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Terms of Use

Welcome to our website. We’ve designed our site to be informative and fun. In exchange for access to and use of the information offered on our site, you agree to the below terms and conditions of use. Please read them carefully prior to use of our website because when you use our site, you automatically agree to these terms of use (the “Agreement”).

Control Over Our Website.

Alouette Cheese USA LLC,the owner of alouettecheese.com, chavrie.com, and any other domain name that directs you to these websites (both of our websites are referred to below collectively as the “Website”), has the right, but not the obligation, to monitor the use of the Website and its content.

Alouette Cheese USA reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Agreement, in whole or in part, at any time. Amendments to the Agreement will take effect immediately upon being posted to the Website, and your continued use of the Website constitutes your acceptance of any amendments to the Agreement. Alouette Cheese USA may change, suspend or discontinue any aspect of the Website at any time. Alouette Cheese USA may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.

Intellectual Property Rights.

The Website is protected by copyright under United States copyright laws. The Alouette® and Chavrie® trademarks, as well and all other trademarks, logos, slogans, images and other designs shown on the Website are owned by Alouette Cheese USA,its affiliates or its licensors, are protected by applicable law, and may not be copied or used without Alouette Cheese USA’s prior written consent. All materials contained within the Website (the “Content”) are protected by copyright and are owned or controlled by Alouette Cheese USA and or its licensors. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website.

You may download, make copies of, or otherwise reproduce the Content and other downloadable items displayed on the Website for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying, otherwise reproducing, or storing of any Content for other than your personal, noncommercial use is expressly prohibited without the prior written consent of Alouette Cheese USA.

Privacy.

Use of the Website is subject to the terms of the Privacy Policy incorporated herein by reference.Alouette Cheese USA reserves the right, in its sole discretion, to change the Privacy Policy, in whole or in part, at any time. Amendments to the Privacy Policy will take effect immediately upon being posted to the Website, and your continued use of the Website constitutes your acceptance thereof. Material changes to the Privacy Policy since the Effective Date of the Privacy Policy are listed in the Privacy Policy. With respect to links to other websites on our Website, you understand that Alouette Cheese USA is not responsible for the privacy practices or the content of websites that are owned and operated by third parties. Other websites may collect and treat information collected differently, so we encourage you to read and review carefully the privacy policy for each website you visit.

Idea Submission Policy and Your Communications to Alouette Cheese USA.

Except as otherwise provided under our Privacy Policy concerning personally identifiable information, if you forward or transmit to Alouette Cheese USA through the Website, by electronic mail or otherwise, any suggestions or material, including any questions or answers, ideas, comments, suggestions, or the like, such information will be treated as non-confidential and non-proprietary. Furthermore, Alouette Cheese USA is free to use any ideas or concepts contained in any communication you send to Alouette Cheese USA for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Your Covenants.

You agree that you shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which: (i) are unlawful, (ii) violate or infringe the rights of third parties, or (iii) contain any viruses, worms, or other components that are intended to cause damage or expropriate any system, data or personal information. You further promise not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. You may not link to the Website in any manner that would bypass the Website’s home page or otherwise suggest an affiliation between Alouette Cheese USA and another site. You may not “frame” the Website or any portion thereof.

Your Acknowledgments.

You acknowledge that any and all materials, content and information (collectively, “Information”) provided by you in the course of using the Website becomes the sole property of Alouette Cheese USA, including all intellectual property rights therein. Alouette Cheese USA may use and disclose the Information for any purpose, subject to the Website’s Privacy Policy. You acknowledge that transmissions to and from this Website may be read or intercepted by third parties. You acknowledge that Alouette Cheese USA does not attempt to review, edit, modify, regulate or control the content of any sites that are linked to the Website and that Alouette Cheese USA shall not be held responsible or liable for any third party site.

Disclaimer of Warranty.

THE INFORMATION PROVIDED WITHIN THE WEBSITE IS PROVIDED “AS IS”. ALOUETTE CHEESE USA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE WEBSITE OR WEBSITES TO WHICH IT LINKS AND IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN THE CONTENT.ALOUETTE CHEESE USAMAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANYTHING CONTAINED WITHIN THE WEBSITE OR WEBSITES TO WHICH IT LINKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALOUETTE CHEESE USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability.

ALOUETTE CHEESE USA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, RESULTING FROM ANY INFORMATION, GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IFALOUETTE CHEESE USAHAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ALOUETTE CHEESE USA’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE AMOUNT YOU PAID, IF ANY, TO ACCESS OUR SITE.

Indemnification.

You agree to indemnify, defend and hold harmless Alouette Cheese USA, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from your violation of the terms of this Agreement.

Notices.

Except as explicitly stated otherwise, any notices shall be given by e-mail to customer.service@alouettecheese.com (in the case of Alouette Cheese USA) or to the e-mail address you provided to Alouette Cheese USA during your use of the Website, or such other address as either party may specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

Termination.

Alouette Cheese USA may, with or without cause, immediately terminate this Agreement, and deny you access to the Website. Without limiting the foregoing, Alouette Cheese USA has the right to immediately terminate your right to access the Website in the event that you breach this Agreement or engage in conduct thatAlouette Cheese USA,in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access the Website. In the event of termination, the restrictions imposed on you with respect to material downloaded, copied or otherwise reproduced from the Website, the disclaimers and limitations of liabilities and the indemnification set forth in this Agreement, shall survive.

Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in the federal or state courts located in the Eastern District of Pennsylvania.

Miscellaneous.

This Agreement constitutes the entire understanding between Alouette Cheese USA and you with respect to your use of the Website. You may not assign this Agreement. If any provision this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

© Alouette Cheese USA LLC 2010

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