Terms of Service & Privacy Policy

The Terms of Service set forth below (the "Terms"), including the Privacy Policy set forth herein, are the terms and conditions that are applicable to your access and use of each of the websites owned, operated or controlled by Cumberland Packing Corp. or any of its subsidiaries or affiliates (unless otherwise indicated, collectively referred to as "Cumberland", "we" or "us"). Additional terms and conditions may apply to particular areas of the websites ("Website(s)").

PLEASE READ THESE TERMS CAREFULLY PRIOR TO ACCESSING OR USING THE WEBSITE

By accessing or using the Website, you are accepting the Terms and agreeing to be legally bound by them. If you do not agree to the Terms, you are not permitted to access or use the Website. Cumberland reserves the right to modify, change, add or remove any or all of the Terms (including the Privacy Policy and any other terms or conditions relating to the Website) at any time in its sole discretion, so please periodically check these Terms for changes. Your continued access to and use of the Website after Cumberland posts any such changes constitutes your consent to the then current Terms.

1. Restrictions on Use of Materials and Access to Website.

Unless otherwise noted on the Website, all content, data, information and materials available on the Website, including without limitation, images, illustrations, designs, icons, photographs, video and audio clips, text and any other content, data, information or materials (collectively, the "Materials"), are owned by or proprietary to Cumberland or its licensors and are protected by applicable intellectual property laws. Except as expressly authorized by Cumberland, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works of the Materials. You may, however, download one copy of the Materials on any single computer for your own internal use only, provided that you retain all copyright and other proprietary legends on the Materials. Cumberland reserves all rights to the Materials, and any other use of the Materials for any purpose not expressly granted in the Terms or any other applicable written agreement between Cumberland and you is expressly prohibited.

2. Trademark Information.

The following is a list of certain trademarks, service marks and/or trade names owned by or proprietary to us, and we reserve all rights therein throughout the world.  Those marks followed by a ® symbol are registered trademarks or service marks of Cumberland in the United States, and certain of the trademarks or service marks listed may be registered in other countries or jurisdictions. 

SWEET'N LOW®
BUTTER BUDS®
SUGAR IN THE RAW®
NU-SALT®

The following is a list of certain trademarks, service marks and/or trade names owned by or proprietary to Stadt Holdings Corporation and used by us under license:

NATRATASTE®
SWEET ONE®

All other trademarks, service marks and trade names used or referenced on our Website are owned by and reserved to their respective owners.

3. Privacy Policy.

We respect your privacy and provide this Privacy Policy to explain how we treat information you provide to us.

Consent.

By using our Website, you expressly consent to our use and disclosure of your information in the manner disclosed below. Because of the rapidly evolving legal and business environment surrounding privacy on the Internet, please be aware that Cumberland must reserve the right to modify this Privacy Policy at any time, in which event we would post an appropriate notice of such change by updating the "Last Updated" legend.

Please bear in mind that this Privacy Policy only addresses our use and disclosure of information we collect from you. To the extent that you disclose information or data to other parties or other websites on the Internet, including websites that you may reach through our Websites, different rules or policies may apply.

What Type of Information Do We Collect?

In order to measure the usefulness and efficiency of our Website, and in an attempt to provide a more pleasant and personalized on-line experience, we automatically track certain information from all visitors to our Website. This information is compiled and analyzed on an aggregated basis.

We may use "cookies" on certain pages of our Website. "Cookies" are small data files that are stored on your hard drive and contain certain information accessible to our Website, such as any information content preferences you may voluntarily set at our Website and your username and password, if you voluntarily register with us as a user of our Website (should we at any time make such registration available). You are always free to turn off cookies if your browser permits, although you may not be able to use certain features on our Website and you may be required to reenter your password more frequently during a session if passwords are required to access any part of our Website.

Cumberland may also collect information through interactive questionnaires and registration requests. For example, in response to such questionnaires and registration requests, you may be asked to provide (i) your name, (ii) address, (iii) gender, (iv) number of people in your household or company and their age ranges, and (v) your preference as to receiving additional information regarding certain products, services or health related topics. Furthermore, we may request certain credit card information if you attempt to purchase any products that may be available from our online stores. Although you are not required to share such information, if you elect not to share certain information, you may not be able to purchase certain products and/or utilize certain services or functionality. If you voluntarily send us any correspondence, such as emails or letters, we may also retain such correspondence and information in a file specific to you.

If you have voluntarily provided us with such information, we may use your email address, mailing address and phone number to contact you regarding administrative notices, new product offerings and communications relevant to your use of our Website or products and services offered by Cumberland and its affiliates. You have the option of not participating in these programs by not providing us with your contact information or by opting out after receipt of such information.

Who Does Cumberland Share My Information With?

We will not sell, trade, rent or share your personally identifiable information with any third party, other than as disclosed in this Privacy Policy and/or unless you consent to such disclosure (e.g., your request to receive certain goods or services from a third party or otherwise utilize certain features of the Website, or via direct agreement to such disclosure). Notwithstanding the above, in order to offer you a high level of quality products and services, we may use personally identifiable information or other information you have provided in order to transmit communications to you, and we may share certain personally identifiable information about you with our subsidiaries, affiliates, agents and partners. Cumberland takes all reasonable precautions to ensure that its subsidiaries, affiliates, agents and partners respect the privacy of your personally identifiable information and use it only for its intended purposes. You may opt-out of any disclosure of your personally identifiable information by sending a blank e-mail message to opt-out@cpack.com.

We may use some third party suppliers and providers to directly or indirectly provide products and services to our customers, and we may need to share your personally identifiable information with them in order to permit them to provide the products and services. For example, we use a reputable third party credit card processing agency for online purchases made with credit cards. If you choose to use these optional services or products, we will, by necessity, provide some of your personally identifiable information to the third party provider offering such services or products for purposes consistent with such offering. Additionally, in some instances, the third party supplier or provider may collect information directly from you. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services or products. In addition, a co-brand provider may directly ask you for certain information to assist it in providing you with products or services.

Cumberland expressly reserves the right to retain, disclose or report any of your information in limited circumstances where we reasonably deem it necessary to comply with applicable laws, rules and regulations, to cooperate with government or industry regulators and law enforcement officials, to perform any necessary credit checks or collect or report debts owed to us, or to protect our rights or property. It is our policy to comply with any such requirements (including a good-faith belief that such requirement exists), and you agree we shall have no liability for any such disclosure or retention.

We also may collect and report to third parties aggregate, non-personally identifiable information about you and other users of our Website for advertising, marketing and promotional purposes.

What Kinds of Security Procedures Does Cumberland Use?

We use industry standard efforts to safeguard the confidentiality of your personal identifiable information, such as firewalls and Secure Sockets Layer (SSL) encryption if your browser is capable of using such encryption. However, please bear in mind that "perfect security" does not exist on the Internet, although you can increase your protection by proper use and maintenance of your passwords, electing to use SSL or industry standard encryption when available and evaluating the privacy policies of websites you use.

A Special Note on Children.

Pursuant to the terms of the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personally-identifiable information from children under the age of thirteen (13).  The Website is not directed at children under the age of thirteen (13), and by using the Website and/or providing information to us, you represent that you are not under the age of thirteen 13).

What should I do if I have questions?

If you would like us to update, change, or delete any personally identifiable information we have about you (subject to any applicable legal exceptions), would like to opt out of receiving further information, or have questions about our privacy policy, please contact us at privacy.policy@cpack.com. You may also write, call or fax us at: Privacy Policy, Cumberland Packing Corp., 2 Cumberland St., Brooklyn, NY 11215 t: 718-858-4200 f: 718-858-4785.

4. Links to Other Sites.

Any third-party links and applications in or on our Website are subject to such third party's separate and independent privacy policies and terms of use, and we have no responsibility or liability for the content and activities of such linked sites or applications.  We recommend that you review all applicable third party privacy policies before you disclose personal information.

5. Disclaimer of Warranties and Limitation of Liability.

THE WEBSITE, THE MATERIALS AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED "AS IS," AND NEITHER CUMBERLAND NOR ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY OF THE FOREGOING. CUMBERLAND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INFRINGEMENT. NEITHER CUMBERLAND NOR ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS IS UNDER ANY OBLIGATION TO UPDATE ANY MATERIALS OR CONTINUE TO OFFER ANY MATERIALS, PRODUCTS OR SERVICES CURRENTLY AVAILABLE ON THE WEBSITE. ACCESS TO THE WEBSITE, ANY OF THE MATERIALS, AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE MAY BE LIMITED OR UNAVAILABLE AT ANY TIME, INCLUDING, WITHOUT LIMITATION, DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS, OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS.

THE PACKAGING INGREDIENTS AND OTHER CLAIMS REFERENCED ON THE WEBSITES APPLY SOLELY TO PRODUCTS DISTRIBUTED IN THE UNITED STATES, AND SHALL NOT APPLY TO PRODUCTS SOLD OR DISTRIBUTED OUTSIDE OF THE UNITED STATES.

IN NO EVENT WILL CUMBERLAND, ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS OR OTHER PERSONS TRANSMITTING THE MATERIALS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE OF THE MATERIALS OR ANY PRODUCTS SOLD VIA THE WEBSITE, OR FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE MATERIALS OR FOR OMISSIONS OR INACCURACIES IN THE MATERIALS OR FROM LOSS OR CORRUPTION OF DATA OR THE COST OF RECOVERING ANY DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND, AS A CONDITION TO ACCESSING SUCH MATERIALS, YOU EXPRESSLY WAIVE ANY CLAIM YOU MAY HAVE AGAINST CUMBERLAND, ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS, OR ANY OTHER PERSON WITH RESPECT TO ANY MATERIALS, OR PORTION THEREOF.

6. Termination.

Cumberland reserves the right to terminate your use of and/or access to the Website and any or all of the Materials or any portion thereof without any liability to you and to take any other action Cumberland deems appropriate, in its sole discretion, without limitation for any reason whatsoever.

7. User Submissions (or User Content)

You agree that if you send us, post, upload or otherwise provide feedback, content, data, text, photographs, graphics or other materials, including, without limitation, any confidential, proprietary or other information (“Submission”), Cumberland shall not be required to compensate you for any such Submission, any such Submission shall not be considered confidential or non-public once submitted to Cumberland, and Cumberland shall decide, in its sole discretion, whether or not to post or use the Submission. Further, by providing a Submission via the Website or otherwise, you: (i) agree not to make any Submission that violates the Terms of Service; (ii) grant Cumberland a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sublicenseable, royalty–free license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (iii) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (iv) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any such Submission.  You also grant each user of the Website a perpetual, worldwide, non-exclusive, royalty-free license to access your Submission through the Website, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted by Cumberland and under these Terms of Service.

You represent that you own or have the right to provide any such Submissions, and you may not upload, post, email or otherwise make available any Submission containing content that you do not have a right to make available under any law or under contractual or fiduciary relationships or that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party.



You agree that you will not upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; or (viii) contains any worms or viruses or any code of a destructive nature.

You acknowledge that Cumberland and its designees shall have the right (but not the obligation) to pre-screen, refuse, or remove any Submission.  Without limiting the foregoing, Cumberland and its designees shall have the right to remove any Submission that it or they determine violates the Terms of Service or is otherwise objectionable. Under no circumstances will Cumberland be liable in any way for any Submission, including without limitation, any errors or omissions therein or any loss or damage of any kind incurred as a result of the exposure to or use of any Submission a user makes available via the Website.

8. Miscellaneous.

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws provisions.  All disputes arising out of or with respect to the Terms shall be heard exclusively in the federal and state courts of the state of New York, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts, unless Cumberland chooses to bring suit in an alternative location. No Waiver. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  These Terms, and any web pages or other documents or policies incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

California Shine the Light Law. Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us, once per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2012 will receive information regarding 2011 sharing activities). To obtain this information from us, please email us at privacy.policy@cpack.com and enter "Request for California Privacy Information" for the subject of your message, and we will send you a reply e–mail containing the requested information. Not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.

Last Updated: August 10, 2012