DAIRY FARMERS OF ONTARIO SITE TERMS AND CONDITIONS OF USE
These terms and conditions of use constitute a legal binding agreement
made between you whether personally or on behalf of an entity
(“you”) and Dairy Farmers of Ontario, concerning your
access to and use of this website as well as any other media form,
media channel, mobile website or mobile application related, linked or
otherwise connected thereto (collectively, the “Site”). If
you continue to browse and use this Site, you are agreeing to comply
with and be bound by the following terms and conditions of use
(“Terms”), which together with our privacy policy, govern
Dairy Farmers of Ontario’s relationship with you in relation to
this Site.
The term “Dairy Farmers of Ontario” or “us” or
“we” or “our” refers to the owner of this
Site. The term “you” or “your” refers to the
user or viewer of our Site.
The use of this Site is subject to the following terms of use:
General
As a marketing board constituted under the Milk Act, DFO, through
regulation, has information filing requirements. DFO collects, uses,
discloses and retains this information in order to regulate the
production and marketing of milk in accordance with its regulations,
policies, orders, directions and decisions. DFO may collect such
information directly from producers or from others involved in the
production and marketing of milk. In carrying out these regulatory
functions, DFO, as a not-for-profit body representing the interests of
producers of milk, is not in its own right engaged in commercial
activity. Information arising from DFO’s exercise of these
regulatory authorities is not believed to be subject to the PIPEDA. In
those limited circumstances where DFO is engaged in commercial
activity, it is subject to the PIPEDA and all of that Act’s
provisions apply with respect to personal information collected, used,
disclosed or retained as part of that commercial activity.
1.
The content of the pages of this Site is for your general
information and use only. It is subject to change without notice
to you. You should look at the Terms regularly. Changes will not
apply retroactively.
User Conduct
2.
You may only use the Site in accordance with these Terms. In
particular, without limitation, you may not use this Site:
(a)
for any purpose that is unlawful or prohibited by these Terms;
(b)
to post, use or transmit data, materials and information, such as
data files, written text, computer software, music, audio files or
other sounds, photographs, videos or other images (collectively
“content”) that you do not have the right to post, for
example, under intellectual property, privacy or other applicable
laws;
(c)
to post, use or transmit data, materials and information, such as
data files, written text, computer software, music, audio files or
other sounds, photographs, videos or other images (collectively
“content”) that you do not have the right to post, for
example, under intellectual property, privacy or other applicable
laws;
(d)
to intimidate or harass another;
(e)
to use or attempt to use another’s account, service or
personal information;
(f)
to remove, circumvent, disable, damage or otherwise interfere
with any security-related features that enforce limitations on the
use of the Site;
(g)
to attempt to gain unauthorized access to the Site, other
accounts, computer systems or networks connected to the Site,
through hacking, password mining, or any other means or to
interfere or attempt to interfere with the proper working of the
Site or any activities conducted through the Site;
(h)
to impersonate another person or entity, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
(i)
to post, use or transmit content that contains software viruses
or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment or otherwise
interfere with or disrupt the Site or servers or networks
connected to the Site or that disobeys any requirements,
procedures, policies or regulations or networks connected to the
Site; or
(j)
to post, use or transmit unsolicited or unauthorized content,
including advertising or promotional materials, “junk
mail”, “spam”, “chain letter”,
“pyramid schemes” or any other form of unsolicited or
unwelcome solicitation or advertising.
Licensed Material/Intellectual Property
3.
This Site contains material which is owned or licensed by us.
This material includes, but is not limited to, content as well as
the design, layout, look, appearance and graphics of the Site.
Reproduction or redistribution of any materials or content is
prohibited other than for the purpose of downloading or copying of
our teacher documents/Site materials for educational purposes and
provided that credit is provided to Dairy Farmers of Ontario.
4. Using our Site does not give you ownership of any intellectual
property rights in our services or in the materials or content you
access. You may not use the services, materials or content from
our Site unless you obtain prior written permission from us.
Furthermore, these Terms do not give you the right to use any
branding or logos used in our materials or content. You also do
not have the right to remove, obscure or alter any legal notices
displayed on our Site or displayed in or along with our materials
or content.
Use of Site/Third Party Sites/Links
5.
Do not misuse our Site. For example, do not interfere with our
Site or try to access the Site or its materials or content using a
method other than the interface and the instructions that we
provide.
6. You may not create a link to this Site from another website or
document without our prior written consent.
7. From time to time, this Site may also include links to other
websites or mobile applications or other channels. These links are
provided for your convenience to provide further information. They
do not signify that we endorse the website(s) or mobile
application(s) or other channels. We have no responsibility for
the material or content of the linked website(s).
Registration/Opening Accounts
8.
may need to open an account or register with us to access certain
services, content or materials on our Site. If so, you agree to
(i) provide accurate, current and complete information about you,
(ii) maintain the security of your password(s) and identification,
(iii) maintain and promptly update your account or registration
information and any other information you provide to us, and to
keep it accurate and complete to, among other things, allow us to
contact you, (iv) be fully responsible for all use of your account
or registration and for any actions that take place using your
account or registration, and (v) receive occasional program
specific emails to facilitate technical support, program specific
reminders and evaluations, and program updating processes. It is
your responsibility to ensure that we have up-to-date contact
information for you. You may not set up an account or registration
on behalf of another individual or entity unless you are
authorized to do so.
DISCLAIMER OF WARRANTIES
9.
TO THE FULLEST EXTENT PROVIDED BY THE APPLICABLE LAW, DAIRY
FARMERS OF ONTARIO OFFERS THE SITE, SERVICES, CONTENT, MATERIALS
AND INFORMATION “AS IS” AND MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND CONCERNING THE SITE, SERVICES, CONTENT,
MATERIALS OR INFORMATION, EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. DAIRY FARMERS OF ONTARIO DOES NOT WARRANT THAT
THE FUNCTIONS OR CONTENT ON THE SITE OR SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DAIRY FARMERS OF ONTARIO DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING USE OR THE RESULT OF USE OF THE
INFORMATION, CONTENT OR MATERIALS IN TERMS OF ACCURACY,
RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY/INDEMNITIES
10.
TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT
EXTENT, IN NO EVENT WILL DAIRY FARMERS OF ONTARIO, ITS EMPLOYEES,
OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (THE “DFO
PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY
INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION,
LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR
SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY
THAT ARISE IN CONNECTION WITH THE SITE OR SERVICES (OR TERMINATION
THEREFOR FOR ANY REASON), EVEN IF THE DFO PARTIES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DFO PARTIES SHALL
NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY
CONTENT, INFORMATION OR MATERIALS POSTED ON THE SITE OR SERVICES
(INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT, MATERIALS
OR INFORMATION POSTED ON THE SITE OR SERVICES), FOR YOUR USE OF
THE SITE AND SERVICES OR FOR THE CONDUCT OF THIRD PARTIES WHETHER
ON THE SITE, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING
TO THE SITE OR SERVICES.
11.
You agree to hold DFO Parties (as defined above) from and against
any and all loss, expense, damages, and costs, including without
limitation, reasonable legal fees, resulting, whether directly or
indirectly, from your violation of the Terms. Your warranties and
indemnification obligations shall survive any termination for two
years.
Termination/Modification
12.
Your right to access and use the Site or services terminates
automatically upon your breach of any of these Terms. We may, at
any time, (i) modify, suspend or terminate the operation of or
access to the Site or services, or any portion of the Site or
services, for any reason, (ii) modify or change the Site or
services or any portion of the Site or services and these terms or
other policies governing the use of the Site or services, for any
reason, or (iii) interrupt the operation of the Site or services,
or any portion of the Site or services for any reason, all as we
deem appropriate in our sole discretion. Your access to, and use
of, the Site or services may be terminated by you or by us at any
time and for any reason. The disclaimer of warranties, the
limitation of liability and the jurisdiction and applicable law
provisions will survive any termination.
Entire Agreement/Governing Law
13.
These Terms constitute the entire agreement between you and us in
relation to your use of this Site, including any services,
materials, content or information, and supersede all previous
agreements in respect of your use of this Site or services. If a
provision of these Terms is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other
provisions of the Terms will continue to apply.
14.
These Terms shall be governed by and construed in accordance with
the laws of the province of Ontario and any disputes relating to
these Terms shall be subject to the exclusive jurisdiction of the
courts of Ontario.