Terms and conditions
Egg Farmers of Canada (“EFC”) maintains websites currently located at eggquality.ca, eggs.ca and eggfarmers.ca (“Our Websites”). Our Websites are provided to you subject to your compliance with these terms and conditions of use (“Terms and Conditions”). These Terms and Conditions apply to Our Websites and to each of them individually. By accessing or using Our Websites, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access or use Our Websites.
Modification to the terms and conditions
EFC reserves the right to change these Terms and Conditions at any time, and your continued access to or use of Our Websites after such changes indicates your acceptance of these Terms and Conditions as modified. It is your responsibility to review these Terms and Conditions regularly.
Viruses, Security and Confidentiality
The downloading of Our Websites and content on Our Websites (the “Content”) is done at your own risk. EFC cannot and does not guarantee or warrant that Our Websites or the Content will be free of viruses, worms, trojan horses or disabling devices, or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system, which may be necessary as a result of your use of Our Websites.
Unless encrypted, information sent or received over the Internet is insecure and EFC cannot and does not make any representation, warranty, or promise concerning the interception by third parties of your personal or other information. EFC will not be responsible for any damages you or any third party may suffer as a result of, or in connection with, the transmission of any information from or to EFC through Our Websites.
Disclaimer and limitation of liability
OUR WEBSITES AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF OUR WEBSITES OR THE CONTENT IS AT YOUR OWN RISK. EFC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF OUR WEBSITE OR THE CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, EFC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO OUR WEBSITES AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT OUR WEBSITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
IN NO EVENT WILL EFC BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT EFC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, OUR WEBSITES OR THE CONTENT.
Except as otherwise provided in our Privacy Statement, any material, information or other communications that you transmit via Our Websites or post to Our Websites (the “Communications”) will be considered non-confidential and non-proprietary. Except as otherwise provided in our Privacy Statement, EFC and its affiliates or others may copy, display, post, transmit, disclose, communicate or otherwise use the Communications.
Use of our website
Except as may otherwise be authorized expressly by EFC in writing, you may use Our Websites and the Content only for your own personal non-commercial purposes or benefit or for non-commercial educational purposes. You acquire absolutely no rights or licences to Our Websites or the Content other than the limited right to use Our Websites and the Content in accordance with these Terms and Conditions. Except as provided in these Terms and Conditions or as may be authorized expressly by EFC in writing, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on Our Websites or the Content, in whole or in part, and any disassembly, reverse engineering or other exploitation of Our Websites, without EFC’s prior written permission, is strictly prohibited. You may not frame Our Websites or the Content or any part thereof on any commercial or non-commercial Internet website.
Use of Authorized Areas and Passwords
Certain areas of the Our Websites (the “Authorized Areas”) are restricted to registered users approved by EFC and require authorization for access. Unauthorized use of or access to the Authorized Areas is prohibited and may result in criminal and/or civil prosecution. If you are not an authorized user of the Authorized Areas or do not consent to continued monitoring, you should not attempt to access the Authorized Areas.
You are responsible to maintain the security of your passwords and any related information used for authorization. You are responsible for all activities that occur under such information.
You agree to notify EFC immediately of any unauthorised use of your password or other information or any other breach of security of which you become aware. EFC may require you to alter your username and password.
EFC will not be liable where your password or other information is used by someone else.
Cookies are small data files sent to your Internet browser that allow us and our third party service providers to recognize you when you visit the Our Websites. If you set your browser to disable cookies, you may not be able to access certain parts of the Our Websites or certain parts of Our Websites may not work properly.
No unlawful or prohibited use
You agree that you will not use Our Websites for any purpose that is unlawful. You are prohibited from posting or transmitting to or from Our Websites any virus, defect or other harmful disruptive component; or any unlawful, threatening, libellous, profane, defamatory, obscene or pornographic material; or any material that would infringe the copyright or other intellectual property rights of another party.
Links to third-party content
Our Websites may contain links to third party websites. EFC does not endorse the information contained in those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under EFC’s control, and if you choose to access any such website, you do so entirely at your own risk.
These Terms and Conditions are governed by the laws of the Province of Ontario and the applicable laws of Canada, and these laws apply to the use of Our Websites or the Content by you, notwithstanding your domicile, residency or physical location. Our Website and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
These Terms and Conditions, including any documents or other agreements referenced herein, constitute the entire agreement between EFC and you pertaining to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EFC with respect to Our Websites and the Content. EFC’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as waiver of any provisions or rights. If any of the provisions in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.
Copyright and trademark notices
© 2008 – 2018 Egg Farmers of Canada. All rights reserved. No part of Our Websites or the Content may be reproduced, modified, distributed, sold, published, broadcast, retransmitted or circulated in any form without the prior written consent of EFC, except to the extent that such use is for your personal non-commercial use or for non-commercial educational purposes. To request such consent, please contact us. All copies must include this copyright notice.
Any rights not expressly granted herein are reserved.
Our Websites may contain or reference trademarks, patents, proprietary information, technologies, products, processes, or other proprietary rights of EFC or of third parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products processes and other proprietary rights is granted to or conferred upon you. Without limiting the foregoing, the trademarks Start Clean – Stay Clean, Get Cracking, the Eggmark logo, and the Egg Quality Assurance logo are all trademarks of Egg Farmers of Canada.
Egg Farmers of Canada is the trade name for Canadian Egg Marketing Agency, which was established December 15, 1972 under the Farm Products Agencies Act.