Last revised February 18, 2013
THIS WEBSITE IS OWNED AND OPERATED BY MCCORMICK & COMPANY, INCORPORATED. PLEASE READ THIS AGREEMENT CAREFULLY. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE MCCORMICK & COMPANY, INCORPORATED ("MCCORMICK") WEBSITES (THE "SITES"). WHEN YOU AGREE TO USE OUR SITE, YOU AUTOMATICALLY AGREE TO THEM. THANK YOU FOR VISITING OUR SITES.
This agreement ("Agreement") governs your use of the Site and your access to and use of the content, postings, links, pages, services, and/or other materials offered on the Sites and any other sites McCormick may make available and any lower level domains of the foregoing (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 Sites. All these rules are incorporated into this Agreement by this reference.
1. 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, ideas, suggestions, and other feedback ("Submissions"), by submitting any such Submissions, you grant McCormick a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for McCormick or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed . Prior to making a Submission you may be required to sign an agreement prepared by McCormick that confirms as such.
2. 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.
3. 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.
6. User Generated Content. McCormick does not and cannot review areas on the Sites where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications and is not responsible for the content of these messages. However, McCormick reserves the right to delete, move, or edit content of any such communications that McCormick, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. McCormick is not responsible for such third party communication, does not endorse, adopt or sponsor any third party statements, and is not obligated to respond to or correct misstatements made by third parties. McCormick is not liable for the content of any such communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
7. 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.
8. 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.
9. McCormick Makes No Warranties. YOU USE THE SITES 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.
10. Limitation of Liability. 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 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).
11. 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.
12. 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 parties¹ 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. McCormick¹s Services are not intended for use by or availability to minors.
MOBILE SERVICES TERMS & CONDITIONS
The following terms and conditions govern your use of the McCormick ‘Send to Phone’ recipe service (THE SERVICE). Your use of any aspect of THE SERVICE will constitute your agreement to comply with these terms and conditions.
Participating Carriers and Fees. THE SERVICE is available on the following carriers: AT&T, Verizon, Sprint, T-Mobile, and other participating carriers based on their approval. Please verify program participation with your carrier. Standard text message rates apply.
Other costs may apply when browsing McCormick mobile recipes on your phone’s mobile browser, so please consult with your cell phone plan or service provider to verify service costs. All charges are billed by and payable to your mobile service provider.
Contact Information. You agree that the cell phone number you enter in THE SERVICE is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
Content. You agree not to modify the format or branding of the content provided in THE SERVICE ("Content"), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by us, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or THE SERVICE except as expressly provided for in this Agreement.
Liability. We provide THE SERVICE "as is" and shall not be held liable for your use of the information, content, or material contained therein. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.