Terms & Conditions

Terms & Conditions

 

Effective August 31, 2020

Thank you for visiting the website located at www.SunOpta.com and/or www.arborbar.com (individually or collectively, the “Website”).  These Terms and Conditions (“Terms”) apply to your use of this Website. This Website is operated by SunOpta, Inc. and/or its affiliate(s) (“SunOpta,” “we,” or “our”).  

Your Acceptance of These Terms 

By using this Website, you agree to comply with and be bound by these Terms.  If at any point you do not agree to these Terms, your access or use of this Website is no longer permitted.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms, you also agree to the terms of our Privacy Policy.  Before using this Website, please review our Privacy Policy.  All personal information provided to us as a result of your use of this Website will be handled in accordance with our Privacy Policy.  

Your Consent to Other Agreements

You may be asked to agree to additional terms governing your use of certain areas of this Website.  For example, you may be asked to consent to special terms by checking a box or clicking on a button marked “I agree.”  This type of agreement is known as a “click-through” agreement.  If any of the terms of the click-through agreement differ from these Terms, the terms of the click-through agreement will supplement or amend these Terms, but only with respect to the matters governed by the click-through agreement.  

Ownership of this Website and its Content

This Website, including all text, images, designs, logos, information, and ideas (the “Content”) is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries.  Unless otherwise noted, all Content and corresponding intellectual property rights belong to SunOpta or is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. 

The presence of any Content on this Website does not constitute a waiver of any rights, and you do not acquire ownership rights to any Content viewed through this Website.  Except as otherwise provided or otherwise expressly authorized by SunOpta in writing, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, without our prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Website and to display, download, or print portions of this Website on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

Trademarks

The SunOpta name and logos, all product and service names, all graphics, all button icons, and all service marks and logos appearing within this Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of SunOpta.  All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Website are the property of their respective owners.  You are not authorized to display or use the SunOpta marks in any manner without our prior written permission.  You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Website without the prior written permission from the owners.  The use of the SunOpta marks or other trademarks, product names, company names, logos, service marks and/or trade dress, except as expressly permitted, is prohibited.

Removal of Content

You can seek removal of objectionable User Generated Content (“UGC”) by contacting us via email at legal@sunopta.com.  SunOpta will review all requests and remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law.  Please be aware, however, that if the UGC has already been distributed to other Websites or published in other media, we will not be able to recapture and delete it.  Also, a back-up or residual copy of the UGC we remove from this Website may remain on back-up servers.  SunOpta disclaims all liability for any UGC displayed on this Website and does not in any way endorse, support or otherwise control UGC.  

Violation of Copyrights 

SunOpta does not knowingly violate or permit others to violate the copyrights of others.  We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent. 

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe that your own work or the work of a third party for whom you are authorized to act is featured on this Website or has been otherwise copied and made available on this Website in a manner that constitute copyright infringement, please notify SunOpta immediately.  Your notice needs be in writing and include: 

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on this Website (including the URL, title and/or item number if applicable, or other identifying characteristics); 
  • your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; 
  • a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Your statement must be addressed as follows:

David Merritt

Faegre Drinker Biddle & Reath 

90 S. Seventh Street 

Suite 2200

Minneapolis, MN 55402

David.Merritt@FaegreDrinker.com

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA is insufficient notice and does to confer upon SunOpta actual knowledge of facts or circumstances from which infringing material or acts are evident.

Colors

We have done our best to display as accurately as possible the colors of the products shown on the Website.  However, because the colors you see will depend on your monitor, SunOpta cannot guarantee that your monitor’s display of any color will be entirely accurate.

Misprints 

At SunOpta, we do our best to give you complete and accurate information.  Despite SunOpta’s care, inaccuracies may still exist.  SunOpta does not warrant that item descriptions or other content of the Website is accurate, complete, reliable, current, or error-free.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.  

Electronic Communications

SunOpta may communicate with you electronically by email, calls or text messages using contact information you provide through our Website.  You consent to receive communications from SunOpta electronically and specifically agree that we may send emails to your devices and place calls or send texts to your telephone using automatic dialing/announcing/messaging equipment or an artificial or prerecorded voice.  You also agree that we may make calls or place texts to your mobile telephone.  You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

Links to Third-Party Websites

This Website may provide links to other websites operated by third parties.  Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from third-party websites.  SunOpta is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from third-party websites.  These Terms do not apply to your use of third-party websites; your use of a third-party website is subject to the terms and policies of the owner of that website.

Modification and Discontinuation 

We reserve the right at any time to modify, edit, delete, suspend or discontinue this Website or any of the information, materials, products or services available through this Website with or without notice.  You agree that we are not liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

Governing Law, Jurisdiction and Venue

These Terms will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions.  All actions or proceedings arising out of or relating to these Terms will be venued exclusively in state or federal court in the city of Minneapolis, Minnesota.  You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.  However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms is taking place or originating.

These Terms May Change

These Terms are current as of the effective date set forth above.  SunOpta reserves the right to change these Terms consistent with applicable laws and principles.  These changes will be effective as of the date we post the revised version on this Website.  Your continued use of this Website after we have posted the revised Terms constitutes your agreement to be bound by the revised Terms. 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SUNOPTA OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR TORT, EVEN IF SUNOPTA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, SUNOPTA OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF SUNOPTA’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND SUNOPTA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SUNOPTA. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

Disclaimer of Warranties 

This Website and all Content included on or otherwise made available to you through the Website are provided by SunOpta on an “as is” basis, without representations or warranties of any kind.  SunOpta makes no representations or warranties of any kind, express or implied, as to the operation of the Website, the accuracy or completeness of the Content, or that correspondence sent from SunOpta are free of malware or other harmful components.  You expressly agree that your use of the Website is at your sole risk.  To the full extent permitted by law, SunOpta disclaims any and all representations and warranties with respect to the Website and the Website Content, including without limitation warranties of title, merchantability, and fitness for a particular purpose or use. 

Entire Agreement  

These Terms (together with our Privacy Policy or click-through agreements applicable to you) contain the entire understanding and agreement between you and SunOpta with respect to this Website and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and SunOpta with respect to this Website and your use of this Website. 

Questions

If you have any questions about this Website or these Terms, please email us using the following information:

legal@sunopta.com