Terms Of Use

 

These terms and conditions (“Terms“) govern your (“user“, “you” or “your“) subscription to and use of the MarketsFarm online market information service, including our website and any mobile applications (“apps”), (herein collectively referred to as the “Services“), as well as any Content (as defined below) originating from, generated or accessed through the use of the Services. These Terms constitute a legal contract between you and the owner of the Services. Please read these Terms carefully and in their entirety. By clicking “I AGREE” or by using the Services (including any changes that we may subsequently make), 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, you may not access or use the Services or any Content.

 

The Services, including Content, are provided in electronic form by Glacier FarmMedia Limited Partnership (“Glacier FarmMedia“, “we“, “us” or “our“), and may be accessed, read, used and commented upon only by
individual users who have subscribed to the Services. Copyright and all other rights not expressly granted to users under these Terms are hereby expressly reserved by Glacier FarmMedia and its licensors. Any additional uses of the Services or Content require our prior written permission. For further information, or to request any permission(s), please contact [email protected].

 

The Services are provided for informational purposes only, and should not be relied upon when making business or financial decisions. You agree that use of the Services, and any resulting information or other content, is at your sole risk and you further agree to hold Glacier FarmMedia, its affiliates, suppliers, and their respective officers, directors and employees harmless from any losses, costs or damages resulting from your use of the Services.

 

These Terms were last updated on December 20, 2018. At any time and for any reason, we may update, change, suspend or terminate any aspect of these Terms or the Services. We will endeavour to post advance notice of any changes to this site. Please consult these Terms each time that you use the Services. Your continued use of the Services for 30 days or more following the posting of changes to these Terms or the implementation of any change to the Services will mean that you accept and agree to those changes.

 

User Accounts

 

Each user is required to establish a user account to access the Services. Users in Canada must be 13 years of age or older in order to establish a user account. Users in the European Community must be 16 years of age or older. Users in other jurisdictions must be the minimum age mandated by their jurisdiction of residence in order for Glacier FarmMedia to collect personal information without parental consent. Users are responsible for ensuring that their account information, including passwords, is up-to-date, accurate and secure. Users must contact Glacier FarmMedia without delay if their account information changes or is compromised.

 

Fees, Payment and Renewal

 

You agree to pay all subscription fees and sales taxes applicable to your use of the Services. Payment is due upon receipt of invoice and must be received prior to the commencement of the subscription term.

 

Subscriptions will automatically renew upon their expiry dates; provided, however, that either you or Glacier FarmMedia may cancel your subscription to use the Services at any time upon written notice to the other. You acknowledge that certain pricing discounts may apply to prepaid term subscriptions and, as such, Glacier FarmMedia may, but shall not be required to refund any prepaid amounts if your subscription is cancelled prior to the expiry of the then-current pre-paid term.

 

You agree that we may charge renewal fees to your credit card without prior notice. Glacier FarmMedia will advise you in writing not less than thirty (30) days prior to the effective date of any fee increase. Fee increases are not retroactive, and you may choose to cancel your subscription rather than agree to a fee increase.

 

Privacy

 

Glacier FarmMedia may collect certain personal information about you in order to establish your user account, process payments, and provide the Services. Your use of the Services and our use of certain information about you are subject to our privacy policy available at marketsfarm.com/privacypolicy/ (“Privacy Policy“), which is hereby incorporated by reference. Through your use of the Services you agree to the collection, storage and use of your information by Glacier FarmMedia in accordance with the Privacy Policy. In case of any inconsistency between these Terms and any terms set out in the Privacy Policy, the terms of the Privacy Policy will prevail.

 

License

 

Subject to your compliance with these Terms, Glacier FarmMedia grants you a limited, personal, nonexclusive, non-transferable license to use the Services and Content solely for the purpose of viewing, storing, processing, and downloading information for your personal use in accordance with local laws. The use of any mobile apps made available as part of the Services may be subject to additional software license terms.

 

Except as expressly permitted in these Terms, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, sublicense, commercialize, communicate, link, broadcast or otherwise make available the Services or any Content, or other information and materials obtained through or in connection with the use of the Services, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the owner of the copyright in the Services or Content. These Terms, including all restrictions on your use of the Services and its contents, apply whether or not a license fee or other payment was paid for the use of the Services or any Content.

 

User Content and Feedback; License

 

All information, data, tools, text, software, music, photographs, graphics, images, avatars, video, messages, advertisements, ideas, reviews, opinions, questions, suggestions and other content (“Content”) that are posted, e-mailed, transmitted, uploaded or otherwise submitted through your use of the Services are submitted at your own risk and are your sole responsibility. Do not submit any Content that may cause harm or injury to any party. Do not publicly disclose any personal information about yourself or others. You warrant that you possess all necessary rights to submit any Content that you make available. If you are posting Content generated by or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party, and to bind them to these Terms.

 

You, or your third party licensor, retain all intellectual property rights in any Content that you submit. By submitting any Content, whether on your own behalf or on behalf of another party, you hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, disseminate, syndicate, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content, without compensation or obligation to you or any other party. Glacier FarmMedia will be the owner of any modifications made by it. You hereby waive all “moral rights” in and to any Content that you submit. The rights granted hereunder may be freely assigned or sub-licensed by us to any party. If you are not the owner of the Content that you submit, you warrant that the owner of the Content has expressly granted a similar license. There is no relationship of any type created, including without limitation any agency or fiduciary relationship, as between you and us, by virtue of the submission by you of any Content.

 

If you submit any unsolicited ideas, comments or other feedback (“Feedback“) to us regarding the Services and/or our Content, you agree that such Feedback (including all rights, title and interest therein) automatically becomes our property, and you forfeit all rights that you may have in such Feedback. For greater certainty, you agree that Glacier FarmMedia and its affiliated companies may use (or not use) and exploit any Feedback in any way at their discretion, without compensation, attribution or other obligation to you or to any other party.

 

User Conduct

 

You agree that you are responsible for your own conduct when using the Services. Content belonging to others, including us, may be copied and printed for your personal use only. Misuse or unauthorized use of the Services, any Content, Glacier FarmMedia’s network and systems, or of any information, images or other materials accessed through the Services is strictly prohibited, and Glacier FarmMedia reserves the right, at its sole discretion and without liability, to immediately suspend or terminate access by any user who is using, or who Glacier FarmMedia reasonably believes may be using the Services or Content in violation of these Terms. You agree that you will use the Services, including all Content, 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 Services, you agree not to:

 

  • interfere or attempt to interfere with, or obtain unauthorized access to, Glacier FarmMedia or its Third Party Content providers’ content, data, computers, systems or system security;

 

  • use the Services for commercial activities, including for advertising, soliciting or otherwise promoting the sale or other distribution of products or services, or as a timeshare or service bureau;

 

  • 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;

 

  • solicit or otherwise attempt to collect, discover, store or disseminate passwords, email addresses, addresses, telephone numbers, personally identifying information, or other non-public information from Glacier FarmMedia or other users;

 

  • create usernames that are objectionable, including those that utilize typographical obfuscations;

 

  • defame, abuse, threaten or otherwise violate the legal rights of others, including rights regarding privacy and publicity;

 

  • download any file posted by someone else that you know, or should reasonably know, cannot be legally distributed;

 

  • modify, retransmit, distribute, disseminate, display, sell, publish, broadcast or circulate any Content (other than your own) to any third party, or establish a link from any other site to the Services, without our prior consent;
  • impersonate anyone else, or create user accounts by automated means or under false pretences;

 

  • remove, alter or conceal any copyright, trademark or other proprietary rights notices from our materials, or from materials created by others, without prior permission;
  • submit content that falsely expresses or implies that it is approved or endorsed by us or others;

 

  • upload, post, distribute, e-mail or otherwise publish or make available any content that you know to be inaccurate or misleading, or that is illegal, libelous, defamatory, obscene, harmful, vulgar, sexually explicit, threatening, tortuous, harassing, abusive, invasive of another user’s privacy, racially or ethnically objectionable, or which promotes hatred, physical harm or injury against any person or group;

 

  • upload, post, distribute, e-mail or otherwise publish or make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider information, and proprietary and confidential information learned or disclosed as part of an employment relationship or under a non-disclosure agreement);

 

  • upload, post, distribute, e-mail or otherwise publish or make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, posting an unauthorized copy of another person’s copyrighted work;

 

  • upload, post, distribute, e-mail or otherwise publish or make available any material that contains software viruses or any other computer code, files or programs designed to interfere with, destroy or limit the functionality of any computer software or system, website, application, telecommunications, or other equipment;

 

  • otherwise use the Services in a manner that could, in Glacier FarmMedia’s sole opinion, adversely affect the ability of other users to use the Services, any Content, the Internet, or any sites supplied by Third Party Content providers.

 

We may, but are under no obligation to pre-screen or monitor any Content on or accessible through the Services other than our own, or to review or log any activity or use of the Services. You consent to any such monitoring and logging that is necessary to satisfy any law, regulation or government request, or to enhance operational efficiencies, to improve service levels, to assess client satisfaction, or to protect Glacier FarmMedia or its users. We reserve the right, but do not assume the obligation, to edit, remove or block access to any Content for any reason, and/or to ban users who violate these Terms from using the Services. We also reserve the right to reveal users’ identities (or any other information that we may know about users, including IP address(es)) in the event of a complaint or legal action, including a request by law enforcement authorities. Glacier FarmMedia assumes no liability or responsibility for any unauthorized modifications to
the Services, or for any information posted, uploaded or otherwise added to the Services by any party other than Glacier FarmMedia.

 

You understand that by using the Services, you may be exposed to third party Content that is incomplete, inaccurate, high risk, harmful, unlawful, offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any loss, damage or injury (including, but not limited to, death or economic loss) related to, or arising from the use or loss of, any Content (whether yours, ours or someone else’s) including, but not limited to, as a result of any errors or omissions in any Content, or in the Services.

 

Access and Interference

 

You agree that you will not use any spiders, robots, other automatic devices, or manual processes to monitor or copy the Services or any Content, or the use of the Services or any Content by any party, or for any other unauthorized purpose without our express prior written permission. You agree that you will not use any device, software or routine to interfere or to attempt to interfere with the proper working of the Services; to destroy, manipulate, remove or impair any portion of the Services; or to disrupt our servers or network, nor will you do or cause to be done anything that imposes an unreasonable or disproportionately large load on our infrastructure.

 

Third Party Content, Dealings & Disclaimer

 

Glacier FarmMedia is merely a distributor, and not a publisher, of any Content provided by third parties that is accessed through the Services (“Third Party Content“). Glacier FarmMedia does not have administrative, editorial, quality or other control over such Third Party Content, and accepts no responsibility or liability in respect of any Third Party Content or a user’s use of it. The responsibility for ensuring compliance with all applicable third party terms and conditions, as well as applicable laws is yours and/or the Third Party Content provider’s alone. You acknowledge that any dealings or agreements between you and third parties are strictly between you and the third party, and that Glacier FarmMedia is not a party to such dealings or agreements. The Services may contain hyperlinks to other websites (“Linked Sites“) that have been developed by advertisers and other third parties, which are not under the control of Glacier FarmMedia. Glacier FarmMedia provides hyperlinks to the Linked Sites as a convenience only, and their inclusion does not imply warranties, representations, endorsements, approvals, verification or investigation by Glacier FarmMedia or its agents of the Linked Sites, or of any products or services offered on or through the Linked Sites. Further, Glacier FarmMedia is not responsible for the contents of the Linked Sites, and is not acting as a publisher or disseminator of information or materials contained on any Linked Site or any hyperlink contained on a Linked Site. In any transactions with third parties, Glacier FarmMedia is not the seller or provider, and your agreement to purchase any products or services from a third party is between you and the third party, and not us. You acknowledge that the use of Linked Sites may be subject to terms and conditions contained on those Linked Sites, and you agree that you are solely responsible for your use of any Linked Site. Under no circumstances will Glacier FarmMedia be responsible or liable for any loss or damage of any kind incurred as a result of, or in connection with, any correspondence or business dealings by you with any third parties, including any merchants or advertisers found on or through the use of the Services, and including payment for and delivery of related goods and services.

 

Our Intellectual Property Rights

 

The Services, including any software and updates, and any Content and other information and materials created, supplied or made available by us, and the selection and arrangement thereof, are owned by us (or our third party licensors, including any Third Party Content providers) and are protected by Canadian and international copyright, and other intellectual property laws and treaty provisions.

 

“Glacier FarmMedia”, MarketsFarm.com and related domain names, and other trademarks and design marks, trade dress, service names, logos and associated designs used in connection with the Services are trademarks and/or registered trademarks of Glacier FarmMedia Limited Partnership and/or its affiliates, licensors, or related companies. All other product, brand and company names and logos used or mentioned in or on the Services or any Content accessed through the Services, may be the trademarks (registered or unregistered) of their respective owners. Except as expressly permitted by law, the use, copying, imitation or modification of any trademarks without the express written consent of the owner of the trademark is strictly prohibited. You will not remove, alter or conceal any trademark or other proprietary rights notices incorporated into or accompanying the Services, any of our Content or any other information or materials accessed through the Services.

 

Equipment

 

You are solely responsible for obtaining, maintaining and paying for all communications services, mobile devices, computer hardware, and other equipment and services required to access and use the Services and any Content submitted to, or accessed or obtained through your use of, the Services. Use of the Services is at solely at your own risk. Glacier FarmMedia assumes no responsibility and shall not be liable for any damage to, or viruses that may infect your software, computer equipment (including mobile devices) or other property as a result of your access to, use, or browsing of the Services or associated websites and apps, or from using or downloading any information, data, text, software, photographs, graphics, images, messages, ideas or other Content.

 

Indemnity

 

You agree to defend, indemnify and hold us, our affiliates and licensors, and each of our and their respective officers, partners, directors, employees and agents harmless, from and against any and all losses, costs and damages, including those arising in connection with any third party claims, resulting from or related to: (a) your breach of these Terms, including the Privacy Policy, (b) your access to or use (or misuse) of the Services, or of our or any other party’s Content; (c) your use, submission or transmission of any Content, (d) your use of or reliance upon, or publication, communication or distribution of any materials from any third party source, or (e) your violation of any other party’s rights including, without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality. You agree to use your best efforts to cooperate with us in the defense of any claim made against us. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:

 

(A) YOUR USE OF THE SERVICES, INCLUDING ANY INFORMATION, TOOLS, LINKS OR OTHER CONTENT, IS AT YOUR SOLE RISK.

 

(B) DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT MAY BE OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTON, THERE MAY BE DELAYS, OMISSIONS, ERRORS AND/OR INACCURACIES IN THE SERVICES AND/OR CONTENT, FOR WHICH WE CANNOT BE LIABLE.

 

(C) THE SERVICES ARE PROVIDED TO YOU FOR YOUR PERSONAL USE IN ACCORDANCE WITH THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, OUR CONTENT, AND ANY OTHER DATA, INFORMATION, TOOLS AND MATERIALS THAT WE MAKE AVAILABLE TO YOU OR THAT YOU ACCESS THROUGH THE USE OF THE SERVICES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

 

(D) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR ANY CONTENT, LINKED OR RELATED WEBSITES, OR OTHER INFORMATION, TOOLS OR MATERIALS WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS, (II) THE USE OF THE SERVICES OR ANY CONTENT, APPS, TOOLS, LINKED OR RELATED WEBSITES, DATA FEEDS, OR OTHER MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING ANY INFORMATION OR OTHER CONTENT ACCESSED THROUGH THE SERVICES, WILL BE COMPLETE, ACCURATE, RELIABLE OR USEFUL, (IV) THE QUALITY OF ANY DATA, INFORMATION, TOOLS, PRODUCTS, SERVICES, PROGRAMS, OR OTHER MATERIAL ACCESSED BY YOU THROUGH YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES, WEBSITES, APPS, CONTENT, TOOLS OR OTHER
MATERIALS WILL BE CORRECTED. (D) ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM OR DAMAGE, INCLUDING (BUT NOT LIMITED TO) DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OR CORRUPTION OF DATA, THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.

 

(E) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, THROUGH YOUR USE OF THE SERVICES (INCLUDING ANY DECISION TOOLS), OR THROUGH OR FROM ANY OTHER APP, WEBSITE OR PUBLICATION, WILL CREATE ANY WARRANTY OR OTHER LIABILITY NOT EXPRESSLY STATED IN THESE TERMS.

 

Limitation of Liability

 

YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH THE SERVICES, CONTENT, OR WITH ANY RESULTS OBTAINED THROUGH THE USE OF THE SERVICES, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES, OUR SYSTEMS, ANY CONTENT, OR ANY DATA, INFORMATION, TOOLS, MATERIALS, GOODS, SERVICES OR OFFERINGS ACCESSED OR OBTAINED THROUGH THE USE OF THE SERVICES; (II) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT; (III) BUSINESS OR FINANCIAL DECISIONS MADE IN RELIANCE UPON ANY INFORMATION OR OTHER CONTENT PROVIDED THROUGH THE SERVICES; (IV) THE SUSPENSION OR TERMINATION OF YOUR ABILITY TO ACCESS THE SERVICES; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR FAILURE OF OUR SYSTEMS; (VI) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (VII) UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR SYSTEMS OR YOUR TRANSMISSIONS, CONTENT, DATA AND/OR PERSONAL OR FINANCIAL INFORMATION; (VIII) STATEMENTS BY OR CONDUCT OF ANY THIRD PARTY USING THE SERVICES; (IX) ANY BUGS, VIRUSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH OUR SYSTEMS OR SERVICES BY ANY THIRD PARTY; OR (X) ANY OTHER MATTER OR EVENT RELATING TO OR RESULTING FROM YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES.

 

YOU EXPRESSLY ACKNOWLEDGE THAT WE HAVE ENTERED INTO THIS AGREEMENT WITH YOU, AND HAVE AND WILL MAKE THE SERVICES AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS
OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND
EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THE AGREEMENT BETWEEN YOU AND US.

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages and, accordingly, some or all of the above limitations may not apply to you. In such jurisdictions, you agree that our liability shall be limited to the greatest extent permitted by applicable law. Notwithstanding any other provision of these Terms, in no event will Glacier FarmMedia’s and its affiliates’ total collective liability exceed the total amount of the subscription fees paid by you for the Services in the twelve (12) months immediately preceding the event giving rise to the most recent claim.

 

Termination

 

Your subscription to use the Services will automatically renew at the end of its then-current term unless it is terminated by either party prior to the commencement of the renewal term. You may cancel your subscription and discontinue your use of the Services at any time, for any reason or for no reason, upon written notice to Glacier FarmMedia at [email protected]. Glacier FarmMedia will have no obligation to refund any prepaid subscription fees.

 

In addition to any other termination rights that we may have, we reserve the right to modify, suspend, discontinue or terminate the Services or any party’s ability to access or use the Services, our materials or other Content, at any time and for any reason (or no reason), including any breach by you of these Terms.

 

Upon termination, you will have no further right to access or use the Services, and any rights and licenses granted to you under these Terms will terminate. Termination or other discontinuation of your use of the Services will not relieve you of any obligations arising prior to termination regarding the use and protection of intellectual property or confidential information, ownership, or indemnification, nor will it relieve you of any liability for any breach of these Terms. Upon termination we will have the right, but not the obligation, to retain any Content or other information that you have submitted.

 

Governing Law/Jurisdictional Issues

 

These Terms will be interpreted, construed and governed by the laws in force in the Province of Manitoba, and the federal laws of Canada applicable therein, without reference to its conflicts of laws principles. Each party hereby agrees to submit to the exclusive jurisdiction of the courts of the Province of Manitoba sitting at Winnipeg, and to waive any objections based upon venue; provided, however, that Glacier FarmMedia will have the right to obtain injunctive or other equitable relief in any court of competent jurisdiction in order to restrain or prevent loss or damage to its property, reputation, interests or assets. You agree that any claim or action brought by you in connection with these Terms or your use of the Services or any Content will be brought within twelve (12) months of the first occurrence of the loss or damage on which the claim is based.

 

International Users

 

The Services originate, and are owned by parties having operations in the Province of Manitoba and elsewhere in Canada. Any products and service offered through the Services are offered only in jurisdictions where they may be legally offered, and are offered only to persons to whom it is lawful to make a solicitation. You agree to comply with all applicable laws, rules and regulations governing your use of the Services, including laws regulating the import or export of data to or from Canada and your country of residence.

 

Miscellaneous

 

These Terms, including the Privacy Policy and the software license terms applicable to any apps, and the duly executed purchase order for the Services, contain the entire agreement between you and us governing your use of the Services. The legal agreement created by your acceptance of these Terms is personal, and cannot be transferred or assigned by you. We may assign this agreement and/or any of our rights or obligations under these Terms at any time, without notice.

 

Our failure to exercise or enforce any right or remedy under these Terms will not constitute a waiver of such right or remedy.

 

No use of the Services or any Content will create or be deemed to create any partnership, joint venture, agency, franchise or other business relationship, even if your use is for a commercial purpose which has been authorized by us. You and Glacier FarmMedia shall, at all times, be and remain independent contractors. The provisions of these Terms are severable. If any individual term or condition is held to be invalid, unenforceable or contrary to applicable law, such provision will be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law while endeavoring to preserve the intention of the provision, and all other terms and conditions will remain in full force and effect.

 

Glacier FarmMedia may communicate with you by email or by posting notices on the Services. You consent to receive communications from Glacier FarmMedia electronically, and agree that all notices, waivers, greements, disclosures and other communications satisfy any legal requirements that such communications be in writing. You further agree that these Terms, and all correspondence and documentation relating to these Terms and your use of the Services, will be written in the English language. Vous acceptez que ces terms d’usage, ainsi que toute la correspondence et la documentation relative à ces termes d’usage, soient rédigées en langue anglaise.

 

If you wish to contact us with any questions, comments or concerns regarding these Terms or the Services, or to provide any notice pursuant to these Terms, please contact us at [email protected].