprietary to Cumberland or its
licensors and are protected by applicable copyright, trademark, service mark, trade
dress, patent, trade secret and other available intellectual and proprietary right
laws. Except as expressly authorized by Cumberland, you agree not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, compile or create derivative works from the Materials.
You may, however, download one copy of the Materials on any single computer for
your own internal use only, provided that you retain all copyright and other proprietary
designators in the Materials intact. You may not systematically retrieve any Materials
to directly or indirectly compile or create a collection, compilation, database
or directory, except for your personal, non-commercial home use, without Cumberland's
prior written consent. Except with respect to commercially available applications
commonly known as "web browser" software, you agree not to use any software, program,
application or other device to access or log on to the Web Site, or to automate
the process of obtaining, downloading, transferring or transmitting any Materials.
Cumberland reserves all rights to the Materials, and any other use of the Materials
for any purpose not expressly granted in the Terms or any other applicable written
agreement between Cumberland and you is expressly prohibited. Digital Imagery© on
homepage copyright 2000 PhotoDisc, Inc.
2. Trademark Information.
The following is a list of the trademarks, service marks and/or trade names owned
by or proprietary to us, and we reserve all rights therein throughout the world.
This list is not complete. Those marks followed by a ® symbol are registered trademarks
or service marks of Cumberland in the United States, and certain of the trademarks
or service marks listed may be registered in other countries or jurisdictions. All
other marks are trademarks, service marks or trade names of Cumberland, its subsidiaries,
affiliates or licensors, unless otherwise noted:
SWEET'N LOW®
BUTTER BUDS®
SUGAR IN THE RAW®
Stevia Extract In The Raw®
NU-SALT®
The following is a list of the trademarks, service marks and/or trade names owned
by or proprietary to Stadt Holdings Corporation and used by us under license:
NATRATASTE®
SWEET ONE®
All other trademarks, service marks and trade names used or referenced within our
Web Site are owned by and reserved to their respective owners.
3. Privacy Policy.
We honor your privacy and wish to do everything reasonably in our power to protect
your private, personally identifiable information. To demonstrate our dedication
to respecting your privacy, we have developed this Privacy Policy to disclose what
types of information we may collect from visitors to our Web Site and how we might
use that information.
As described below, some of your personally identifiable information is disclosed
to third parties and used by us and third parties. By using our Web Site, you expressly
consent to our use and disclosure of your personally identifiable information in
the manner disclosed below. Because of the rapidly evolving legal and business environment
surrounding privacy on the Internet, please be aware that Cumberland must reserve
the right to modify this Privacy Policy at any time, in which event we would post
an appropriate notice and provide access to the relevant modifications. Please bear
in mind that this Privacy Policy only addresses our use and disclosure of information
we collect from you. To the extent that you disclose information or data to other
parties or other web sites on the Internet, including web sites that you may reach
through Cumberland's Web Site, different rules or policies may apply.
What Type of Information Do We Collect and What are "Cookies"?
In order to measure the usefulness and efficiency of our Web Site, and in an attempt
to provide a more pleasant and personalized on-line experience, we automatically
track certain information from all visitors to our Web Site. This information is
compiled and analyzed on an aggregated basis, and we do not generally track anyone's
personally identifiable information. The types of information we might track may
include the Internet address that you just came from, which Internet address you
go to, what browser you are using (e.g., Internet Explorer, Netscape), what operating
system you are using (e.g., Windows, Macintosh) and the domain name of your Internet
service provider. We may also track the total number of visitors to our Web Site
in an aggregate form to allow us to update and improve our site, but personally
identifiable information is not extracted in this process.
Like most interactive web sites, we may use "cookies" on certain pages of our Web
Site. "Cookies" are small data files that are stored on your hard drive and contain
certain information accessible to our Web Site, such as any information content
preferences you may voluntarily set at our Web Site and your username and password,
if you voluntarily register with us as a user of our Web Site (should we at any
time make such registration available). You are always free to decline our cookies
if your browser permits, although in that case you may not be able to use certain
features on our Web Site and you may be required to reenter your password more frequently
during a session if passwords are required to access any part of our Web Site.
Cumberland also collects information through interactive questionnaires and registration
requests. For example, in response to such questionnaires and registration requests,
you have the option of revealing information about (i) your name, (ii) address,
(iii) gender, (iv) number of people in your household or company and their age ranges,
and (v) your preference as to receiving additional information regarding certain
products, services or health related topics. Furthermore, we may request certain
credit card information if you attempt to purchase any products that may be available
from our online stores. Should you wish to not reveal this kind of information,
you should abstain from completing the questionnaire or registration. Please be
aware, however, that certain information is required in order for us to provide
products and services. If you elect not to share required information, you may not
be able to receive such products and services.
If you voluntarily send us any correspondence, such as emails or letters, we may
also retain such correspondence and information in a file specific to you.
How Does Cumberland Use My Information? How does Cumberland use "Cookies"?
We use the information you provide to us for purposes that are compatible with the
reasons we requested it or you provided it. For example, we may use the information
you provide to try to fulfill your request for information about us or our products
and services, to mail free product samples you may request or deliver products you
may have purchased online.
We may aggregate some or all of the information described above in an effort to
improve our marketing and promotional efforts, to statistically analyze Web Site
usage, to improve our content and product offerings and to customize our Web Site's
content, layout, and services. When we aggregate data, any information that could
personally identify you is excluded and the raw data and information is combined
to isolate and identify the trends in use by and apparent needs of various demographic
types.
Assuming you have voluntarily provided us with such information, we may use your
email address, your mailing address and phone number to contact you regarding administrative
notices, new product offerings and communications relevant to your use of our Web
Site or products and services offered by Cumberland and its affiliates. You have
the option of not participating in these programs by not providing us with your
contact information.
Who Does Cumberland Share My Information With?
At this time, we do not sell or rent any personally identifiable information about
you to any third party, although we may choose to do so in the future with third
parties we consider trustworthy. You can request us not to ever sell or rent your
personally identifiable information to unrelated third parties by sending a blank
e-mail message to opt-out@cpack.com. Notwithstanding the above, in order to offer
you a high level of quality products and services, we do share certain personally
identifiable information about you with our subsidiaries, affiliates and agents.
Rest assured that Cumberland takes all reasonable precautions to ensure that its
subsidiaries, affiliates and agents respect the privacy of your personally identifiable
information and use it only for its intended purposes. The following describes some
of the ways that your personally identifiable information may be disclosed:
Cumberland Subsidiaries and Joint Ventures. We will share much of our data, including
personally identifiable information about you, with our subsidiaries and joint venture
partners and affiliates that are directly or indirectly involved in providing products
and services to our customers and supply partners. To the extent that these entities
obtain access to your information, they will treat it with the same care and confidentiality
as they treat information they obtain from their other users. We usually require
our subsidiaries and joint venture partners and affiliates to follow privacy practices
no less protective of all users than our practices described in this Privacy Policy.
Co-Brand Providers. Cumberland may at some time offer a number of third party services
or products from our Web Site. If you are eligible to choose to use these optional
services or products, we will, by necessity, provide some of your personally identifiable
information to the co-brand provider offering such services or products for purposes
consistent with such offering. Before we provide your information to the co-brand
provider, we will let you see what data is about to be sent to them. You can, of
course, avoid having us make such disclosures by choosing not to use these services
or products. Because we do not control the privacy practices of these third parties,
you should evaluate their practices before deciding to use their services or products.
In addition, a co-brand provider may directly ask you for certain information to
assist it in providing you with products or services.
Suppliers and Providers. We may use some third party suppliers and providers to
directly or indirectly provide products and services to our customers, and we may
need to share your personally identifiable information with them in order to permit
them to provide the products and services. For example, we use a reputable third
party credit card processing agency for online purchases made with credit cards.
In some instances, the third party supplier or provider may collect information
directly from you. In these cases, you will be notified of the involvement of the
supplier or provider and all information disclosures you make will be strictly optional.
You should note, however, that you may not be able to obtain a particular product
or service without providing the information requested. These third party suppliers
and providers are usually bound by law, contract or trade custom to only access
and use your information in accordance with the purpose it has been provided. We
do not permit any third party supplier or provider to sell or lease your information
to other third parties.
Legal Requests. Cumberland expressly reserves the right to disclose or report any
of your information in limited circumstances where we reasonably deem it necessary
to comply with applicable laws, rules and regulations, to cooperate with government
or industry regulators and law enforcement officials, to perform any necessary credit
checks or collect or report debts owed to us, or to protect our rights or property.
Advertisers. We do aggregate personally identifiable information and may in the
future disclose such information in aggregate to advertisers and for other marketing
and promotional purposes. However, in these situations, we do not presently anticipate
disclosing to these entities any information that could be used to personally identify
you.
What Kinds of Security Procedures Does Cumberland Use?
We use industry standard efforts to safeguard the confidentiality of your personal
identifiable information, such as firewalls and Secure Sockets Layer (SSL) encryption
if your browser capable of using such encryption. However, please bear in mind that
"perfect security" does not exist on the Internet, although you can increase your
protection by proper use and maintenance of your passwords, electing to use SSL
or industry standard encryption when available and evaluating the privacy policies
of web sites you use.
A Special Note on Children.
We do not request that any information be provided to us by any child under the
age of 18, and we must ask that no such child provide us with any information without
the consent and supervision of his or her parent or guardian.
What should I do if I have questions?
If you would like us to update, change, or delete any personally identifiable information
we have about you (subject to any applicable legal exceptions), would like to opt
out of receiving further information, or have questions about our privacy policy,
please contact us. You may also write, fax or call us at: Privacy Policy, Cumberland
Packing Corp., 2 Cumberland St., Brooklyn, NY 11215 t: 718-858-4200 f: 718-858-4785.
4. Links to Other Sites.
As a courtesy to you and other visitors to the Web Site, we may provide hyperlinks
or references to a variety of other web sites and resources. Solely by virtue of
such hyperlinks or references, Cumberland is not making a sponsorship, referral
or endorsement of or to the information or content contained in such hyperlinked
sources or the entities that are responsible for such information. Furthermore,
Cumberland is not stating or implying that it is affiliated with any such entity
or that it or the entity hosting or providing such information or content is legally
authorized to use any of the information or content, including, without limitation,
any trademark, copyright or other intellectual property right on or that may be
accessible through these hyperlinks. We are also not responsible for the information
or content of any hyperlinked third party web sites and do not make any representations
regarding the content, accuracy or timeliness of such information or content. We
cannot vouch for the security or privacy of any personally identifiable information
you may provide any third party, and we suggest that you carefully review the privacy
policies available at such third party web sites.
5. Disclaimer of Warranties and Limitation of Liability.
THE WEB SITE, THE MATERIALS AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSIBLE
THROUGH THE WEB SITE ARE PROVIDED "AS IS," AND NEITHER CUMBERLAND NOR ANY OF ITS
SUBSIDIARIES, AFFILIATES OR SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES WITH
RESPECT TO ANY OF THE FOREGOING. CUMBERLAND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INFRINGEMENT. NEITHER CUMBERLAND NOR
ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS IS UNDER ANY OBLIGATION TO UPDATE
ANY MATERIALS OR CONTINUE TO OFFER ANY MATERIALS, PRODUCTS OR SERVICES CURRENTLY
AVAILABLE ON THE WEB SITE. ACCESS TO THE WEB SITE, ANY OF THE MATERIALS, AND ANY
PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSIBLE THROUGH THE WEB SITE MAY BE LIMITED
OR UNAVAILABLE AT ANY TIME, INCLUDING, WITHOUT LIMITATION, DURING PERIODS OF PEAK
DEMAND, SYSTEM UPGRADES, MALFUNCTIONS, OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR
FOR OTHER REASONS.
IN NO EVENT WILL CUMBERLAND, ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS OR
OTHER PERSONS TRANSMITTING THE MATERIALS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE OF THE
MATERIALS OR FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE MATERIALS OR FOR OMISSIONS
OR INACCURACIES IN THE MATERIALS OR FROM LOSS OR CORRUPTION OF DATA OR THE COST
OF RECOVERING ANY DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND,
AS A CONDITION TO ACCESSING SUCH MATERIALS, YOU EXPRESSLY WAIVE ANY CLAIM YOU MAY
HAVE AGAINST CUMBERLAND, ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS, OR ANY
OTHER PERSON WITH RESPECT TO ANY MATERIALS, OR PORTION THEREOF.
6. Termination.
Cumberland reserves the right to terminate your use of and/or access to the Web
Site and any or all of the Materials or any portion thereof without any liability
to you and to take any other action Cumberland deems appropriate, in its sole discretion,
without limitation for any reason whatsoever, including but not limited to: the
unauthorized use of any account you may have with Cumberland, its subsidiaries or
affiliates; breach of the Terms or any other agreement between you and Cumberland,
its subsidiaries or affiliates; the discontinuance of or limitation on Cumberland's
use of or access to any of the Materials; or termination or expiration of one or
more of the agreements between Cumberland, its subsidiaries or affiliates and the
supplier or provider of any Materials or other information, content or data.
Last Updated: 2008