TERMS OF USE
These terms and conditions, as they may be modified as set out below (“Terms”), govern your (“user”, “you” or “your”) use of the www.Greenbeltfresh.ca website (the “Site”). The Site is comprised of various Web pages and is operated by Friends of the Greenbelt Foundation (the “Foundation,” “we,” “us,” or “our”).
The Terms also govern any content downloaded from or accessed through the Site, and constitute a legal contract between you and us.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE, BECAUSE YOUR REGISTRATION AND USE OF THE SITE, OTHER THAN TO REVIEW THESE TERMS, SIGNIFIES YOUR CONSENT TO BE LEGALLY BOUND BY AND TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS SITE. ANY FAILURE ON YOUR PART TO COMPLY WITH THESE TERMS MAY LEAD TO THE CANCELLATION OF YOUR ACCOUNT SUBSCRIPTION AND THE RELATED PRIVILEGES.
MODIFICATION OF THESE TERMS
We may change, update, add, suspend or delete these Terms or any aspect of these Terms at any time, without prior notice or liability (and such change may include, but not be limited to, the charges associated with the use of the Site). Any such change, update, addition, suspension or deletion will be made on this page and will be effective from the date that it is made. Your continued use of the Site for 15 days or more following the posting of changes to these Terms will mean that you accept and agree to those changes. If you consider any future amendments made to these Terms to be unacceptable, you can cancel your account subscription at any time.
PROPRIETARY RIGHTS
The Site and its content are the sole and exclusive property of the Foundation and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site or its content other than as expressly authorized by the Foundation in writing. You acknowledge and agree that, as between the Foundation and you, all right, title, and interest in and to the Site and its content shall be owned exclusively by the Foundation. Use of the Site or its content in any way not expressly permitted by these Terms is prohibited.
LINKS TO THIRD PARTY SITES
The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including, without limitation, any link to another website that is contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites contained in the Site are provided to you only as a convenience, and their inclusion on the Site does not imply that we endorse any of these linked Sites or any aspect of these Linked Sites, or not does it mean that we are associated with the operators of these Linked Sites.
USE OF SITE TO SHARE
The Site may include the capacity to share, and to read from other users, information about products, ratings and recommendations for users of the Site, news of interest to users generally or to groups or communities based on specific interests, personal web pages, public and private messaging services, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). In using Communication Services (or any Communication Service) provided on the Site, you agree to do so only in ways that are legal, proper and in accordance with these Terms, accepted Internet protocol, and applicable rules, policies and guidelines. Without limiting the generality of the foregoing, by using the Site, you agree not to:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, distribute, e-mail or otherwise publish or make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized commercial communication, or to “hack” or “phish” us or other users;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- create usernames which are objectionable, including those that utilize typographical marks intended to obfuscate;
- solicit or otherwise attempt to collect, discover, store or disseminate passwords, personally identifying information, or other non-public information from the Foundation or other users;
- upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- conduct or forward pyramid schemes or chain letters;
- download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- restrict or inhibit any other user from using and enjoying the Communication Services.
- violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent for the purpose of selling this information to third parties; or
- violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, we reserve the right, in our sole discretion, to review materials posted using a Communication Service and to remove any materials. We also reserve the right to terminate your access to any or all Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as 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 each case in our sole discretion.
You should always use caution when giving out any personally identifying information about yourself in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
In using a Communication Service, you are specifically not authorized to speak for or make any statement in the name of the Foundation, and the Foundation does not endorse any statement you make using any Communication Services.
If you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it on the Site using the Communication Services or otherwise.
WE ARE NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST TO THE SITE, INCLUDING GROUPS, CONNECTIONS, RATINGS AND RECOMMENDATIONS, MARKETPLACE RESOURCES OR NEWS.
Materials uploaded to the Site using a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO THE FOUNDATION OR POSTED TO THE SITE
We do not claim ownership of the materials you provide to us (including feedback and suggestions) or that you post, upload, input or submit to the Site or in connection with any of our associated services (collectively “Submissions”).
However, at any time that you post, upload, input, provide or otherwise make your Submission, you thereby grant the Foundation, its affiliated entities and necessary sublicensees permission to use your Submission in connection with the operation of the Site, as well as the Foundation’s mission and purpose, and this permission will include, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
You will not receive, nor be entitled to receive, any compensation for your Submission or for the permission granted to the Foundation, its affiliated entities and necessary sublicensees, with respect to the Submission as set out in the immediately preceding paragraph.
We are under no obligation to post or use any Submission you may provide and may, in our sole discretion, remove any Submission at any time from the Site.
By making a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or otherwise make the Submissions.
All content of any Submission you make through your use of the Site is made at your own risk and your sole responsibility. If you make a Submission generated by or on behalf of a third party, then you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms. You should not make any Submission that may cause harm or injury to any party, and no Submission that you make should contain any personal information about yourself or others.
NOTIFICATIONS AND SERVICE MESSAGES
For purposes of service messages and notices to you about services, notice shall consist of an email from Greenbeltfresh.ca to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you about your Greenbeltfresh.ca account or services associated with the Site through your Greenbeltfresh.ca account or through other means, including email, mobile number, telephone, or delivery services.
You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site and any services that may be offered through the Site (referred to as “Greenbeltfresh.ca Services”).
MOBILE SERVICES
We may offer Greenbeltfresh.ca Services through mobile applications that we create or that are created by third party developers.
If you use Greenbeltfresh.ca Services through a mobile device, you agree that information about your use of Greenbeltfresh.ca Services through your mobile device and carrier may be communicated to us, including, but not limited to, your mobile carrier, your mobile device or your physical location.
By accessing Greenbeltfresh.ca Services using a mobile device, you represent, to the extent you import any of data from the Site to your mobile device, that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Greenbeltfresh.ca account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility.
You acknowledge that you are responsible for all charges and necessary permissions related to accessing the Site through your mobile access provider. Therefore, you should check with your mobile access provider to find out if Greenbeltfresh.ca Services are available and the terms for these services for your specific mobile devices.
Finally, by using any downloadable application to enable your use of Greenbeltfresh.ca Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
LIABILITY DISCLAIMER
- THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE, OR ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
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WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:
- WE AND OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND
- ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
- YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. YOUR USE OF THE SITE AND THE CONTENT AVAILABLE ON THE SITE IS AT YOUR SOLE RISK.
- WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FOUNDATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
INDEMNITY
You agree to indemnify the Foundation, its officers, agents, partners and employees from any and all claims or damages, including reasonable lawyer’s fees, made by third parties due to, or arising out of, your use of the Site or connection to the Site, the violation of these Terms by you (or any other person for whom are legally responsible), or any violation of the rights of another.
MINORS
If you are under the age of 18, you may only use this Site in conjunction with and under the supervision of your parents or guardians.
PROMOTIONS
We may offer, either on, off or through the Site, contests, promotions or games (“Promotions”). Participation in these Promotions is completely voluntary and you therefore have a choice whether or not to disclose any information requested. Information requested may include contact information (such as your name and delivery address), and survey information (such as your postal code and age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the Site.
We reserve the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.
COMPLAINTS REGARDING CONTENT POSTED ON THE ONTARIOFRESH.CA WEBSITE
The Site was created with the purpose of increasing the knowledge among the public about Ontariogrown food that may be bought and sold within the Province of Ontario to consumers.
In order to achieve this goal, we encourage you to share truthful and accurate information about Ontariogrown food that may be obtained within the Province of Ontario by consumers.
We also respect the intellectual property rights of others. Accordingly, these Terms require that information that you and other users post must be accurate and not in violation of the intellectual property rights or other rights of third parties.
If you have a complaint about information posted by someone else who uses the Site, outside of a copyright violation, then please send an email providing all details regarding the complaint to [email protected].
CANCELLATION
You can cancel your account subscription at any time by clicking on the “Delete Account” button after you have logged into your profile within the Site.
We can, in our sole discretion, cancel or suspend your account subscription in whole or in part for any reason, including, without limitation, your failure to comply with these Terms.
Farm business profiles will be deleted if they are not located within Ontario’s Greenbelt (Farmers’ Markets are exempt from thus rule). Since the Site is designed to allow consumers to find fresh local food, a farm business that does not sell directly to consumers will be deleted from the Site.
PRIVACY
By accepting these Terms, you are giving permission to us to publicly display your business information on the Site, and you are acknowledging that your business information will be searchable via the Internet. As well, you acknowledge that we may collect, use and disclose your information as described in our Privacy Policy.
For further information regarding our policies and practices relating to the collection, use and disclosure of personal information please read our Privacy Policy.
ASSIGNMENT
We may assign any or all of our rights set out in these Terms hereunder to any party without your consent.
You are not permitted to assign or transfer any of your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.
GOVERNING LAW
The laws of the province of Ontario and the laws of Canada shall govern these Terms as well as any use of the Site.
YOU AGREE THAT NO CLAIM ARISING OUT OF THESE OR YOUR USE OF THE SITE MAY BE BROUGHT AS A CLASS ACTION.
MISCELLANEOUS
If any provision of these Terms is held to be illegal, invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms and/or the rules and regulations set forth on the Site, including, without limitation, the right to block access from a particular internet address.
ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Site, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us regarding your use of the Web Site.
HOW TO CONTACT US ABOUT THIS POLICY
If you have any questions regarding these Terms, you can reach us at:
