Terms and Conditions

General

Welcome to our website. The following Terms and Conditions of Use constitute a legal agreement between you and SunOpta Inc. on its behalf and on behalf of its subsidiaries and affiliates ("we" or "SUNOPTA"). By accessing, browsing and/or using our website, you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by these Terms and Conditions of Use. You further agree to be governed by any additional terms and conditions that we may apply to you arising from your accessing, browsing and/or using of our website, whether contained on this website or in a separate agreement with SUNOPTA. In the event of any conflict between these Terms and Conditions of Use and such additional terms and conditions, such additional terms and conditions shall govern to the extent of the conflict. SUNOPTA reserves the right, in its discretion, to update or revise these Terms and Conditions of Use and to post such updated or revised Terms and Conditions of Use on this website. If you do not wish to be subject to these terms please do not use our website. SUNOPTA may periodically change these terms and you should review them often.

WE WILL MAKE A REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT SUNOPTA ON THIS WEBSITE; HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED HERE IS ALWAYS UP TO DATE OR THAT THIS WEBSITE CONTAINS ALL RELEVANT INFORMATION AVAILABLE ABOUT SUNOPTA. IF YOU ARE MAKING AN INVESTMENT OR OTHER IMPORTANT DECISION, PLEASE CONSULT OTHER APPROPRIATE SOURCES, INCLUDING OUR PUBLIC FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION AND APPLICABLE CANADIAN SECURITIES REGULATORS.

These Terms and Conditions of Use were last updated on August 25, 2011. Your continued use of this website following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.

Privacy

From time to time, you may be requested to provide SUNOPTA with personal information. Such personal information is subject to SUNOPTA's Privacy Policy. To view SUNOPTA's Privacy Policy, please click on this link.

Third Party Information and Links

This website may contain links to third party websites ("Linked Sites"), and may incorporate information obtained from third parties ("Third Party Information"). The Linked Sites and Third Party Information are not under the control of SUNOPTA, and SUNOPTA is not responsible for the contents of any Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, decency, links or any other aspect of the Linked Sites. SUNOPTA is not responsible for any form of transmission received from any Linked Site nor is SUNOPTA responsible if the Linked Site is not working appropriately. SUNOPTA provides such links and information to you only as a convenience, and the inclusion of any link or Third Party Information does not imply endorsement by SUNOPTA of the website or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties conducted through the Site or Linked Sites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. SUNOPTA shall not be responsible or liable for any part of any such dealings.

Your Obligations

In consideration of your use of any services provided on this website, you represent, warrant, covenant and agree: (a) to provide true, accurate, current and complete information about yourself where prompted by the website (such information being the "Personal Data"); (b) to maintain and promptly update the Personal Data to keep it true, accurate, current and complete; (c) that you own or otherwise control all of the rights to any content that you may post on this website, that any such content is accurate and that use of any such content does not violate this policy and will not cause injury to any person or entity; and (d) that you will not use this website and/or SUNOPTA services in any manner which could damage, disable, overburden, or impair this website or interfere with any other party's use and enjoyment of this website and/or SUNOPTA products or services. SUNOPTA disclaims any responsibility and assumes no liability for any content posted by you or any third party. If you provide any information that is untrue, inaccurate, not current or incomplete, or if SUNOPTA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SUNOPTA has the right to suspend or terminate any services provided to you by SUNOPTA and refuse any and all current or future use of SUNOPTA services (or any portion thereof).

You are responsible for all activities undertaken by you using any information or service provided by SUNOPTA. All such activities are at your own risk. You shall not use, nor permit others to use, this website or any SUNOPTA services provided through this website in a manner or for a purpose contrary to these Terms and Conditions of Use. In the event that you access other networks or computing resources, you agree to abide by their respective usage policies. You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security.

You may not attempt to gain unauthorized access to this website and/or any SUNOPTA products or service, other accounts, computer systems or networks connected to this website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through this website.

SUNOPTA reserves the right at all times to disclose any information as SUNOPTA deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SUNOPTA's sole discretion.

Personal and Non-Commercial Use

Unless otherwise specified, the services provided on this website are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this website.

Children

Information and services provided by SUNOPTA are not intended for use by children. You further acknowledge that, as the legal guardian, it is your responsibility to determine whether use of the SUNOPTA services and/or content transmitted through the SUNOPTA services is appropriate for your child. So that we may comply with applicable privacy legislation, we ask that children under the age of thirteen not provide any personal information on this website.

Copyright and Trademark

All right, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, is the property of SUNOPTA, or to another party that has licensed their material to SUNOPTA and is protected by Canadian, United States and international copyright laws. The content of this website is not intended to be a comprehensive compilation of all of SUNOPTA's worldwide proprietary ownership rights, and SUNOPTA may own or control other proprietary rights in one or more countries outside of Canada and the United States. You may not reproduce, redistribute or otherwise use any materials without the express written consent of SUNOPTA. All rights not expressly granted are reserved. SUNOPTA's trademarks and trade dress may not be used in connection with any product or service that is not SUNOPTA's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits SUNOPTA.

International Use

As this website may be accessed globally, if you choose to access this website from locations other than Canada or the United States, you do so on your own initiative and are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to Canada or the country in which you reside. Notwithstanding the foregoing, SUNOPTA makes no representation that materials on this website are appropriate or available for use in locations outside Canada or the United States, as applicable, and accessing them from territories where their contents are illegal is prohibited.

Health Information

All materials related to health information are provided for educational purposes only. Furthermore, some of this content comes from third parties. The most accurate information is always on the label on the actual products referred to on this website. We periodically update our labels based on new nutritional analysis to verify natural variations from crop to crop and at times formula revisions. This website does not necessarily get updated at the same time. The values on this website are intended to be a general guide to consumers. For absolute values, the actual label on the product at hand should be relied on.

While SUNOPTA uses its reasonable best efforts to verify the accuracy of the information on this website, SUNOPTA does not guarantee the accuracy or completeness of such information. We cannot be held responsible for individual reactions to any products nor can we guarantee the absence of cross-contamination. Actual product packaging and materials may contain more and/or different information than that shown on our website. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product.

Content on this website is for reference purposes and is not intended to substitute for advice given by a physician or other licensed health-care professional. We do not endorse or warrant the validity of any health-related statements found on our website or on any third-party websites accessed through our website. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding vitamins, supplements and other dietary and nutritional products have not been evaluated by Health Canada or the United States Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. SUNOPTA disclaims any liability for inaccuracies or misstatements about products.

Downloads

All content and software (if any) that is made available to view and/or download in connection with this website, excluding content and/or software that may be made available by end-users through a Communication Service ("Software") is owned by and is the copyrighted work of SUNOPTA and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the software license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

You further agree that you will not download any content or software without complying with all applicable use controls, laws and regulations, and you warrant that you will not download any content or software where such downloading is prohibited by local laws.

Disclaimer of Warranties

ALL MATERIALS, INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN THIS SITE OR OBTAINED FROM A LINKED SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SUNOPTA HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS SITE; HOWEVER, SUNOPTA ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL SUNOPTA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU SPECIFICALLY AGREE THAT SUNOPTA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (WHETHER THROUGH HACKING, PASSWORD MINING OR ANY OTHER MEANS), ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS A RESULT OF VIEWING THIS WEBSITE. YOU SPECIFICALLY AGREE THAT SUNOPTA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS IN NO EVENT SHALL SUNOPTA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, AND (5) ANY THEORY OF LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, WHETHER OR NOT SUNOPTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You hereby agree to defend, indemnify and hold harmless SUNOPTA and its directors, officers, employees, representatives and agents from and against all liabilities, claims and expenses, including attorney's fees, that arise from or relate to your use or misuse of this website, your connection to this website and/or SUNOPTA services, any your non-compliance with these Terms and Conditions of Use, any information or content that you supply or your violation of any third-party rights. SUNOPTA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SUNOPTA in asserting any available defenses.

Violation of Terms and Conditions of Use and Termination

Where feasible (in SUNOPTA's sole discretion), SUNOPTA will advise you of any inappropriate behaviour on your part and any necessary corrective action. However, if this website or any SUNOPTA services are used in a way in which SUNOPTA, in its sole discretion, deems to violate these Terms and Conditions of Use, SUNOPTA or its agent may take any responsible actions deemed appropriate. Such action may include, but is not limited to, temporary or permanent removal of content and/or filtering of Internet transmissions. SUNOPTA shall not be liable in any way for any such responsive actions. The above-described actions are not SUNOPTA's exclusive remedies and SUNOPTA may take any other legal, equitable or technical action it deems appropriate.

SUNOPTA reserves the right to investigate suspected violations of these Terms and Conditions of Use. You hereby authorize SUNOPTA to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these Terms and Conditions of Use. Such cooperation may include SUNOPTA providing the username, IP address or other identifying information about you. Upon termination of any account you may have with SUNOPTA, you authorize SUNOPTA to delete any files, programs, data and email messages associated with such account.

Notwithstanding the foregoing, SUNOPTA reserves the right, in its sole discretion, to terminate your access to this site and SUNOPTA services or any portion thereof, for any reason without notice.

Forward-Looking Statements

From time to time, we make written or oral forward-looking statements within the meaning of certain securities laws, including on this website, in filings with Canadian securities regulators or the U.S. Securities and Exchange Commission and in other communications. These statements include, but are not limited to, statements we make about our financial condition, operations, business lines, risk management, priorities, targets, ongoing objectives, strategies and outlook. Forward-looking statements are typically identified by the words "believe," "expect," "anticipate," "intend," "estimate" and other similar expressions or future or conditional verbs such as "will," "should," "would" and "could." By their nature, these statements require us to make assumptions and are subject to inherent risks and uncertainties that may be general or specific. A variety of factors, many of which are beyond our control, affect our operations, performance and results and those of our business lines, and could cause actual results to differ materially from the expectations expressed in any of our forward-looking statements. Readers should not place undue reliance on our forward-looking statements. We do not undertake to update any forward-looking statement that is contained in this site or in other communications. Additional information regarding these and other risks is contained in our periodic filings with the United States Securities and Exchange Commission and applicable Canadian securities regulators.

Notice

All demands, notices, communications and reports required under these terms and conditions of use, including any notice of infringement of your copyright, shall be in writing and shall be either sent by facsimile transmission with confirmation to the number specified below or personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to SUNOPTA at the address specified below:

SunOpta Inc.
2838 Bovaird Drive West
Brampton, Ontario,
Canada L7A 0H2

Telephone: (905) 455 2528 ext 113
Fax: (905) 455 2529
E-mail: webcomm@sunopta.com

General Provisions

This agreement is governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these Terms and Conditions of Use or to any contracts relating to goods or services obtained through this website. No joint venture, partnership, employment, or agency relationship exists between you and SUNOPTA as a result of this agreement or use of this website and/or SUNOPTA services. SUNOPTA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SUNOPTA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this site, SUNOPTA services or information provided to or gathered by SUNOPTA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and SUNOPTA with respect to this website and SUNOPTA services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SUNOPTA with respect to this site and SUNOPTA services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volont expresse des parties que la prsente convention ainsi que les documents qui s'y rattachent soient rdigs en anglais.