TERMS OF SERVICE AND PRIVACY POLICY The Terms of Service set forth below (sometimes referred to as the "Terms" or the "Agreement") are the terms and conditions that are applicable to your access and use of each of the World Wide Web pages contained in all the Web Sites 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"). All such Web pages and Web sites will be collectively referred to in these Terms as the "Web Site." Additional terms and conditions may apply to particular areas of the Web Site or to particular products or services offered by or through Cumberland or the Web Site where expressly indicated. PLEASE READ THESE TERMS CAREFULLY PRIOR TO ACCESSING OR USING THE WEB SITE. By accessing or using the Web Site, you are accepting the Terms and agreeing to be legally bound by them, including the Privacy Policy included herein. If you do not agree to be legally bound by the Terms, you are not permitted to access or use the Web Site. 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 Web Site) at any time in its sole discretion, so please check periodically for changes. Your continued access and use of the Web Site after Cumberland posts any such changes will signify your acceptance of the changes. 1. Restrictions on Use of Materials and Access to Web Site. Unless otherwise noted on the Web Site in connection with a particular area or Material (as defined below), all content, data, information and materials available on the Web Site, 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 copyright, trademark, service mark, trade dress, patent, trade secret and other available intellectual and proprietary right 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 from 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 designators in the Materials intact. You may not systematically retrieve any Materials to directly or indirectly compile or create a collection, compilation, database or directory, except for your personal, non-commercial home use, without Cumberland's prior written consent. Except with respect to commercially available applications commonly known as "web browser" software, you agree not to use any software, program, application or other device to access or log on to the Web Site, or to automate the process of obtaining, downloading, transferring or transmitting any 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. Digital Imagery© on homepage copyright 2000 PhotoDisc, Inc. 2. Trademark Information. The following is a list of the trademarks, service marks and/or trade names owned by or proprietary to us, and we reserve all rights therein throughout the world. This list is not complete. 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. All other marks are trademarks, service marks or trade names of Cumberland, its subsidiaries, affiliates or licensors, unless otherwise noted: SWEET'N LOW® BUTTER BUDS® SUGAR IN THE RAW® NU-SALT® The following is a list of the trademarks, service marks and/or trade names owned by or proprietary to Stadt Holdings Corporation and used by us under license: NATRATASTE BLUE® SWEET ONE® All other trademarks, service marks and trade names used or referenced within our Web Site are owned by and reserved to their respective owners. 3. Privacy Policy. We honor your privacy and wish to do everything reasonably in our power to protect your private, personally identifiable information. To demonstrate our dedication to respecting your privacy, we have developed this Privacy Policy to disclose what types of information we may collect from visitors to our Web Site and how we might use that information. As described below, some of your personally identifiable information is disclosed to third parties and used by us and third parties. By using our Web Site, you expressly consent to our use and disclosure of your personally identifiable 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 and provide access to the relevant modifications. 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 web sites on the Internet, including web sites that you may reach through Cumberland's Web Site, different rules or policies may apply. What Type of Information Do We Collect and What are "Cookies"? In order to measure the usefulness and efficiency of our Web Site, and in an attempt to provide a more pleasant and personalized on-line experience, we automatically track certain information from all visitors to our Web Site. This information is compiled and analyzed on an aggregated basis, and we do not generally track anyone's personally identifiable information. The types of information we might track may include the Internet address that you just came from, which Internet address you go to, what browser you are using (e.g., Internet Explorer, Netscape), what operating system you are using (e.g., Windows, Macintosh) and the domain name of your Internet service provider. We may also track the total number of visitors to our Web Site in an aggregate form to allow us to update and improve our site, but personally identifiable information is not extracted in this process. Like most interactive web sites, we may use "cookies" on certain pages of our Web Site. "Cookies" are small data files that are stored on your hard drive and contain certain information accessible to our Web Site, such as any information content preferences you may voluntarily set at our Web Site and your username and password, if you voluntarily register with us as a user of our Web Site (should we at any time make such registration available). You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our Web Site and you may be required to reenter your password more frequently during a session if passwords are required to access any part of our Web Site. Cumberland also collects information through interactive questionnaires and registration requests. For example, in response to such questionnaires and registration requests, you have the option of revealing information about (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. Should you wish to not reveal this kind of information, you should abstain from completing the questionnaire or registration. Please be aware, however, that certain information is required in order for us to provide products and services. If you elect not to share required information, you may not be able to receive such products and services. 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. How Does Cumberland Use My Information? How does Cumberland use "Cookies"? We use the information you provide to us for purposes that are compatible with the reasons we requested it or you provided it. For example, we may use the information you provide to try to fulfill your request for information about us or our products and services, to mail free product samples you may request or deliver products you may have purchased online. We may aggregate some or all of the information described above in an effort to improve our marketing and promotional efforts, to statistically analyze Web Site usage, to improve our content and product offerings and to customize our Web Site's content, layout, and services. When we aggregate data, any information that could personally identify you is excluded and the raw data and information is combined to isolate and identify the trends in use by and apparent needs of various demographic types. Assuming you have voluntarily provided us with such information, we may use your email address, your mailing address and phone number to contact you regarding administrative notices, new product offerings and communications relevant to your use of our Web Site 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. Who Does Cumberland Share My Information With? At this time, we do not sell or rent any personally identifiable information about you to any third party, although we may choose to do so in the future with third parties we consider trustworthy. You can request us not to ever sell or rent your personally identifiable information to unrelated third parties by sending a blank e-mail message to opt-out@cpack.com. Notwithstanding the above, in order to offer you a high level of quality products and services, we do share certain personally identifiable information about you with our subsidiaries, affiliates and agents. Rest assured that Cumberland takes all reasonable precautions to ensure that its subsidiaries, affiliates and agents respect the privacy of your personally identifiable information and use it only for its intended purposes. The following describes some of the ways that your personally identifiable information may be disclosed: Cumberland Subsidiaries and Joint Ventures. We will share much of our data, including personally identifiable information about you, with our subsidiaries and joint venture partners and affiliates that are directly or indirectly involved in providing products and services to our customers and supply partners. To the extent that these entities obtain access to your information, they will treat it with the same care and confidentiality as they treat information they obtain from their other users. We usually require our subsidiaries and joint venture partners and affiliates to follow privacy practices no less protective of all users than our practices described in this Privacy Policy. Co-Brand Providers. Cumberland may at some time offer a number of third party services or products from our Web Site. If you are eligible to choose to use these optional services or products, we will, by necessity, provide some of your personally identifiable information to the co-brand provider offering such services or products for purposes consistent with such offering. Before we provide your information to the co-brand provider, we will let you see what data is about to be sent to them. You can, of course, avoid having us make such disclosures by choosing not to use these services or products. 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. Suppliers and Providers. 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. In some instances, the third party supplier or provider may collect information directly from you. In these cases, you will be notified of the involvement of the supplier or provider and all information disclosures you make will be strictly optional. You should note, however, that you may not be able to obtain a particular product or service without providing the information requested. These third party suppliers and providers are usually bound by law, contract or trade custom to only access and use your information in accordance with the purpose it has been provided. We do not permit any third party supplier or provider to sell or lease your information to other third parties. Legal Requests. Cumberland expressly reserves the right to 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. Advertisers. We do aggregate personally identifiable information and may in the future disclose such information in aggregate to advertisers and for other marketing and promotional purposes. However, in these situations, we do not presently anticipate disclosing to these entities any information that could be used to personally identify you. 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 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 web sites you use. A Special Note on Children. We do not request that any information be provided to us by any child under the age of 18, and we must ask that no such child provide us with any information without the consent and supervision of his or her parent or guardian. 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. You may also write, fax or call 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. As a courtesy to you and other visitors to the Web Site, we may provide hyperlinks or references to a variety of other web sites and resources. Solely by virtue of such hyperlinks or references, Cumberland is not making a sponsorship, referral or endorsement of or to the information or content contained in such hyperlinked sources or the entities that are responsible for such information. Furthermore, Cumberland is not stating or implying that it is affiliated with any such entity or that it or the entity hosting or providing such information or content is legally authorized to use any of the information or content, including, without limitation, any trademark, copyright or other intellectual property right on or that may be accessible through these hyperlinks. We are also not responsible for the information or content of any hyperlinked third party web sites and do not make any representations regarding the content, accuracy or timeliness of such information or content. We cannot vouch for the security or privacy of any personally identifiable information you may provide any third party, and we suggest that you carefully review the privacy policies available at such third party web sites. 5. Disclaimer of Warranties and Limitation of Liability. THE WEB SITE, THE MATERIALS AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSIBLE THROUGH THE WEB SITE 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 WEB SITE. ACCESS TO THE WEB SITE, ANY OF THE MATERIALS, AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSIBLE THROUGH THE WEB SITE 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. 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 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 Web Site 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, including but not limited to: the unauthorized use of any account you may have with Cumberland, its subsidiaries or affiliates; breach of the Terms or any other agreement between you and Cumberland, its subsidiaries or affiliates; the discontinuance of or limitation on Cumberland's use of or access to any of the Materials; or termination or expiration of one or more of the agreements between Cumberland, its subsidiaries or affiliates and the supplier or provider of any Materials or other information, content or data. Last Updated: July 12, 2000