THE PRODUCTS OR SERVICES MENTIONED IN THIS SITE ARE INTENDED FOR CANADIAN CONSUMERS, AND AMERICAN CONSUMERS ONLY WHERE SPECIFIED, AND THE CLAIMS MADE HERE RELATE SOLELY TO THE PRODUCTS AND SERVICES SOLD OR PROVIDED BY DARE FOODS LIMITED. NOTE: THESE TERMS INCLUDE A WAIVER OF THE RIGHT TO A JURY TRIAL.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to the Company or the Site.
RESTRICTIONS ON USE
This Site, owned and operated by Dare Foods, contains material which is derived in whole or in part from material supplied by Dare Foods and its parent company, affiliates or subsidiaries. All material is protected by international copyright and trade-mark laws and other intellectual property laws. Unless expressly authorized by Dare Foods, you may not modify, copy, reproduce, republish, upload, post, transmit ,distribute, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market or commercialize in any way any material from this Site including code and software. You may download material from this site for your personal, non-commercial home use only, provided you keep intact all trademark, copyright and other proprietary notices. The use of any such material on any other website or computer network without Dare Foods’ written consent is strictly prohibited. Your use of the trademarks, service marks, trade names, images, content and works on this Site in any manner other than as authorized in these terms and conditions, or as authorized in writing by Dare Foods is strictly prohibited. Your violation of any of the restrictions in this Section may subject you to penalties and liabilities under copyrights laws, trademark laws, intellectual property laws, and civil and criminal statutes.
LICENSE TO DARE FOODS LIMITED
By posting messages, uploading files, inputting data or submitting comments, suggestions, graphics, ideas and other information or material to Dare Foods through this Site, you are granting Dare Foods a royalty-free, irrevocable perpetual, non-exclusive, unrestricted, worldwide licence to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication;
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
DARE FOODS LIMITED MAY PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES OR THIS SITE MAY BE LOCATED ON A THIRD PARTY WEBSITE. NEITHER DARE FOODS LIMITED, ITS PARENT OR SUBSIDIARY COMPANIES NOR THEIR RESPECTIVE AFFILIATES OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD-PARTY SITES. THE INCLUSION OF A LINK OR THE LOCATION OF THIS SITE DOES NOT IMPLY ANY DIRECT OR INDIRECT ENDORSEMENT BY DARE FOODS LIMITED OF THAT SITE. THE MATERIALS IN THIS SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DARE FOODS LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SUCH AS QUEBEC, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. DARE FOODS LIMITED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DARE FOODS LIMITED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
This Site is directed only to Canadian consumers for products and services of Dare Foods and to American consumers where expressly specified in content, for products and services in Canada. This Site is not directed to any other consumers outside Canada and the United States, but may be used by said foreign residents at the consumer’s sole discretion. Dare Foods controls and operates this Site from its headquarters in Cambridge, Ontario, Canada, and makes no representation that these materials are appropriate or available for use in other locations outside of Canada. International inquiries are best addressed to Dare Foods’ local affiliates in your respective country or jurisdiction outside of Canada.
You are responsible for all activities that occur under any user accounts provided by us. You may be required to choose a password and a user name. Access to and use of any password-protected or secure areas of the Site are restricted to authorized users only. You agree not to share your passwords, account information, or secured access to the Site with any other person. You are responsible for maintaining the confidentiality of passwords and account information, and you are responsible for all activities that occur through the use of your passwords or accounts or as a result of your access to the Site. You agree to notify us immediately of any use of your passwords or accounts that you did not authorize or that violates these Terms.
CONTENT POSTED BY YOU
We may provide various open communication tools on the Site, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that it might not be feasible for us to pre-screen or monitor all content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to the Site, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, submit, share, or otherwise distribute any content that:
It might not be feasible for us to screen or monitor all content that you or others may share or submit on or through the Site. However, we reserve the right to review the Site and content and to monitor all use of, and activity on, the Site, and to remove or reject any content in our sole discretion. Dare Foods reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to send or to remove any information or materials, in whole or in part, that in Dare Foods’ sole discretion are objectionable or in violation of these Terms. Notwithstanding anything else contained herein, your sole and exclusive remedy for Dare Foods’ action is to discontinue using Dare Foods’ Site to the extent permitted by applicable law.
U.S. Copyright Infringement – Digital Millennium Copyright Act
If the Site enables you or others to share or submit content, we recognize the risk that such content could cause copyright infringement. The United States Copyright Act (“US Copyright Act”) provides service providers like us with a limitation of liability regarding any such infringement. Accordingly, pursuant to 17 U.S.C. § 512 of the US Copyright Act, we provide the information and procedures set forth below in this Section.
1. Designated Agent
The following is the contact information of our designated agent (“Designated Agent”) to receive notices of copyright infringement under the US Copyright Act:
Dare Foods Limited
25 Cherry Blossom Rd,
Cambridge, Ontario, N3H 4R7, Canada
Phone No.: 1-800-668-3273
2. Infringement Notice
If you or any other party (“Complaining Party”) concludes that the use or display of any materials or works on the Site is infringing upon any copyrights under the US Copyright Act, the Complaining Party may send a written notice to the Designated Agent (“Infringement Notice”). The Infringement Notice, to be effective, must include the following:
Upon receiving an Infringement Notice from a Complaining Party in accordance with Section 2 above, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.
4. Notice of Takedown; Replacement
If you are a subscriber of us and we remove or disable access to materials provided by you in accordance with Section 3 above, we will:
5. Counter Notice
If you, as a subscriber of us, wish to provide a counter notification, you must provide the counter notification in writing to the Designated Agent. The counter notification, to be effective, must include substantially the following:
These Terms are effective until terminated by Dare Foods at any time without notice. In the event of termination, you are no longer authorized to use this Site. The restrictions imposed on you with respect to material downloaded from the Site, customized content, recipes, or other information received from your use with this Site, and the disclaimers and limitations of liability set forth in this agreement, shall survive indefinitely. Dare Foods reserves the right to seek all remedies available at law and in equity for violations of these Terms.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, DARE FOODS AND ITS AFFILIATES WILL NOT BE LIABLE FOR: (A) ANY DAMAGES OR INJURY CAUSED BY THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE; (B) DAMAGE, DESTRUCTION, LOSS OR IMPAIRMENT OF DATA, HARDWARE, COMPUTER SYSTEMS OR COMPUTER NETWORKS LOSS OF OR HARM TO PROPERTY OR DATA ARISING FROM OR RELATING TO YOUR USE OF OR ACCESS TO THE SITE OR ANY RELATED ONLINE PLATFORM OF DARE FOODS; OR (C) ANY DAMAGES OR INJURY (INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, EXTRACONTRACTUAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY ONLINE PLATFORMS OF DARE FOODS, EVEN IF THERE IS NEGLIGENCE ON DARE FOODS OR ITS AFFILIATES OR WHETHER AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR ANY PERSONAL INJURY OR DEATH, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING QUEBEC. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We are committed to making the content we provide through the Site accessible to individuals with disabilities. If you have a disability and are unable to access any portion of the Site due to your disability (“Incident”), you agree to: (a) immediately give us written notice of the Incident in accordance with the contact method provided below in these Terms; and (b) include a detailed description of the Incident in your notice. We will accept your notice through a writing submitted by your guardian, caretaker or agent on your behalf. After receiving your notice, we will: (i) promptly investigate the Incident; (ii) promptly resolve the issue causing the Incident if the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques; and (iii) provide you with a reply, setting forth our remedial steps and findings.
EXPORT RESTRICTIONS/LEGAL COMPLIANCE
You may not access, download, use or export the Site, or the content provided on or through the Site, in violation of applicable export laws or regulations. You will not, directly or indirectly, provide or otherwise make available any data, information and resources accessible within the Site (“Technical Data”) in violation of any such restrictions, laws or regulations, including laws, restrictions or regulations pertaining to the development, design, manufacture or production of nuclear, chemical or biological weapons or missile technology. As applicable, you will obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the Technical Data. Neither the Technical Data nor the underlying information or technology may be downloaded or otherwise provided, either directly or indirectly, into any country subject to trade sanctions of Canada or the U.S., to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
1. Definitions. For the purposes of these Terms:
2. Mediation. If either Party seeks to initiate any legal action against the other Party arising from any Dispute, the Party seeking such legal action shall provide the other Party with written notice of such Dispute, specifying and describing the Dispute in detail. If the Parties fail to resolve such Dispute in writing within thirty (30) days of negotiations after the date of such notice, either Party may provide the other Party with a written decision to initiate such legal action (“Decision Notice”).
3. Selection of Court of Law or Arbitration. In the case of a Decision Notice provided by either Party, we will have the right to select, at our sole discretion, whether the legal action will occur through a court of law or through binding arbitration. If we do not provide you with our written notice of our selection within ten (10) business days after receiving your Decision Notice, you will have the right to resolve the Dispute solely through binding arbitration, not through a court of law.
4. Court of Law. If any Dispute is to be resolved by a court of law in accordance with Section 3 above, the terms of this Section will apply. The governing law will be the Laws of Province of Ontario, Canada and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. The Provincial and Federal courts located in Ontario, Canada will have sole and exclusive jurisdiction over such Dispute. Your Group and Our Group each hereby waives all claims of immunity from such jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH MEMBER OF YOUR GROUP AND OUR GROUP HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN SUCH DISPUTE. THIS WAIVER WILL BE IRREVOCABLE AND PERPETUAL; PROVIDED, HOWEVER, THAT IF WE INITIATE SUCH DISPUTE BASED ON THE INFRINGEMENT OF OUR INTELLECTUAL PROPERTY RIGHTS, WE WILL RETAIN THE RIGHT TO TRIAL BY JURY FOR SUCH DISPUTE. EACH OF YOU AND US UNDERSTANDS AND ACKNOWLEDGES THAT: (A) IN THE ABSENCE OF THIS SECTION, SUCH PARTY WOULD HAVE HAD A RIGHT TO LITIGATE ACTIONS THROUGH A JURY TRIAL; AND (B) THIS WAIVER IS A SUBSTANTIVE PROVISION BARGAINED BY YOU AND US AS CONSIDERATION FOR ENTERING INTO THESE TERMS.
5. Arbitration. If any Dispute is to be resolved by arbitration in accordance with Section 3 above, the terms of this Section will apply.
Assignment: You will not assign these Terms, in whole or in part, to any third party. Any purported assignment in violation of this Section will be null and void.
Waiver: Our delay or failure to exercise or enforce any rights or provisions in these Terms will not prejudice or operate to waive such right or provision.
Severability: If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Language of Agreement: The parties have agreed that these Terms and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.
Contact Us: You may contact Dare Foods with questions or problems related to the Site or these Terms as follows:
Dare Foods Limited
Consumer Care Centre
25 Cherry Blossom Rd,
Cambridge, Ontario, N3H 4R7, Canada
Attention: Legal Department
Phone No.: 1-800-668-3273
13. POLICY UPDATES
The date provided at the beginning of these Terms is the latest revision date of these Terms. To request a prior version of these Terms, please contact us using the contact information provided above.
© 2021 Dare Foods Limited
DISCLOSURE OF BAKING PROCESS INFORMATION
Made Better is at the heart of Dare Foods, as seen in our commitment to creating high-quality products that meet our consumers’ expectations. As part of this commitment, we want our consumers to know what goes into making our products.
At our Kitchener facility we use leavening agents as part of the baking process – as all bakers do. Leavening agents cause an expansion in doughs and batters by the release of gases during the baking process. Without leavening agents bakers could not bake. At our facility in Kitchener, ON we use ammonium bicarbonate, a commonly used leavening agent, in our baking process. During the baking process, the leavening agent breaks down into three components: water, carbon dioxide and ammonia. 100% of the ammonia and carbon dioxide evaporate during the baking process, and are removed from the facility via baking exhaust systems.
Environment Canada guidelines require public reporting on the use or production of certain substances, including ammonia. More Information can be viewed here plan_summary.pdf.
The full 2016 report can be found here.