Terms of Use and Copyright Statement

Your Agreement with Leading Brands, Inc:

Welcome to the Leading Brands of Canada, Inc website. Following are the terms and conditions that govern your use of this site (www.lbix.com).

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND LEADING BRANDS, INC. ("LEADING BRANDS" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.

Ownership of This Website

This website is owned and operated by Leading Brands. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software ("Content"), is owned by Leading Brands, its licensors and its content providers.

All elements of the Leading Brands website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, industrial design, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Leading Brands or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Leading Brands or its licensors unless otherwise expressly agreed. You agree to indemnify Leading Brands, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of any breach of the terms of this Agreement or any unauthorized use of the Content and related rights.

Trademarks

"Leading Brands," "We Build Brands," "TrueBlue," "TREK," "Soy2o," "Country Harvest, "Caesar's," "Cool Canadian," "Infinity," and "Brand X Originals" are Canadian registered or pending trademarks of Leading Brands or its subsidiaries or its licensors or third-party content providers and are registered or pending in other countries. Other product and company names mentioned herein may be the trademarks of their respective owners or Leading Brands.

Copyright Notice

Copyright © 2005 Leading Brands, Inc. and/or its suppliers, Suite 1800 - 1500 West Georgia Street, Vancouver, BC Canada V6G 2Z6. All rights reserved.

Disclaimers

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND LEADING BRANDS EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. LEADING BRANDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT LEADING BRANDS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither Leading Brands nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or its Content whether or not we have been advised of the possibility of such damages.

Leading Brands uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

There may be links to other websites from the Leading Brands website; however, these other websites are not controlled by Leading Brands and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Leading Brands regarding the inclusion of links to outside websites or your use of those websites.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Governing Law and Venue

This Agreement shall be interpreted, construed and governed by the laws of the Province of British Columbia, Canada, without reference to its laws relating to conflicts of law or the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Supreme Court of the Province of British Columbia, Canada. Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, Leading Brands shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-Canadian court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Leading Brands, such action is necessary or desirable.

No Waiver, Severability

No action of Leading Brands, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms and Conditions of Use, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Leading Brands and you relating to your use of this website.

Exclusions

Any rights not expressly granted herein are reserved.

Contact

If you have any questions about the above terms and conditions and your use of this website, please contact:

Website Administrator
Leading Brands, Inc.
Suite 1800 - 1500 West Georgia Street
Vancouver, BC Canada V6G 2Z6
[email protected]