Terms and Conditions

Welcome to this Lofty Foods Inc. Website!

We’ve designed our websites to be useful, informative and fun. We are continuously improving it — and we hope you’ll let us know how we can make them even better.

Please read our terms and conditions carefully, and by using the Website (as defined below) you agree to them without preconditions. If you do not agree to them, please do not use the Website.

To help you read these Terms and Conditions:

• “Lofty Foods Inc.”, “we”, “us”, or “our” refers to Lofty Foods Inc. and its affiliates; and
• “you” or “your” refers to the person accessing the Website.

Limited License

Lofty Foods Inc. grants you a limited license to use the Website that is governed by these Terms and Conditions. This limited license is provided to you only, free of charge, subject to applicable law, and/or subject to review at any time by Lofty Foods Inc. without prior notice.

Except as expressly provided below, you agree not to reuse any content, information or material (collectively, the “Content”) from www.LoftyFoods Inc.com or from any other website operated by Lofty Foods Inc. (individually or collectively, the “Website”) and on or to which website these Terms and Conditions are displayed.

In particular, you agree not to copy, distribute, republish, upload, post or transmit anything from or to, as the case may be, the Website unless you receive our written consent first, except for the limited license and exceptions described below. Lofty Foods Inc. grants to you a limited license to display on your computer, print, download and use the Content and the underlying HTML text, audio clips, video clips and other material that is made available to you on the Website, for personal, informational, non-prohibited, non-commercial purposes only, provided that:

• You do not modify or misrepresent any such Content; and
• You include with, do not delete or change and display, as the case may be, on each copy of such Content the associated copyright, trademark or other proprietary notices (including a notice that the applicable copy is subject to this limited license).

We retain full and complete title to the software and to all of the associated intellectual property rights in respect of the Website and your use and access of such Website. You are not permitted to redistribute or sell the Content from the Website — or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use. You may download Content for your use, provided you also don’t delete or change any copyright, trademark, or other proprietary notices.

You agree that you will not use any Content in a way that suggests any association, affiliation or endorsement between you or your products and those of Lofty Foods Inc. Specifically; it is prohibited to create frames around any part of any of the Website or use other techniques that alter the visual presentation of the Website.

Prohibited Uses

Except as expressly permitted to do so under these Terms and Conditions, you may not, and you may not allow others to, directly or indirectly:

• Remove, from any copy of the Content on the Website, the copyright or other proprietary notices contained in or on such Content
• Sell, modify, make derivative works of, or attempt to modify the Content of the Website in any way or reproduce or publicly display, perform or distribute or otherwise provide access to or use any Content on the Website for any public, commercial or non-educational or non-personal purpose, including, without limitation, use to advertise or solicit business or use of the Content on any other Website
• Transfer any of the Content on the Website to any other person
• Use the Website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of or otherwise abuse the Website or any services, system resources, accounts, servers, networks, affiliated or Linked Sites (as defined below), connected to or accessible through the Website (including, without limitation, uploading, posting or otherwise transmitting on our sites computer viruses, Trojan horses, worms or other files, malware or computer programs that are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Website’s infrastructure; or use any robot, spider, scraper or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Website or the Content on the Website in whole or in part)
• Delete or revise any of the Content posted on the Website
• More generally, act in a way a reasonable person would not act.

Compliance with Law

You agree that you are solely responsible for your actions and communications undertaken or transmitted in the course of your usage of Content on the Website, and that you will comply with all laws that apply.

Jurisdiction and Choice of Law

Unless otherwise specified, the Content on the Website is presented to provide information about Lofty Foods Inc. and its products.

If you use the Website from any locations in the USA, you are responsible for compliance with the applicable laws in your jurisdiction and, if applicable, the jurisdiction in which you are physically accessing the Website(s).

Limitation of Liability

To the extent permitted by applicable law (and without limiting the “Non-Excludable Provisions” section above), in no event shall Lofty Foods Inc., or any of its directors, officers, agents or employees be liable for any damages whatsoever, including special, indirect, consequential, exemplary (punitive) damages arising out of or in connection with the use or performance of Content available on the Website whether in an action in contract, tort (including but not limited to negligence) or otherwise.

These include (but are not limited to) damages or injury caused by any:

• Use of (or inability to use) the Website
• Failure of performance
• Use of (or inability to use) any content created by a user of the Website
• Error
• Omission
• Interruption
• Defect
• Delay in operation or transmission
• Computer virus; and
• Line failure.

Keep in mind that we are not liable for damages of any kind, to the extent permitted by applicable law and without limiting the “Non-Excludable Provisions” section above), otherwise including without limitation the following:

• Damages intended to compensate someone directly for a loss or injury
• Loss of profits
• Damages reasonably expected to result from a loss or injury (legally, “consequential damages”); and
• Other miscellaneous damages and expenses resulting directly from a loss or injury (legally, “incidental damages”).

Submissions

Lofty Foods Inc. may not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials.

Release/Indemnity

To the extent permitted by applicable law, you agree to release, indemnify and hold harmless Lofty Foods Inc., and any of its directors, officers, agents and employees, and such other additional persons to be released and/or indemnified as identified in the terms, conditions and rules which govern specific promotions, contests or other programs on the Website (collectively referred to herein as the “Releases”) from all liability (whether arising in an action in contract, tort (including but not limited to negligence) or otherwise) in any way relating to or arising in connection with your use of the Website, including injuries, loss or damage of any kind. You acknowledge and agree that, except in respect of Non-Excludable Provisions, the Releasees have not made, and are not liable for, any representation, guarantee, warranty or condition in respect of the Website.

Intellectual Property

Lofty Foods Inc. owns the intellectual property rights in the Content and in all underlying programming or has obtained permission of the owner to use the Content.

The Website, including all Content on the Website, are protected by intellectual property laws and treaty provisions. You acknowledge and agree that the Website and the services and software used in connection with the Website contain proprietary and confidential information that is protected by applicable intellectual property laws and that your use of the Website is personal to you and is not assignable.

Termination of these Terms and Conditions

These Terms and Conditions, and the agreement between you and Lofty Foods Inc. that they create, are effective until terminated by either party. You may terminate these Terms and Conditions at any time, by immediately discontinuing your use and access of the Website and by destroying all Content obtained from each Lofty Foods Inc. Website you have accessed, along with all related documentation and all copies and installations. You will terminate these Terms and Conditions and your right to access the Website if you do not agree to any change made to the Website and/or these Terms and Conditions.

In addition, by providing material on the Website, we do not in any way promise that the materials will remain available to you. Lofty Foods Inc. is entitled to terminate or modify all or part of any of its Website at any time, without notice to you.

Miscellaneous Points about the Terms and Conditions

Lofty Foods Inc. may, without notice to you, modify these Terms and Conditions, and the agreement between you and Lofty Foods Inc. that they create, at any time, simply by updating this posting. Changes will be effective when they are posted. Please check the Terms and Conditions regularly for updates. If any term or condition or any change is not acceptable to you, you must discontinue your use of the Website immediately. Your continued use of the Website after any change to these Terms and Conditions is posted will constitute acceptance of change. These Terms and Conditions apply only to your use of the Website and not to any other agreement you may have with any Lofty Foods Inc. affiliate.