Terms of use

  1. Terms of Use

Your use means your acceptance of these terms

This page sets out the terms on which you may access and/or make use of the Agriculture More Than Ever website [http://www.agriculturemorethanever.ca] (collectively, including all content available on the website, the “Website“) as a guest or as a registered user. The terms “you”, “your”, “yours”, “user” and “users” refer to the guest or as a registered user of this Website.

Please read these Terms of Use carefully. By using this Website, you are agreeing to accept these Terms of Use, comply with them, and to be legally bound by all of their terms. If you do not agree with these terms of use, please do not access or use this Website.

  1. Information About Us

This Website is operated by Farm Credit Canada (“FCC”). FCC is a Canadian Crown corporation continued under the Farm Credit Canada Act with a head office at 1800 Hamilton Street P.O. 4320, Regina, Saskatchewan S4P 4L3. The terms “we”, “us” and “our” refer to FCC.

We may, but are not required to, monitor your access to, your use of, and other activities relating to this Website and you consent to any such monitoring. You also agree that we may intervene in your use and disclose any information as necessary to satisfy any law, regulation or other governmental or court request, to operate this Website properly, and/or to protect the Website or other users of this Website. Any such disclosure shall be in accordance with our Privacy Policy.

  1. Additional Terms and Changes

We may offer particular services and products through this Website (such as user resources, user forums, and Agriculture More Than Ever merchandise), which are subject to additional terms, conditions or user requirements. Additional or Specific Terms will be provided for such services and products, if offered, and those terms will become part of these Terms of Use. We may, in our sole discretion, add, delete, and/or change some or all of our services and products at any time without notice.

We may, in our sole discretion, make changes to these Terms of Use and any Additional or Specific Terms at any time and without notice to you by updating this posting. You should view this page each time you visit this Website since your use of this Website after any such change will constitute your acceptance of any revised terms.

  1. Use of Website

At our sole discretion, we may terminate the use of, or refuse to permit the use of, any services and/or this Website by any person or entity, for any reason and without notice.

The content of the Website is provided for information purposes only, unless otherwise indicated, and is not intended to provide specific business, financial, investment, legal, or accounting advice to users, and should not be relied upon for that purpose. You should not act or rely on the information without seeking the advice of an independent professional that you retain.

  1. User Generated Content

When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages, and/or other materials (“User Generated Content“) on or to the Website, you are entirely responsible for such User Generated Content and you accept any consequence of posting or publishing such content on the Website.

You acknowledge and agree that FCC and Agriculture More Than Ever do not endorse any User Generated Content or any opinion, recommendation or advice expressed therein. You understand that by using or viewing the Website, you may be exposed to content that is offensive, indecent, and/or objectionable. FCC and Agriculture More Than Ever expressly disclaim any and all liability in connection with any User Generated Content.

User Generated Content, including any inquiries, feedback, suggestions, ideas or other information are collectively considered “Submissions” and will be treated as non-proprietary and non-confidential.

You grant permission by uploading, posting, e-mailing or otherwise submitting Submissions to the Website and you represent and warrant that you have the necessary rights, licences, consents and permissions to grant FCC an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof, in any manner (including without limitation promotional and advertising purposes) throughout the world and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any compensation to you or any third party.

You grant FCC and Agriculture More Than Ever the right to use the name you submit with a Submission, if any, in connection with FCC’s rights set out in this section.

You also acknowledge and agree that your Submissions will not be returned and that FCC may use your Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade, and/or commercial purposes, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and agree you will not submit any material that is copyrighted, protected by copyright, trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant FCC all the license rights granted herein. You agree to indemnify FCC and its subsidiaries, affiliates, officers, directors, agents, and employees for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Website, User Generated Content and/or Submissions that are, could be construed as, and/or that encourage, an activity or conduct that could be considered a criminal offence, unlawful, harmful, threatening, abusive, harassing, tortious, fraudulent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You further agree to not generate any User Generated Content or make any Submission that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not post any User Generated Content or Submissions and/or use the Website in a way that damages the image, reputation or rights of FCC, Agriculture More Than Ever, other users, and/or third parties.

You understand, acknowledge, and agree to not submit any User Generated Content or Submissions: that are known by you to be false, inaccurate or misleading; for which you were compensated or granted any consideration by any third party; containing restricted or hidden content; and/or, that infringe on any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party.

You understand that User Generated Content and Submissions are not reviewed by FCC or Agriculture More Than Ever before posting and does not necessarily reflect the views of FCC or Agriculture More Than Ever.

You further agree to not post any content or mechanism that attempts to gain access to restricted areas of any of the Website, collect or solicit passwords or personal information from other users, or engage in commercial activities via the Website.

You acknowledge and agree that we have the right – though not the obligation – in our sole discretion to refuse to post or to remove any User Generated Content and/or Submissions and that we reserve the right to change, condense, edit, modify, transmit, display, and/or delete any User Generated Content and/or Submissions and that you waive any rights you have in having the material altered or changed in a manner not agreeable to you.

Without limiting the generality of the-foregoing or any other provision of these Terms of Use, we have the right to remove any User Generated Content and/or Submissions that violate the Terms of Use or is otherwise objectionable and, solely as to the posting of content, we reserve the right to terminate access to submit User Generated Content and/or Submissions to the Website without prior notice for any user who violates these Terms of Use or infringes the rights of others.

  1. Account, User Name, and Password

In order to access some features of the Website, you may have to create an account. You may not use another guest’s account without their permission. When creating your account, you must provide accurate and complete information. By creating an account, you represent and warrant that the information you provide is true and that you will keep it up to date.

Your Website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of FCC.

All login names and passwords remain our property and may be cancelled or suspended at any time by FCC or Agriculture More Than Ever without any notice or liability to you or any other person. FCC and Agriculture More Than Ever are under no obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify us of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Although FCC and Agriculture More Than Ever will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of FCC, Agriculture More Than Ever, and/or others due to such unauthorized use.

In the event that portions of the Website are accessible through third party websites (e.g. Facebook), you agree to comply with the terms and conditions of any third party applicable to your use of any such third party websites.

  1. Links and Downloads

(a)    Hypertext links to other websites are provided for convenience only and do not constitute an endorsement by Agriculture More Than Ever or by FCC of such Websites or the material, content or services provided therein. Such websites are independent from, and not within the control of, FCC or Agriculture More Than Ever. Before using such websites, you should review their terms of use and privacy policies.

(b)    Any links to downloadable software, products, programs, data, services, information, and/or content, if any, are for convenience only and both FCC and Agriculture More Than Ever are not liable for any difficulties associated therewith or consequences derived therefrom. Use of any such software, products, programs, data, services, information, and/or content will be governed by the terms of the license agreement, if any, that accompanies or is provided therewith or that is applicable thereto.

  1. Disclaimer of Warranties

(a)    All Information and services on this Website are provided on an “as is” and “as available” basis without warranty of any kind, either expressed or implied, including, without limitation, implied warranties or conditions of fitness for a particular purpose or use, or non- infringement.

(b)    By accessing and using the Website you acknowledge and agree that use of the Website and its content is entirely at your own risk.

(c)    FCC and Agriculture More Than Ever make no representations or warranties regarding the Website or the content, including, without limitation, no representation or warranty that:

(i) the Website and/or content will be accurate, complete, reliable, suitable or timely; (ii) any content, including, without limitation, any information, data, software, product or service contained in or made available through the Website will be of merchantable quality or fit for a particular purpose; (iii) the operation of the Website will be uninterrupted or error free;
(iv) defects or errors in the Website will be corrected; (v) the Website will be free from viruses or harmful components; and, (vi) communications to or from the Website will be secure or not intercepted.

  1. Ownership of Content – Intellectual Property and Trade and Official Marks

(a)    Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Website may constitute trade names, registered or unregistered trademarks, service marks or official marks (all described as “Trademarks“) of FCC, Agriculture More Than Ever and of other persons or entities. However, the display of Trademarks on pages at this Website does not imply that any license has been granted to any user or any third party. All rights are reserved.

(b)    The contents of the Website (including but not limited to the materials accessible through the Website) are protected by copyright, and are confidential and proprietary to FCC. Unless otherwise stated, you are entitled to copy, download and print any content for your own personal use but you may not otherwise, copy, modify, rent, lease, loan, sell, redistribute, republish or reproduce, in whole or in part, any such content in any manner including electronic reproduction by “uploading” or “downloading”, or create any derivative works based on such content, without FCC and Agriculture More Than Ever’s prior written consent.

(c)     Any unauthorized downloading, re-transmission, and/or other copying or modification of Trademarks or other contents of this Website may be a violation of statutory or common law and subject you to legal action.

  1. Availability of Services and Products

(a)       Agriculture More Than Ever services and products are only offered in jurisdictions where they may be lawfully offered. All services and products are subject to the terms and conditions of the applicable agreements governing their use and these terms and conditions are to be read together with any Specific Terms.

(b)       The Information on this Website does not constitute an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make an offer or solicitation.

(c)       If users choose to access the Website from outside Canada, they do so on their own initiative and are responsible for compliance with applicable local, national, or international laws. Users must be aware of the laws of their country or that otherwise apply to them in relation to any of the matters described in these pages. Users may not use, export, or re­export the information or any copy or adaptation thereof in violation of any applicable laws or regulations, including export laws and regulations of Canada in force from time to time.

  1. Consent to Collect and Use Your Online Activity

(a)       You understand and agree that we may collect your online activity information when you visit the Website using cookies and other tracking technology.

(b)       Your online activity information may be used together with other information we have about you to assess the effectiveness of online promotions, to gather data about Website functionality, to understand your interests and needs, to provide you with a customized experience and to communicate to you information about products and services that may be of interest to you. The consent in this section will not change any other consent, authorization or preference you have given or may give regarding the collection, use and disclosure of your personal information. For information on how we collect, use and disclose personal information, please refer to our Privacy Policy.

  1. Privacy and Confidentiality

(a)       We respect your privacy. Review our Privacy Policy, which explains how FCC and Agriculture More Than Ever collect, use and disclose your personal information. When you access or use the Website, you signify your agreement to our Privacy Policy.

(b)       We are committed to take all reasonable measures to protect the personal information you provide. You consent to the collection, use and disclosure of your personal information by FCC and Agriculture More Than Ever in accordance with the terms and for the purposes set out in the Privacy Policy and these Terms of Use.

(c)       You understand that the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and loss. FCC and Agriculture More Than Ever will not be responsible for any damages you may suffer in connection with an e-mail you send to FCC or Agriculture More Than Ever or an e-mail that FCC or Agriculture More Than Ever sends you at your request. Should you decide to transmit information using Internet e­ mail, you do so at your own risk.

(d)       Data collected for Website analytics purposes may go outside of Canada to the United States of America and may be subject to the governing legislation of that country (for example the USA Patriot Act.). For information on how we collect, use and disclose personal information, please refer to our Privacy Policy.

  1. Limitation of Liability

(a)       Neither FCC, nor Agriculture More Than Ever, their respective agents, employees, directors, officers and affiliated companies, nor any person associated with the creation of this Website or its contents, shall be liable for any direct, indirect, special, incidental, punitive, third party, consequential damages or any other damages, losses or expenses however caused, sustained by you or any other person as a result of the use of this Website and/or any web browser, including any liability for:

(i)     Interruptions and communication line failures including communication malfunctions that affect the accuracy or timeliness of messages or instructions between you, FCC, and/or Agriculture More Than Ever, and which prevent messages or instructions from being transmitted in whole or in part or agreements from being formed between you, FCC, and/or Agriculture More Than Ever;

(ii)    Your inability to access, at any time, any part of this Website or any services provided on it;

(iii)   The malfunctioning or unavailability of this Website, in whole or in part;

(iv)   Any harm or loss to your personal computer records or data howsoever caused including caused by viruses, “worms”, “trojan horses”, and/or other similar intrusive, disruptive or destructive programs or files of that nature;

(v)    Interception or disclosure of confidential or sensitive information transmitted over the Internet;

(vi)   Inaccuracies, delays in operation or transmission, failures, errors or omissions or loss of transmitted information; and/or

(vii) The lack of suitability, reliability, timeliness or availability of this Website or any material or services offered on this Website.

(b)       While FCC and Agriculture More Than Ever make reasonable efforts to ensure that all information and services provided on this Website do not contain computer viruses, you are solely responsible to adequately protect and backup your data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

(c)       These limitations of liability shall apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions shall apply even if FCC and Agriculture More Than Ever have been advised of the possibility of such claims, losses, costs or damages.

(d)       Because some jurisdictions do not allow the exclusion or limitation of moral, bodily, incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

  1. Indemnity

(a)       You agree to indemnify and hold FCC and Agriculture More Than Ever and their respective subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of: (i) your use of this Website and the information, services and products provided on this Website, (ii) your violation of these Terms of Use or any other terms and conditions under any other agreement applicable to any information, service or product provided on this Website, and/or (iii) your violation of any rights of any other third party.

(b)       FCC and Agriculture More Than Ever reserve the exclusive right, at your expense, to conduct the defence and assume control of any matter, subject to indemnification by users, in which event the user shall cooperate with FCC and Agriculture More Than Ever in asserting any and all available defences.

  1. Reservation of Rights

All rights not expressly granted in these Terms and Conditions are reserved to FCC and Agriculture More Than Ever. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any licence or right under any copyright, patent, trade-mark or other intellectual right of FCC, Agriculture More Than Ever, and/or any other person or entity.

  1. Official Languages

These Terms of Use and information on the Website is available in both French and English; however, users should be aware that information provided by other users (User Generated Content) or information on external sites accessible by hyperlink may be available only in the language in which it was provided.

  1. Governing Law

(a)       These Terms of Use and any issue or dispute relating to this Website will be governed by and construed in accordance with the laws of the Province of Saskatchewan and the applicable laws of Canada. By using this Website you are hereby consenting and submitting to the exclusive jurisdiction of the courts of the Province of Saskatchewan in any action or dispute related to these Terms of Use or any issue in respect of this Website.

(b)       Specific contracts for FCC and Agriculture More Than Ever’s products, solutions or services entered into via the Website shall be governed by, construed and subject to the laws and jurisdiction of the province expressly provided for in such contract and where none is specified, the laws and jurisdiction of the Province of Saskatchewan shall be deemed to apply.

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