IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING AND USING THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CEASE ACCESSING THIS WEBSITE IMMEDIATELY.
1. This is an agreement, effective immediately, between you (“You”) and United Farmers of Alberta Co-operative Ltd. (the “Provider”). “We” and “Us” means both You and the Provider.
The Provider hereby grants to You a personal, non-transferable and nonexclusive license to access, read and download one copy of the Content in object-code format and use the software embedded and integrated into the website to reproduce the software only as reasonably required to install, run and make reasonable backup copies as allowed by law, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on Your access and use of such software.
You agree that You will not:
a. Except to the extent expressly permitted in this Agreement: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the software associated with this website in whole or in part; (ii) sell, rent, lease, licence, transfer or otherwise provide access to the software; (iii) alter, remove or cover any trademarks or proprietary notices included in the software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the software or assist others in doing so.
b. distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any network; or
c. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merger, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, by they physical, electronic or otherwise.
d. You will not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Provider or its licensors or allow any third-party to access the Content.
e. The restrictions set out in this Agreement will not apply to the limited extent the restrictions are prohibited by applicable law.
5. You will not access or use the website for an illegal, fraudulent, malicious, obscene, or defamatory purpose, or take steps or actions that could or do undermine the security, integrity, effectiveness, goodwill or connectivity of the website (including illegal, fraudulent, malicious, defamatory or other activities that threaten to harm or cause harm to any other person).
6. Withdrawal of Access: We may terminate this Agreement with You or withdraw Your access at any time, without notice to You, in which case this Agreement will continue to apply in respect of Your past access. We will not be liable for any losses or inconvenience that results from withdrawal of Your access.
7. While the Provider encourages links to the website, it does not wish to be linked to or from any third-party website which contains, posts or transmits any illegal, fraudulent, malicious, obscene, or defamatory materials or contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, or is itself illegal, fraudulent, malicious, obscene, or defamatory.
8. The Provider reserves the right, in its sole discretion, to edit or remove any submission to the website, whether or not the submission is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that the Provider may, in its sole discretion, monitor the website periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the website properly or to protect itself or other users of the website.
9. To use certain features of the website, You may be asked to register with the website. You agree (i) to provide true, accurate, current and complete information about Yourself as prompted by any registration form; and (ii) to maintain and promptly update the information You provide to keep it true, accurate, current and complete. If the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider has the right to suspend or terminate Your access to and use of the website (or any portion thereof).
10. To use certain features of the website, You may also need a username and password, which You will receive through the website registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under Your password or account. You agree to notify the Provider immediately of any unauthorized use of Your password or account or any other breach of security, and to ensure that You exit from Your account at the end of each session. The Provider cannot and will not be liable for any loss or damage arising from the Provider's failure or Your failure to protect Your password or account information.
Data Transmission, Representations and Warranties, Limitations on Liability
11. You hereby consent to the exchange of information and documents between Us electronically over the internet or by e-mail, if to You or if to Provider.
12. You represent and warrant that:
- a. You are an individual and over 18 years of age;
- b. You are entitled to conclude this Agreement;
- c. You will not do any promotion or advertising involving the Provider, its Content or its website without the prior written authorization of the Provider; and
- d. You will not remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line or other mark or source identifier included on the Provider’s Content or its website.
- e. Regardless of the presence or absence of encryption technology, there is no guarantee that personal information and transactions on this website or on the internet will be maintained confidential and secure. Communications sent over the internet are not secure and may be lost, intercepted, or altered. Except where another written agreement with the Provider says otherwise, You agree that the Provider is under no obligation to accept or act on any instructions You provide to us electronically. If You send the Provider confidential information by electronic means, the Provider will not be liable if it is lost or intercepted, altered or misused by someone else. The Provider may (at its sole discretion) respond to You electronically, and provide electronically any confidential information that You have requested; You also agree the Provider will not be liable if the information provided is lost or intercepted, altered or misused by someone else.
- f. The use of this website and the content is at Your own risk and the Provider assumes no liability or responsibility pertaining to the content, Your use of the website or the receipt, storage, transmission or other use of Your personal information. The content is ‘as-is’ and may not be accurate, up to date, complete, uncorrupted or untampered, and is not to be relied upon. The Provider assumes no obligation to update the content on this site. The content on this site may be changed without notice to You. The Provider is not responsible for any content or information that You may find undesirable or objectionable. The Provider disclaims any liability for unauthorized use or reproduction of any portion of the website. Accessing the content from territories where it may be illegal is prohibited.
- g. This website may contains link to third-party websites. These links are provided solely as a convenience to You and not as an endorsement by the Provider of the contents of such third-party websites. The Provider is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
- h. In no event will the Provider, its affiliates, agents, licensors, suppliers, or their respective directors or employees, be liable for any damages or losses including, but not limited to, viruses, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third-party websites; the internet’s functionality; personal injury; third-party content, products or services; damages or losses caused by You, or Your respective employees, agents or subcontractors; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use this website or the content; any other website accessed to or from this website; or events beyond the reasonable control of the Provider, even if the Provider or any of its lawful agents, or employees have been advised of the possibility of such damages or claim.
- i. In no case will the Provider's, its affiliates', agents', licensors', suppliers', and their respective directors' and employees' cumulative total liability arising under any cause whatsoever (including without limitation breach of contract, tort, negligence, gross negligence, or otherwise) be for more than the amount, if any, paid by You under this Agreement to access this website, in the year in which the claim arose.
- j. You understand and agree that, in addition to those limitations of liability set out elsewhere in this Agreement, the Provider will be liable to You only for direct damages resulting from its gross negligence, fraud or willful misconduct arising directly from the performance by it of its obligations under this Agreement and it will not be liable to You for any other direct damages. It will not under any circumstances be liable to You for any other losses, including indirect, incidental, special, punitive or consequential losses or damages, loss of profits, damages for inconvenience, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement or the services provided to You by the Provider, even if it were advised of the possibility of damages or were negligent. These limitations apply to any act or omission of it or its officers, directors, affiliates, agents or suppliers, whether or not the act or omission would otherwise give rise to a cause of action in contract, tort, statute or any other doctrine of law. Gross negligence means conduct (whether through action or inaction, or through words or silence) which is (a) a marked and flagrant departure from the conduct ordinarily expected of a reasonable and prudent person in its position, or (b) so wanton and reckless as to constitute an utter disregard for harmful, foreseeable and avoidable consequences
- k. These limitations apply to any act or omission of us or the Provider’s officers, directors, affiliates, agents or suppliers, whether or not the act or omission would otherwise give rise to a cause of action in contract, tort, statute or any other doctrine of law, and even it were advised of the possibility of damages or were negligent
13. The Provider may from time to time, but is not obligated to, monitor Your use of the website and collect, store, use and disclose to (insert third parties to whom personal information may be disclosed) personal information about You for (insert specific purposes for collection, storage, use and disclosure) and You hereby consent to such collection, storage, use and disclosure and waive any right of privacy You may have.
14. You may access, correct and delete Your own personal information stored by the Provider [and third parties] by (insert method or contact information).
15. This Agreement is effective until terminated by the Provider, with or without cause, in the Provider's sole and unfettered discretion. The Provider may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by the Provider will be in addition to and without prejudice to such rights and remedies as may be available to the Provider, including injunction and other equitable remedies.
Release and Indemnity
16. You agree at all times to indemnify, defend and hold harmless the Provider, its agents, suppliers, affiliates and their respective officers, directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Provider directly or indirectly in respect of either (i) any information or other content You provide on or through this website or which is sent to the Provider by e-mail or other correspondence; or (ii) Your use or misuse of the Content or this website, including without limitation infringement claims.
17. The disclaimers, limitations on liability, ownership, termination, interpretation, Your license to the Provider, Your warranty and the indemnity provisions of this Agreement will survive the termination or expiry of this Agreement.
18. You agree that any communication or contract delivered, received or entered into by electronic means will be considered to be signed and/or delivered and to constitute a “writing” for the purposes of any statute or rule of law. You agree not to dispute any such communication or contract on the basis that it was delivered, received or entered into by electronic means, including on the basis that it was not “in writing” or was not signed or delivered.
19. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
20. This Agreement will be interpreted in accordance with the laws of the Province of Alberta and the courts of the Province of Alberta will have exclusive jurisdiction over this Agreement. We expressly exclude the UN Convention on Contracts for the International Sale of Goods, similar domestic legislation as amended, replaced or re-enacted from time to time.
21. This Agreement, together with the recitals and schedules, as amended from time to time, constitute the entire agreement between the Provider and You with respect to the matters contained herein and supersedes all prior written representations and/or oral agreements.
22. In the event that any provision of this Agreement or other work order is deemed invalid or void, in whole or part, by any Court, the remaining terms and conditions of this Agreement will remain in full force and effect.
23. Words in the singular will include plural and words in the masculine gender include feminine genders, where the context so requires.
24. This Agreement will enure to the benefit of, and will be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
25. The provisions of this Agreement may be amended by the Provider at its sole discretion from time to time upon notice.