PURPOSE AND CONSENT TO TERMS
If you have any questions or concerns about the Terms, please contact Conestoga at [email protected].
4. As part of providing you the Website, Conestoga may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Website and your user account.
ELIGIBILITY TO USE THE WEBSITE
5. You must be at least 18 years old to use the Website. If you are under the age of majority in the jurisdiction where you live, you must have your parent or legal guardian read these Terms and agree to them for you. If you are a parent or guardian, you are responsible for exercising supervision over your child’s use of the Website.
PERMITTED USE OF THE WEBSITE
6. You understand that you are solely responsible for all activities that occur with respect to your use of the Website, and agree to comply with all laws, rules, regulations and international conventions as applicable to your use of the Website ("Applicable Law").
7. You agree that you will not, nor encourage or assist any person or entity, directly or indirectly, to do the following:
(a) sell, reproduce, modify or attempt to modify any part of the Website in any way;
(b) reverse engineer, disassemble or decompile anything used to provide access to the Website;
(c) use the Website to engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data;
(d) input, upload or post anything to the Website which contains (i) content of an unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable nature, (ii) content that encourages conduct which could constitute a criminal offence,or (iii) content that violates or attempts to violate the intellectual property rights or rights to the publicity, security or privacy of others;
(e) interfere with another person's full use and enjoyment of the Website;
(f) cause, in Conestoga's sole discretion, an burden on the Website, including without limitation by transmitting any worms, viruses, spyware, malware or any code of a destructive or disruptive nature;
(g) collect, harvest or store personal information of any person from the Website;
(h) access or use the Website to build a competitive product or website;
(i) circumvent or modify, attempt to circumvent or modify, any security technology or software that is part of the Website; or
(j) access, view, download or otherwise use the Website in a manner that otherwise breaches or violates these Terms.
TERMINATION AND SUSPENSION OF YOUR USE OF THE WEBSITE
8. Conestoga may, in its sole discretion, suspend or terminate your use of the Website (in whole or in part) at any time, without cause and without notice, including for (a) breaches of these Terms; (b) as required by law enforcement, government agencies or court order; or (c) security or technical problems. You understand that such termination or suspension may result in permanent deletion of user data, and you agree that Conestoga will not be liable to you or to any third party for losses or damages incurred as a result of the termination or suspension of your user account or your access to the Website, and will have no obligation to grant you further access to or use of the Website. In addition to terminating or suspending access to the Website, Conestoga reserves the right to block certain IP addresses at its sole discretion.
9. Upon termination or suspension, your right to use the Website and/or access any materials obtainable through the Website will immediately cease.
10. The above-described actions are not Conestoga’s exclusive remedies and Conestoga may take any other legal, equitable or technical action it deems appropriate in the circumstances.
CONTACT WITH YOU
12. You understand and agree that Conestoga may contact you through any of the means specified in your Personal Information for purposes relating to the function or security of your user account.
13. You understand and agree that Conestoga may contact you through electronic communications such as project updates and promotional material (collectively, "Marketing Material"), provided you have consented to the receipt of such Marketing Material during the user registration process by selecting "By registering for access I agree to the terms of service ".
14. Even if your user account has been terminated or suspended in accordance with these Terms, you may continue to receive Marketing Material provided that you have not withdrawn your consent to receive such communications. You understand and agree that you have the option to withdraw your consent to receive Marketing Material by selecting the "unsubscribe" option in the body of the electronic communication or contacting [email protected].
15. You acknowledge and agree that Conestoga reserves the right to stop any conduct that may constitute a breach of these Terms or otherwise inhibits other users from fully utilizing and enjoying the Website.
16. To maintain the Website in a manner Conestoga deems appropriate, and to the maximum extent permitted by Applicable Law, Conestoga may review, monitor, display, reject, refuse to post, store, maintain, accept or delete any content to the Website without notice or liability.
17. The Website contains proprietary marks and information including the domain name, text, scripts, graphics, logos, interactive features, patents, copyrights and trademarks (individually and collectively, the "Marks").
18. Conestoga is the owner or authorized user of all intellectual property rights in the Website and all content displayed on the Website, including the Marks. You agree that all information on the Website, including the Marks, is protected by law, including laws relating to proprietary and intellectual property rights of Canada and other countries.
19. You may display on your computer, download or print pages from the Website provided the information from the Website will not be altered and your use of the content downloaded or printed is only for your personal and non-commercial use. You agree not to use the content displayed on the Website, including the Marks, without the prior written consent of Conestoga.
20. Other than as otherwise specifically provided herein, no party may copy, redistribute, reproduce or republish in any form, any content displayed at the Website.
TRACKING, ANALYTICS AND STATISTICAL INFORMATION
23. Conestoga also uses analytics software (the "Analytics Code") to track, capture and aggregate the anonymous data of its Website users. Conestoga owns all rights in the data generated through the Analytics Code. Nothing in these Terms shall be deemed an assignment or transfer of Conestoga's ownership rights in the Analytics Code. Through the Analytics Code, Conestoga may collect, store and use anonymous information about you in order to customize your Website experience according to your preferences, customize its Newsletter and Marketing Material, prepare and analyze statistics, produce reports, improve the Website, improve products or services or customize the performance of paid advertisements. Such information may be shared with third parties, such as Google Analytics or Facebook Pixel, in order to provide these services or to analyze, store, or aggregate the information.
24. Conestoga may monitor your use of the Website and compile electronic data concerning your characteristics and activities (including your Information) with other data in an aggregate and anonymous manner to derive statistical and performance information related to the provision and operation of the Website and may make such information publicly available, provided that such information does not include any data that would identify you or disclose your Information. Conestoga retains all rights, title and interest in and to such statistical and performance information.
25. While Conestoga strives to provide accurate information, any statistical information provided through the Website cannot be conclusively relied upon and should not be used in place of a professional opinion.
26. Conestoga reserves the right to limit or discontinue the Website or any feature or service provided by the Website, including for maintenance and repairs, without notice to you.
SECURITY AND NETWORKS
27. Regular e-mail messages over the internet that have not been encrypted are not secure, and are subject to possible interception or loss, and possible alteration. Conestoga will not be responsible for and will not be liable to you or any other person for any damages in connection with an email communication sent by you to Conestoga or an e-mail communication sent by Conestoga to you at your request.
28. Data collected through the Website, including your Information (“Collected Data”), is stored in data centre facilities located in the United States, including our Website host, Heroku and its 3rd party services which manage Website logs, and Google Analytics which provides Website activity tracking, as well as in Canada where Conestoga stores Collected Data resulting from Website Form Submissions sent via email and hosted on its servers. Conestoga implements security procedures to help protect Collected Data from security attacks. However, you understand that use of the Website necessarily involves transmission of your Collected Data over networks that are not owned, operated or controlled by Conestoga, and Conestoga is not responsible for any Collected Data or data altered, intercepted, copied or stored across such networks. Conestoga cannot guarantee that its security procedures will be error-free, that transmissions of your Collected Data will always be secure, or that unauthorized third parties will never be able to bypass Conestoga's security measures or those provided by third parties. Conestoga agrees to notify you in the event of a detected security breach.
29. Technical processing and transmission of the Website may involve: (a) transmissions over various networks; and/or (b) changes to conform and adapt to technical requirements of connecting networks or devices. Use of or connection to the internet provides the opportunity for unauthorized persons to circumvent security precautions and illegally gain access to Collected Data. Conestoga does not guarantee the privacy, security or authenticity of any content, data or information transmitted over or stored in any system connected to the internet.
EXTERNAL WEBSITES OR PRODUCTS
30. There may be links from the Website or Marketing Material to third-party web sites, applications or features ("External Websites"). Conestoga is not responsible for any content, product, service or feature related to External Websites, nor shall it be liable for any damages incurred from viewing such External Websites. Conestoga is in no way connected to, nor does it endorse, approve, recommend or sponsor any such External Website. By accessing External Websites, you acknowledge and agree that your use of the External Websites may cause personally identifying information to be publicly disclosed and/or associated with you, even if Conestoga has not provided such information, and you agree to hold Conestoga harmless for all activity related to External Websites.
REPRESENTATIONS AND WARRANTIES
31. You understand and agree that: (a) your use of the Website is at your sole risk; (b) you will be solely responsible for all activities with respect to the Website undertaken by you; (c) Conestoga makes no representations or warranties as to the accuracy of Website content; and (d) the Website is provided on an "as is" and "as available" basis, without warranty or conditions of any kind.
DISCLAIMER OF WARRANTIES
32. To the fullest extent permitted by law, Conestoga expressly disclaims all warranties and conditions of any kind, whether express or implied, relating to the Website or any content, information, products or services available through the Website including implied warranties of merchantability, fitness or a particular purpose, non-infringement, security or accuracy.
33. Conestoga makes no warranty that (i) the Website will meet your requirements; (ii) the Website will operate in a timely, secure, error-free and uninterrupted manner; (iii) information available through the Website will be accurate, reliable or useful; or (iv) any errors in the Website will be corrected.
34. The Website's content is provided to you for informational purposes and is not intended to provide specific financial, legal or other advice. Under no circumstances will Conestoga be liable for any loss or damage caused by your reliance on information obtained through use of the Website. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided.
35. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you.
LIMITATION OF LIABILITY
36. Conestoga, its subsidiaries and affiliates, and their respective directors, officers, managers, employees, shareholders, agents, licensors and members are not liable to you or any person for incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including damages for lost revenues or profits, loss of goodwill, loss of prospective economic advantage, loss of use, loss of data, business interruption or other intangible losses (even where Conestoga has been advised of the possibility of such losses) in any way related to the use, inability to use, or the results of use of the Website, any External Websites, or the content contained on any or all such websites, whether based on contract, in tort or any other legal or equitable theory, nor for any claim by another person or persons.
37. Only the limitations which are allowed and lawful in your jurisdiction will apply specifically to you. In any event, the monetary value of any claim against Conestoga in connection with these Terms or the Website, whether based on contract, in tort or any other legal or equitable theory, shall be, to the extent permitted by applicable law, limited to the maximum aggregate amount of fifty Canadian dollars ($50.00 CAD).
38. You agree to indemnify, defend and hold harmless Conestoga, its subsidiaries and affiliates, and their respective directors, officers, managers, employees, shareholders, agents, licensors and members, including costs and lawyers’ fees, from any claim or demand made by any third party due to or arising out of: (a) your access to the Website and any content obtained by you through the Website; (b) your use or misuse of the Website; (c) any breach of these Terms by you; or (d) your violation of any third-party rights or any Applicable Laws. Conestoga reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Conestoga, at your expense, in asserting any available defenses.
39. Conestoga welcomes your feedback and comments regarding the Website. By submitting or providing Conestoga with comments, messages, suggestions, ideas, concepts, feedback or other information about the Website, Conestoga and/or Conestoga 's operations (collectively, "Submissions") you thereby (a) represent and warrant that none of the Submissions are confidential or proprietary to you or to any other person; (b) represent and warrant that none of the Submissions breach any agreement to which you are a party; and (c) that Conestoga shall own all right, title and interest in and to the Submissions and the right to use, modify, share and commercialize the Submissions in any way and for any purpose.
40. You are responsible for contracting with an internet service or mobile data provider and paying all required fees and taxes to maintain internet service on your computer or device. Conestoga is not responsible for any data usage or overage charges incurred by you as a result of accessing the Website.
41. You are responsible for obtaining any hardware and/or software required to access or use the Website.
44. You agree that these Terms will be construed and governed by the laws of the Province of Ontario and the laws of Canada applicable to Ontario without regard to conflicts of law principles or provisions. Any dispute arising out of or relating to these Terms or your use of the Website shall take place in the exclusive jurisdiction and venue of the courts located in the City of Kitchener, Ontario. The United Nations Convention on Contracts for the International Sale of Goods (also called the Vienna Convention, and which is cited in the statutes of Canada as the International Sales of Goods Contracts Convention Act) will not apply to these Terms or the transactions contemplated by these Terms.
45. Any cause of action you may have against Conestoga relating to these Terms, the Website or your use of the Website must be commenced within one (1) year of the cause of action arising. Otherwise, you agree that such cause of action is permanently barred.
46. A failure by Conestoga to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the right or provision. If any provision of these Terms are found to be unlawful, void, invalid or unenforceable by a court of competent jurisdiction, you agree that the court should interpret that provision, and modify it if necessary, to give effect to the parties’ intentions as reflected therein. The other provisions of these Terms will remain in full force and effect. The headings, sections and subsections are for convenience of reference only and shall not affect the construction or interpretation of these Terms.
47. You agree that Conestoga may transfer ownership or operation of all or any part of the Website, as well as its rights and obligations under these Terms, to another person. You will remain bound by all of these Terms following any such assignment. You may not assign or transfer any of your rights or obligations arising under these Terms, in whole or in part, to another person without the written consent of Conestoga.
48. Conestoga has the right to update these Terms at any time without notice to you, and it is your responsibility to check if these Terms have been updated. Your continued use of the Website following any amendment to these Terms will signify your acceptance of the amended terms.
49. In the event of any termination or expiration of these Terms for any reason, all provisions whose meaning requires them to survive shall survive expiration or termination.
50. If you have any questions or comments regarding these Terms, or if you have any questions, complaints, claims or other legal concerns relating to Conestoga or its business, please contact Conestoga at the contact details listed below:
Conestoga Meat Packers Ltd.
313 Menno St., Breslau, ON
Email: [email protected]