Terms Of Use

This Website is owned and operated by TheGlutenSolution.com ("TheGlutenSolution"). Access and use of this Website is provided by TheGlutenSolution to you on condition that you accept these Terms of Use, and by accessing or using this Website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Website.

TheGlutenSolution may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Website periodically. Your continued access or use of this Website after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes.

User Information

In the course of using the website, you may provide or we may collect personal information about you. We are committed to protecting the privacy of our customers' personal information and explain our policies with respect to the use and disclosure of such personal information in our Privacy Policy at www.theglutensolution.com incorporated into these Terms and Conditions.

Intellectual Property

All materials (including the organization and presentation of such material) on this Website (the "Materials") are the property of TheGlutenSolution and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way. Unless you have entered into a separate agreement with TheGlutenSolution, any other use of these Materials without TheGlutenSolution's written permission is prohibited.

Specifically you may not reproduce or disseminate the product lists complied on the TheGlutenSolution website.

Everything you download-from the website, including any Materials, remains the property of TheGlutenSolution and its licensors. You cannot redistribute or sell the content of this website or reverse-engineer, disassemble, or otherwise convert it to any other form.

Gluten Solution is a trademark of TheGlutenSolution. These trademarks may not be used by any party without express written consent.

© 2008 TheGlutenSolution.com All rights reserved.

Currency of Website

TheGlutenSolution updates the information on this Website periodically. However, TheGlutenSolution cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. TheGlutenSolution may revise, supplement or delete information, services and/or the resources contained in this Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Websites

This Website may provide links to third party Websites for your convenience only. The inclusion of these links does not imply that TheGlutenSolution monitors or endorses these Websites. TheGlutenSolution does not accept any responsibility for such Websites. TheGlutenSolution shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Websites or linked resources.

Materials Submitted to Us

Retailers and Manufacturers who submit material or information to TheGlutenSolution do so with full responsibility for the information and submission that they make including legality, reliability, accuracy, appropriateness and copyright. Retailers and Manufacturers who submit material or information to TheGlutenSolution may do so only upon securing an individual membership from TheGlutenSolution and only in accordance with the terms of that membership. Retailers and Manufacturers who submit material or information to TheGlutenSolution are bound by these terms of Use and the specific terms applicable to Retailers or Manufacturers as noted below.

Product Information

We offer Retailers and Manufacturers the ability to submit material or information to TheGlutenSolution for use and display on portions of the website. We also offer to post dated "Content" supplied by Manufacturers. These features allow Retailers and Manufacturers to submit, post and/or publish materials on or through the website including text and graphics ("Content"). These features and Content are governed by these Terms of Use and also by this section. Please read this section carefully. These features are accessible by the public. It is important to remember that content and other material submitted by you may be recorded and stored in multiple places, both on our website and elsewhere on the internet and are likely to be accessible for a long time. You have no control over who will eventually see such materials. Be careful and selective about the personal information that you disclose about yourself and others and do not disclose sensitive, proprietary or confidential information.

Retailers - Additional Terms

Retailers may not reproduce or disseminate product lists complied on our website. To help ensure consumer safety, any reproduction of gluten free product lists compiled on our website is strictly prohibited. Access to these lists is granted through individual membership only.

Once your account is activated and you add products to your inventory, we require that you log-in and update the availability of the products listed in your account within a 30 day delay. Failure to do so will remove the product(s) from exposure to our Members until we re-confirm its availability.

Manufacturers - Additional Terms

Manufacturers may not reproduce or disseminate product lists (that include products that are not their own) complied on our website.

To help ensure consumer safety, any reproduction of gluten free product lists compiled on our website is strictly prohibited. Access to these lists is granted through individual membership only.

Once your account is activated and you add products to your inventory, we require that you update the products listed in your account within a 30 day delay. Failure to do so will remove the product(s) from exposure to our Members until we re-confirm the product's status.

We require our corporate partners to actively take steps to identify gluten from their suppliers as well as take steps to prevent cross-contamination of gluten within their facilities. We do not consider an allergen policy on wheat (as per top 8 allergens outlined by the FDA) to include sufficient protection against gluten cross-contamination.

Content Ownership; Indemnity.

As between you and TheGlutenSolution, you are and will remain the owner of the Content and represent, warrant and covenant to us that you own all right, title and interest, including copyright, in and to the Content you submit or post to the website and such Content shall not breach, infringe, contravene, detrimentally affect any other party's rights whatsoever, including intellectual property rights and no other party has any rights to such Content including any unwaived moral rights. You also agree to defend, indemnify and hold TheGlutenSolution, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable lawyer's fees, arising in any way from your use of the website, your posting, submitting, publishing or transmitting any Content or other materials and/or your breach or violation of the law, these Terms of Use or any other party's rights, including intellectual property rights. TheGlutenSolution reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with TheGlutenSolution's defense of such claim. For greater certainty, you promise that no other company or person will claim that you stole or are inappropriately using the Content and that if they do, or if you do other things that may make us liable for legal claims for what you do using the Content, you will legally protect us and fully defend and indemnify us from that claim and pay any money that might be owed as a result, whether to our lawyers, your lawyers, a court or the other person or company making the claim.

Our Right to Use the Content.

Although, as we stated above, you retain ownership of the product information content, by submitting, posting or displaying product information content you are automatically granting, and hereby do grant to TheGlutenSolution, a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable license to use (including copy, display, perform, publish, modify, adapt and translate) such Content in all forms and media in connection with our website (the "License").

We will never owe you any money for it and we may allow others to use or possess the Content, for instance to host the Content for us or if we were to sell or re-organize our business.

If you remove the Content from our website, however, we will remove it from our internal systems so that all reasonable efforts are made for it to no longer appear on the website.

Right to Monitor Content.

You acknowledge and agree that TheGlutenSolution does not and cannot review all Content submitted or posted to the website. Notwithstanding the foregoing, TheGlutenSolution reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the website or through the website's services or features by users, and we expressly deny and disclaim any responsibility and liability for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, to enforce the Terms and Conditions, to respond to claims that the Content violates the rights of other parties, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use, TheGlutenSolution's policies or applicable law. We may also impose limits on certain website features or restrict your access to part or the entire website without notice or of Use or applicable law, or for any other reason without notice or liability.

Infringement Notice.

If you know that materials we host on our website infringe upon your copyright rights, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You agree that you accept our suggestion that you consult your legal advisor before filing a notice or counter-notice. TheGlutenSolution maintains a policy that provides for the termination in appropriate circumstances of website use privileges of users who are repeat infringers of intellectual property rights. Please be aware that there can be substantial penalties for false claims and you agree that you are solely responsible and liable for the accuracy and truth of the notice or counter-notice, and shall fully indemnify TheGlutenSolution for, any costs or damages suffered or incurred by TheGlutenSolution as a result of TheGlutenSolution removing or blocking any alleged infringing Content as described in the notice. Notices and counter-notices for the website should be sent to:

Via electronic mail at:	Via regular mail at:
copyright.agent@theglutensolution.com	TheGlutenSolution.com Attn: Vice President 2721 des Dahlias Vaudreuil-Dorion, QC, J7V 0A4 With a copy to: TheGlutenSolution.com Attn: General Counsel 2721 des Dahlias Vaudreuil-Dorion, QC, J7V 0A4

Password

You acknowledge and agree that the user identification chosen by you for access and utilization of the website ("Username"), and the password selected by and used by you in conjunction with the respective Username are to be kept secure, secret and confidential ("Password"). TheGlutenSolution is authorized to accept such Username and Password as conclusive evidence that you have accessed or utilized the website.

Content not Confidential

You agree that any product related content you submit or post onto the website shall not be treated as confidential and TheGlutenSolution shall have no obligation or duty to keep such information confidential.

Prohibited Conduct

Any conduct by you that in TheGlutenSolution's sole discretion restricts or inhibits any other user from using or enjoying our website will not be permitted. You agree to use our website only for lawful purposes. You are prohibited from posting on or transmitting through the website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the website or TheGlutenSolution. You are solely responsible and liable for any damages suffered or incurred by TheGlutenSolution in connection with the Content you submit or post, or that is submitted or posted under your Username and Password.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.

TheGlutenSolution shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this Website. TheGlutenSolution recommends that you install appropriate anti-virus or other protective software.

Website and Materials Provided "As Is"

THIS WEBSITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THEGLUTENSOLUTION DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL THEGLUTENSOLUTION OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THEGLUTENSOLUTION'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold TheGlutenSolution harmless against all claims or liability asserted against TheGlutenSolution arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Email

Feel free to email TheGlutenSolution at info@theglutensolution.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. TheGlutenSolution is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via e-mail that:

1. TheGlutenSolution has no obligation concerning such information;
2. the information is non-confidential;
3. the information is truthful and disclosure of the information does not violate the legal rights of others.

Disputes

If any controversy, dispute, claim, question or difference (a "Dispute") arises with respect to these terms of use, this website or its performance, enforcement, breach, termination or validity, the Parties shall use their best efforts to settle the Dispute. To this end, they shall consult and negotiate with each other, in good faith, to reach a just and equitable solution satisfactory to all Parties. If the Parties do not reach a solution to a Dispute within fifteen (15) business days following the first written notice of the Dispute by any Party to the other, then upon written notice by any Party to the other, the Dispute shall be finally settled by arbitration in accordance with the provisions of the Arbitration Act (Ontario). The arbitration tribunal shall consist of one arbitrator appointed by mutual agreement of the Parties, or in the event of failure to agree within ten (10) business days following delivery of the written notice to arbitrate, TheGlutenSolution may apply to a judge of the Superior Court of Ontario to appoint an arbitrator. The arbitration shall take place in Toronto, Ontario. The arbitration award shall be given in writing and shall be final and binding on the Parties, not subject to any appeal, and shall deal with the question of costs of arbitration and all related matters. Judgment upon any award may be entered in any Court having jurisdiction or application may be made to the Court for a judicial recognition of the award or an order of enforcement, as the case may be. All Disputes referred to arbitration shall be governed by the substantive law of Ontario. The Parties agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions and any awards) shall not be disclosed beyond the arbitrator, the Parties, their counsel and any Person necessary to the conduct of the proceeding, except as may lawfully be required in judicial proceedings relating to the arbitration or otherwise.

Applicable law

This Website is controlled, operated and administered by TheGlutenSolution from within the Province of Ontario, Canada. This Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing this Website, you acknowledge and agree that all matters relating to access to or use of this Website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily.

General

TheGlutenSolution's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais.