Welcome to the Berry Growers of Ontario Association (“BGO”) ontarioberries.com website (the “Site”). BGO provides content and other product and service information about Ontario’s berry growers on the Site subject to the following terms and conditions (Terms and Conditions). By accessing or otherwise using the Site, you are acknowledging that you have read, understand and agree, without limitation or qualification, to be bound by these Terms and Conditions which also includes our Privacy Policy as posted elsewhere on the Site.
1) Privacy
You hereby acknowledge that you are bound to our Privacy Policy by your agreement to the Terms and Conditions.
2) Information Accuracy Disclaimer
BGO attempts to be as accurate as possible when describing products and services available on the Site; however, to the extent permitted by applicable law, BGO does not warrant that the content, and product and service descriptions available on the Site are accurate, complete, reliable, current or error-free. In the event of being notified of a mistake, BGO will immediately make such corrections as are deemed necessary.
3) Currency
All prices for any grower products or services that may be quoted from time to time on the Site are in Canadian dollars and will include applicable taxes only in those cases where it is so stated.
4) Limitation of Liability
Except as specifically stated herein, none of BGO or any of its directors, employees, members, or other representatives will be liable for damages arising out of or in connection with the use of the Site or any hyperlinked web site (Linked Sites). This is a comprehensive limitation of liability that applies to all damages of any kind, including, without limitation, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Occasionally the Site may provide, for your convenience, hyperlinks to Linked Sites which BGO neither controls nor is responsible for. BGO offers no endorsement or representation regarding the products, services, content or appropriateness of content on such Linked Sites, and by using the Site you hereby irrevocably waive any and all claims against BGO with respect to the Linked Sites.
5) Intellectual Property
BGO owns and operates the Site along with all words, domain names, product and service listings and logos presented on the Site. You acknowledge that any content, information, opinions, and grower reviews (the “Content”) provided to the Site become, without reservation, the property and copyright of BGO, and you hereby and herein waive in favour of BGO any and all moral right in and claim to such Content. Further, you acknowledge and agree that all or any portion of the Content may be used, edited, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated into other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content without compensation of any kind to you.
By submitting Content to BGO, you automatically warrant that you have the full right, authority and licence to submit such Content and that none of such Content is subject to any copyright or other proprietary right of a third party.
Any Content expressed or made available on the Site by third parties are those of the respective third parties and not of BGO or its licensors, or any of their officers, directors, employees or agents.
BGO reserves the right to not publish on or to remove from the Site any Content deemed in BGO’s sole discretion and for any reason whatsoever, to be inappropriate.
6) Governing Law
The Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. If any provision of the Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
7) General
BGO reserves the right, in its sole discretion, to change the Terms and Conditions at any time by posting any such changes on the Site. Changes are effective immediately upon posting to the Site and you acknowledge your continued use of the Site constitutes your agreement to said changed terms and conditions.
You acknowledge that the Terms and Conditions, along with the Privacy Policy, constitute the complete and exclusive agreement (“Agreement”) between you and BGO governing your use of the Site, and that the Agreement supersedes and governs all prior proposals, agreements, or other communications.
