TERMS OF SERVICE
Please read these terms of service (these “Terms”) carefully as they contain important information regarding your legal rights, remedies and obligations. These include various disclaimers, limitations of liability, and, to the extent permitted by applicable law, a dispute resolution clause that governs how disputes will be resolved.
The website at www.backcountryharvest.ca together with any other website to which we link these Terms (this “Website”), is owned and operated by Backcountry Harvest Organics (collectively, the “Company”, “we”, “us”, and “our”). Information contained in this Website is for information purposes only. Access and use of this Website and its related services (the “Services”) are provided to you on condition that you accept these Terms. In addition to these Terms, your access to and use of certain portions or aspects of the Website and the other Services, or your ability to access and/or use the Services, may require you to accept additional terms and conditions (collectively, the “Additional Terms”). The Additional Terms are hereby incorporated in and made a part of these Terms by this reference.
By accessing or using this Website or the Services, you agree to these Terms. If you do not agree to these Terms, you may not access or use: (i) this Website; (ii) the Company Materials (as defined below); or (iii) any of the Services.
These Terms, this Website, the Company Materials, and the Services may be amended or otherwise changed from time to time without notice. For the avoidance of doubt, Company reserves the right to: (i) revise, modify, supplement or delete any information, materials, services and/or resources contained on this Website; and (ii) make such changes without prior notification to past, current or prospective visitors. It is your responsibility to check for such changes periodically. If you do not agree with any change, you must stop using or accessing this Website and the Services. Your continued access or use of this Website or the Services after any such change is posted on this Website will constitute your acceptance of the change.
For visitors who are not individuals resident in the province of Quebec, your access and use of this Website shall be deemed to be provided in British Columbia and subject to British Columbia law and the laws of Canada applicable therein. If you access this Website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws, including, without limitation, securities laws and import and export laws. In particular, you understand that this Website, the Services or both may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.
If you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by or related to this Website (including the Services), you may not: (i) enter into these Terms; or (ii) access or use this Website or the Services. Information provided on the Website or the other Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. By accessing or using this Website you are explicitly stating that you have verified in your own jurisdiction that your access and use of this Website and the Services is allowed and legally permissible.
USE OF THIS WEBSITE
You may only access and use this Website and the Services for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You represent and warrant that you are at least the age of majority in your jurisdiction of residence, or have reached such other age as legally required to access the Website and Services, and are legally capable of entering into a binding contract.
You may not interfere with the security of, or otherwise abuse, this Website, the Services, or any system resources, services or networks connected to or accessible through this Website. You may only access or use this Website and the Services for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Company’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms. You agree not to use any device, software, or routine to interfere with the proper functioning of the Website or the Services.
While accessing or using this Website or Services, you agree to comply with all applicable laws, rules and regulations.
You further agree not to:
mirror or frame any part of this Website or the Company Materials without Company’s express prior written consent;
use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of this Website, without our express prior written consent;
access content or data not intended for you or log onto a server that you are not authorized to access;
attempt to probe, scan, or test the vulnerability of the Website, the Services, or any associated system or network, or to breach security or authentication measures without our proper, prior, authorization;
interfere or attempt to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to the Website or the other Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
violate security features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the other Services or any content on the Website or the other Services, including, without limitation, by use of any manual or automated software, devices, scripts bots, crawlers, spiders, data miners, scraping or other automatic access tools;
use any software, tool, data, device, or other mechanism to navigate or search the Websites and/or the other Services, other than generally available browsers or a search engine provided by us; or
use any metatags or any other “hidden text” utilizing our name, copyrights or trademarks without our express written consent.
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and/or the Services. For example, Company may, without notice, temporarily suspend your, or any other party’s, access to this Website or any portion of this Website (including the Services) if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as the Company may reasonably determine, including as is necessary to permit the thorough investigation of such suspended activity.
This Website (including Company Materials and the presentation thereof) is the property of Company and its licensors, and is protected by intellectual property laws, including copyright law, trademark law, patent law and other laws of Canada and other applicable jurisdictions.
When accessing and using the Website and/or the Services, you agree to obey the law and to respect the intellectual property rights of others. As between you and us, all content on the Website and the other Services, including, without limitation, text, logos, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, emails, texts, push notices or any other digital media (the “Company Materials”), is owned by us and/or our licensors and is subject to protection by patent, copyright, trademark, or other proprietary rights. In addition, the entire content of the Website and the other Services is copyrighted as a collective work under the Canadian and international copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content.
All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on the Website and/or the other Services are the property of their respective owners, including, without limitation, in some instances, us and/or other third parties with whom we work. Nothing contained on the Website or the other Services or the Terms serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.
Except as expressly provided herein, you may not use, modify, create derivative works of, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any Company Materials from the Website or the other Services without express written permission from us and, if applicable, the respective copyright owner. You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Website or Services.
Any unauthorized use regarding publication, copying or modification of information in any of the Company Materials, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action.
ERRORS AND OMISSIONS
Although Company believes the Company Materials to be correct at the time they are posted, Company: (i) does not warrant the accuracy, completeness or currency of same at all times; and (ii) cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the Company Materials on this Website. Information contained in this Website does not constitute a solicitation or an offering of securities in any jurisdiction.
We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update the Company Materials at any time, without prior notice to you (including after an order has been placed by you).
You acknowledge and agree that access to and use of this Website and the Services is primarily provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
COMMUNICATIONS THROUGH THIS WEBSITE
The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Company is not liable for any damages related to communications to, or from, this Website or the Services.
Feel free to e-mail or otherwise provide us with your comments, suggestions or feedback (“Comments”). Should you do so, you agree that: (i) Company and its affiliates have no obligation to you or anyone else concerning such Comments; (ii) such Comments are non-confidential; (iii) Company and its affiliates may use, disclose, alter, modify, translate, publish, distribute, copy or otherwise use such Comments (including any ideas, concepts or know-how contained in such Comments) in perpetuity, throughout the world, with or without attribution, for any purpose and without restriction or obligation to you or to anyone else; (iv) such Comments are truthful and do not violate the legal rights of others. We have no obligation to pay compensation for any Comments. Further you waive all moral rights in and to all Comments in favour of the Company.
LINKS TO THIRD PARTY WEBSITES
Links from or to websites outside this Website are provided for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to this Website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Company shall not be a party to any transaction between you and any third party including any third-party advertising on this Website, and we shall not be liable for any losses or damages arising out of such interaction with any third party. Without limiting the foregoing, any link to a third-party press release, media coverage, stock exchange website or analyst coverage should not be taken as an endorsement by us of the views, analysis or projections contained in such materials.
THE COMPANY MATERIALS ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE OR AN OPINION OF ANY KIND. YOU ARE ADVISED TO SEEK SPECIFIC LEGAL AND/OR MEDICAL ADVICE BY CONTACTING A PROFESSIONAL. YOU SHOULD NEVER USE INFORMATION YOU OBTAIN THROUGH THE WEBSITE OR SERVICES TO DISREGARD THE ADVICE OF YOUR LEGAL ADVISOR, PHYSICIAN OR OTHER HEALTH CARE PROVIDER, DELAY SEEKING LEGAL OR MEDICAL ADVICE FROM YOUR LEGAL ADVISOR, PHYSICIAN OR OTHER HEALTH CARE PROVIDER, OR TO TAKE, OR NOT TAKE, ACTIONS THAT MAY AFFECT YOUR HEALTH WITHOUT THE ADVICE OF YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES, THE PRODUCTS DESCRIBED ON THE WEBSITE AND THE COMPANY MATERIALS ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF THE COMPANY MATERIALS, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES, THE PRODUCTS DESCRIBED ON THE WEBSITE AND THE COMPANY MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER, DEVICE AND SOFTWARE; (II) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; (V) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, DEVICES, SOFTWARE OR ELECTRONIC FILES.
COMMENTS OR OPINIONS EXPRESSED ON THE WEBSITE AND SERVICES ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE WEBSITE AND SERVICES AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF COMPANY. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE WEBSITE AND SERVICES.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE WEBSITE AND SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN 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 A SOLICITATION.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SECURITY HOLDERS, PARTNERS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE TO YOU FOR ANY (A) INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (EVEN IF ANY OF THE COMPANY PARTIES IS MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES), OR (B) ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF OPPORTUNITY IN CONNECTION WITH OR RELATED TO ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING FROM, RELATED TO, OR IN CONNECTION WITH (I) THESE TERMS, (II) THIS WEBSITE (INCLUDING ANY SITES LINKED FROM OR TO THIS WEBSITE), (III) THE COMPANY MATERIALS, (IV) THE SERVICES, (V) THE PRODUCTS DESCRIBED ON THE WEBSITE, AND (VI) YOUR ACCESS, USE, OR RELIANCE OF ANY OF THE FOREGOING, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN EVERY EVENT, THE COMPANY PARTIES’ TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH OR RELATED TO ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING FROM, RELATED TO, OR IN CONNECTION WITH (I) THESE TERMS, (II) THIS WEBSITE (INCLUDING ANY SITES LINKED FROM OR TO THIS WEBSITE), (III) THE COMPANY MATERIALS, (IV) THE SERVICES, (V) THE PRODUCTS DESCRIBED ON THE WEBSITE, AND (VI) YOUR ACCESS, USE, OR RELIANCE OF ANY OF THE FOREGOING SHALL BE LIMITED TO THE LESSER OF: (A) TWENTY ($20.00) DOLLARS (CAD); AND (B) THE AMOUNTS PAID BY YOU FOR ANY PRODUCTS DESCRIBED ON THE WEBSITE AND PURCHASED BY YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FINAL EVENT GIVING RISE TO SUCH LIABILITY.
THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR COMPANY TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY COMPANY, COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIAL FEES.
Please note that certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you; and in any such case, our liability will be limited to the maximum extent permitted by law.
IN CONSIDERATION FOR ACCESSING OR USING THIS WEBSITE, YOU AGREE TO DEFEND AND INDEMNIFY THE COMPANY PARTIES AGAINST ANY LOSSES, LIABILITIES, CLAIMS, DEMANDS, THREATS, ACTIONS, PROCEEDINGS, EXPENSES (INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS) IN ANY WAY ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING IN CONNECTION WITH ANY PRODUCTS DESCRIBED THROUGH THIS WEBSITE OR THE USE OF ANY INFORMATION CONTAINED IN OR OBTAINED THROUGH THIS WEBSITE, THE SERVICES, YOUR VIOLATION OF THE TERMS OR ANY APPLICABLE LAW OR REGULATION, OR THE POSTING OR TRANSMISSION OF ANY MATERIALS ON OR THROUGH THIS WEBSITE BY YOU, INCLUDING BUT NOT LIMITED TO, ANY THIRD PARTY CLAIM THAT ANY INFORMATION OR MATERIALS PROVIDED BY YOU INFRINGE UPON ANY THIRD PARTY PROPRIETARY RIGHTS.
TERM, TERMINATION AND SUSPENSION
As above, Company may, at its sole discretion, at any time and from time to time, without notice, suspend your ability to use this Website and the Services, or any portion thereof, or remove or alter any Company Materials and/or terminate these Terms or any of the licenses granted hereunder. Upon termination of these Terms, you shall immediately cease and desist from all use of this Website and the Services. Sections 7, 9, 10, 11, 13, 14, 15 – 18 will survive any termination or expiry of these Terms.
These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
Any headings and titles herein are for convenience only.
These Terms are not assignable, transferable or sub-licensable by you except with Company’s prior written consent. We may assign, transfer or convey these Terms, or any of our rights hereunder to a third party without notice to you.
If any provision or part thereof of these Terms is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
For visitors who are not individuals resident in the province of Quebec, any claims or disputes arising from, related to, or in connection with (i) these Terms, (ii) this Website, (iii) the Company Materials, (iv) the Services, (v) the products described on the Website, and (vi) your access, use, or reliance of any of the foregoing (each a “Dispute”) will be resolved in accordance with the laws in the Province of British Columbia without regard to its conflict of law rules. For visitors who are not individuals resident in the province of Quebec, any such claims or disputes must be brought before the courts in the City of Vancouver, British Columbia and you irrevocably consent to the exclusive jurisdiction and venue of such courts. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to obtain injunctive or other emergency or similar relief. For visitors who are not individuals resident in the province of Quebec, and except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the Company Parties relating to any Dispute and you also agree to opt out of any class proceedings against Company.
You agree that we have the right, but not the obligation, to monitor, suspend, terminate, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material, content, and/or activity anywhere on the Website or the other Services, including, without limitation, any content you might post or provide. In the event you post or provide content in violation of the Terms or to which you do not have adequate rights, we may suspend or terminate your access to or use of the Site. Notwithstanding this right, we do not and cannot review all materials submitted to the Site. If notified, we will investigate an allegation that content transmitted to us is in violation of the Terms and determine whether to have the communication removed. However, we assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of the Sites or the other Services, including, without limitation, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Not everyone accepts cannabis use as permissible. For example, some employers may have anti-drug policies that disallow or limit cannabis use.
You acknowledge that by interacting with the Website and the Services, providing your information to us, allowing us to collect data about you, permitting us to send you communications, or using the products described on the Website, could imply to employers, friends, family, or others that you are a cannabis product user, which could have unwanted social, legal, employment, economic, or other impacts that could affect you, including, without limitation, your loss of employment. You understand and agree that the Company shall not be held liable for any damages arising out of or connected with the foregoing because your use of the Website and the Services and the products described on the Website is solely at your own risk.
Keep all cannabis and cannabis products out of reach of children and animals. Use of cannabis while pregnant or breastfeeding may be harmful. If you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, you should consult a physician or other health care professional prior to using cannabis. Intoxicating effects of cannabis and cannabis products may be delayed up to two (2) hours. Consumption of cannabis and cannabis products impairs your ability to drive and operate machinery. Do not operate vehicles or machinery while under the influence of cannabis. You should always read and follow the label and any cautionary statements on any products described on the Website.
You assume the risk of any-and-all damage or loss incurred as a result of your consumption of cannabis or cannabis products. Although the Services and licensees may provide information regarding cannabis and cannabis products, including, without limitation, potency, pharmacologically active ingredients, source of cultivation, recommended or potential uses and benefits, and all other descriptions or information (collectively, “Cannabis Information”), such Cannabis Information should in no way be construed as medical advice nor is it intended to cover all possible uses, directions, precautions, or adverse effects. All Cannabis Information is provided for informational and educational purposes only and is not intended to be a substitute for medical advice under any circumstance. Always consult your primary care physician or other qualified healthcare provider prior to using cannabis or a cannabis product- including use intended for treatment of a medical condition. Never disregard professional medical advice or fail to seek it following receipt of Cannabis Information from the Services or a licensee. We cannot guarantee the accuracy of any Cannabis Information and you should not rely on such Cannabis Information.
If you need to contact us regarding this Website, the Services, the products described on the Website or these Terms, please contact us at firstname.lastname@example.org
These Terms were last updated on July 23, 2023.