Legal

These terms and conditions of use constitute a legal binding agreement made between you whether personally or on behalf of an entity (“you”) and Dairy Farmers of Canada  (“DFC”) concerning your access to and use of its website dairyfarmersofcanada.ca, including all subdomains, as well as mobile websites or mobile applications related, linked or otherwise connected thereto and services provided or made available therein (collectively, the “Site”). If you continue to browse and use this Site, and in consideration of a limited, non-exclusive, non transferable, non sublicensable license to access this Site, you are agreeing to comply with and be bound by the following terms and conditions of use (the “Terms”) which, together with our Privacy Policy (the “Privacy Policy”), govern DFC’s relationship with you in relation to the Site.

The terms “us”, “we” or “our” refers to the owner of this Site. The term “you” or “your” refers to the user or viewer of our Site.

The use of this Site is subject to the following Terms:

1. General

The content of the pages of this Site is for your general information and use only. It is subject to change without notice to you. You should review the Terms regularly. Changes will not apply retroactively. Should any provision of these Terms be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

2. Electronic Communications

When you send e-mails, text messages, and other communications from any device to us, whether via the Site or otherwise, you are communicating with us electronically and hereby consent to receiving communications from us electronically. We may communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting notices and messages on the Site. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. User Conduct

You may only use the Site in accordance with these Terms. In particular, without limitation, you may not use this Site:

(a)    for any purpose that is unlawful or prohibited by these Terms;

(b)    to post, use or transmit data, materials and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively “content”) that you do not have the right to post, for example, under intellectual property, privacy or other applicable laws;

(c)    to post, transmit or otherwise share content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
 
(d)   to intimidate or harass another individual;

(e)    to use or attempt to use another’s account, service or personal information;

(f)    to remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Site;

(g)    to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining, or any other means or to interfere or attempt to interfere with the proper working of the Site or any activities conducted through the Site;

(h)    to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(i)    to post, use or transmit content that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Site or servers or networks connected to the Site or that disobeys any requirements, procedures, policies or regulations or networks connected to the Site; or

(j)    to post, use or transmit unsolicited or unauthorized content, including advertising or promotional materials, “junk mail”, “spam”, “chain letter”, “pyramid schemes” or any other form of unsolicited or unwelcome solicitation or advertising.

Without limiting the generality of these Terms and the other sanctions provided for herein, if you do not respect the content of this Section 3 while using the Site, you may be permanently banned from the Site, at our sole discretion. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

4. Licensed Material/Intellectual Property  

This Site contains material which is owned or licensed by us. This material includes, but is not limited to, content as well as the design, text, layout, look, appearance, logos, button icons, images, audio clips, digital downloads, data compilations, software, page headers and graphics of the Site. Reproduction or re-distribution of any material or content is permitted for non-commercial purposes, provided that ownership of all such material or content is attributed to DFC and is indicated as such on the reproduced or distributed material or content.

Using our Site does not give you ownership of any intellectual property rights, such as but not limited to, trademarks, copyrights, designs, and service names, or our services or in the materials or content you access. You may not use the services, materials, graphics, scripts, button icons, page headers or content from our Site unless you obtain express prior written permission from us. This permission may be refused by us in our absolute discretion. Furthermore, these Terms do not give you the right to use any branding or logos, graphics, button icons, trademarks, or page headers used in our materials or content. You also do not have the right to remove, obscure or alter any legal notices displayed on our Site or displayed in or along with our materials or content.

5. Licence and Access

Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of any Site contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Site, nor any part of any Site, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of the Site without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may use the Site only as permitted by law. This license granted by us terminates if you do not comply with these Terms.

6. Use of Site/Third Party Sites/Links

Do not misuse our Site. For example, do not interfere with our Site or try to access the Site or its materials or content using a method other than the interface and the instructions that we provided.

From time to time, this Site may also include links to other websites, mobile applications or other channels. These links are provided for your convenience to provide further information; they do not signify that we endorse the website(s), mobile applications(s) or other channel(s). We have no responsibility for the materials or content of the linked website(s).

7. DISCLAIMER OF WARRANTIES

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DFC OFFERS THE SITE, CONTENT, MATERIALS, AND INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITE, CONTENT, MATERIALS OR INFORMATION, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AS TO THE OPERATION OF THE SITE OR INFORMATION, CONTENT, MATERIALS OR OTHER CONTENT INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING. DFC DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS, ELECTRONIC COMMUNICATIONS OR EMAILS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DFC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULT OF USE OF THE SITE, CONTENT, MATERIALS OR INFORMATION IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

8. EXCLUSION OF LIABILITY/INDEMNITIES

IN NO EVENT WILL DFC, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (THE “DFC PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE OR SERVICES (OR TERMINATION THEREFORE FOR ANY REASON), EVEN IF THE DFC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FOR RESIDENTS OF QUEBEC ONLY: EXCEPT TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL DFC, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (THE “DFC PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER MATERIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE OR SERVICES (OR TERMINATION THEREFORE FOR ANY REASON), EVEN IF THE DFC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE DFC PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT, INFORMATION OR MATERIALS POSTED ON THE SITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT, MATERIALS OR INFORMATION POSTED ON THE SITE), FOR YOUR USE OF THE SITE, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SITE OR OTHERWISE RELATING TO THE SITE.

YOU AGREE TO HOLD DFC PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, EXPENSE, DAMAGES, AND COSTS, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THE TERMS. YOUR WARRANTIES AND INDEMNIFICATION OBLIGATIONS SHALL SURVIVE ANY TERMINATION FOR TWO YEARS THEREAFTER.

9. Termination/Modification

Your right to access and use the Site terminates automatically upon your breach of any of these Terms. We may, at any time, (i) modify, suspend or terminate the operation of or access to the Site or any portion thereof, for any reason; (ii) modify or change the Site or any portion thereof and these Terms or other policies governing the use of the Site, including the Privacy Policy, for any reason; or (iii) interrupt the operation of the Site or any portion thereof for any reason, all as we deem appropriate in our sole discretion. Your access to, and use of, the Site may be terminated by you or by us at any time and for any reason. Sections 4 (Licensed Material/Intellectual Property), 5 (Licence and Access) 8 (Disclaimer of Warranties), 9 (Limitation of Liability/Indemnities), 11 (Entire Agreement) and 12 (Governing Law and Choice of Forum) will survive any termination.

10. Entire Agreement

These Terms constitute the entire agreement between you and us in relation to your use of this Site, including any services, materials, content or information, and supersede all previous agreements in respect of your use of this Site or services. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Terms will continue to apply.

11. Governing Law and Choice of Forum

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Sites and under these Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

12. Contact

Please contact us at [email protected] if you have any questions about these Terms or your obligations and rights thereunder.