This page states the terms and conditions under which you may use the Burnbrae Farms Limited (“Burnbrae” or “Burnbrae Farms”) website. BY USING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS, WHETHER OR NOT YOU HAVE READ THEM. Please read these terms and conditions carefully. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THIS WEBSITE.
This website is owned and operated by Burnbrae Farms Limited. Where we say “we”, “us”, “our”, the “Company”, the “Corporation”, “Burnbrae” or “Burnbrae Farms”, we mean Burnbrae Farms Limited and/or one or more or all of its affiliates, as may be applicable.
The contents and services on this website (including but not limited to our products page, recipe nest, nutrition page, FAQs, egg facts page, search bar, newsletter sign-up, and any contests and coupons available through this website) are provided for your convenience only and may be modified or removed from this website at any time or be unavailable from time to time.
2. ACCEPTABLE SITE USE
You may not use this website in order to post, disseminate, transmit, distribute, store or destroy or otherwise handle material:
- in violation of any applicable law, regulation, contract or fiduciary relationship;
- in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
- that is harassing, defamatory, obscene, threatening, abusive, harmful, tortious, libelous, or hateful; or
- that contains personally identifiable information not belonging to you, including without limitation, any personal information belonging to minors.
You are prohibited from violating or attempting to violate the security of the website, including, without limitation:
- accessing data not intended for you or logging into a server or account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization;
- using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website or with any service to any user, host or network, including but not limited to via means of submitting a virus or other disabling mechanism to the website, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”;
- using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents made available by us on this website and other than via generally available third-party web browsers;
- posting, disseminating or transmitting unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email;
- omitting, deleting, forging or misrepresenting transmission information, including without limitation headers, return mailing and transmission control protocol/internet protocol (TCP/IP) addresses, or otherwise manipulating identifiers to disguise the origin of any content; or
- attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.
Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Further, you may not:
- impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity;
- engage in any activities intended to withhold or cloak identity or contact information;
- aggregate, copy or duplicate in any manner any of the materials or information available from the website; or
- frame or link to any of the materials or information available from the website.
In order to ensure a safe and effective experience for all of our customers, we reserve the right to limit the amount of data that may be accessed by you in any given time period. Theses limits may be amended in our sole discretion from time to time.
3. ERRORS AND REVISIONS
This website may include inaccuracies or technical, typographical, or photographic errors that may be corrected as they are discovered at our sole discretion. This website and its components are offered for informational purposes only and the Company does not warrant that any of the materials on this website are accurate, useful, complete or current and the Company shall not be responsible or liable for any error or omissions in those materials. The use of the website, its components and the materials found therein is at your own risk. We may make changes to the materials contained on this website at any time without notice but we do not make any commitment to update the materials on this website.
5. THIRD-PARTY LINKS
This website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the products, services, information or other contents on such third-party websites. The Company shall not be responsible for the content of linked third-party websites and we do not make any representations or warranties regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
6. USER SUBMISSIONS
- may be used by any third-party;
- is not confidential and may be read or intercepted by others;
- is subject to the grant of rights regarding Submitted Materials, as defined below.
You may from time to time submit or transmit information, materials, ideas, opinions, concepts, votes, know-how, techniques, or other content (collectively your “Submitted Materials”) on this website. You hereby declare that you understand and agree that the Company assumes no responsibility for reviewing unsolicited ideas for our business (such as product or advertising ideas) and will not incur any liability as a result of any similarities between your ideas and/or your Submitted Materials and the Company’s future products, services or programs. This means that we have no obligation to treat your Submitted Materials, including without limitation your ideas, confidentially. You hereby grant the Company a worldwide, irrevocable, royalty-free, perpetual license to use, produce, reproduce, create derivative work from, modify, adapt, publish, translate, display, perform, distribute, broadcast, communicate to the public or circulate your Submitted Materials, in whole or in part, and/or to incorporate your Submitted Materials 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, and to sub-license any such rights. You hereby waive all moral rights that you may have in your Submitted Materials.
You represent and warrant that you are the author of your Submitted Materials and that they do not infringe the intellectual property or other proprietary rights of any third-party.
7. CONTESTS AND COUPONS
All coupons provided on this website are subject to any additional terms and conditions applicable to such coupons.
8. INTELLECTUAL PROPERTY
The contents of this website, including but not limited to text, graphics, images, button icons, tools, software, design, photographs, illustrations, games, audio clips, video clips, artwork and other materials, as well as names, logos, trademarks, service-marks and any other content (collectively, the “Website Material”) are the property of the Company and/or its licensors and are protected under both Canadian and foreign copyright, trademark and other intellectual property rights and laws.
The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of the Company and protected by Canadian and international copyright laws.
The Company hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Website Materials for non-commercial and personal use only, provided that you retain all copyright, trademark, service-mark and other proprietary notices contained in the original Website Materials on any copy you make of the Website Materials. You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public or circulate any of the Website Materials to any third-party (including, without limitation, the display and distribution of the Website Materials via a third-party website) without the express prior written consent of the Company. Unauthorized use of the Website Materials may violate copyright, trademark, and other laws. You may not sell or modify the Website Materials in any way for any public or commercial purpose. The use of the Website Materials on any other website or in a networked computer environment for any purpose is prohibited. Unless expressly permitted herein, any use of the Website Materials is only permitted with the express written permission of the Company and/or its licensors.
You shall not copy or adapt the HTML code that the Company creates to generate its pages, which is protected by the Company’s copyright.
9. FORWARD-LOOKING STATEMENTS
This website and documents contained or incorporated by reference therein may include statements that constitute “forward-looking statements”. “Forward-looking statements” are statements regarding possible events, conditions or performance that are based on current expectations, estimates, forecasts and projections about the industries in which we operate and beliefs and assumptions made by the Company about future conditions and courses of action. Such forward-looking statements include but are not limited to statements with respect to our objectives and goals, as well as statements with respect to our beliefs, plans, objectives, expectations, anticipations, estimates and intentions. They involve known and unknown risks and uncertainties that may cause our actual results, performance, or achievements to be materially different from any future results, performance, or achievements expressed or implied by such forward-looking statements. When used, words such as “believe”, “anticipate”, “estimate”, “project”, “intend”, “expect”, “may”, “will”, “plan”, “should”, “would”, “contemplate”, “possible”, “attempts”, “seeks”, “goals”, “targets”, and variations of such words and similar expressions are intended to identify these forward-looking statements.
These statements are not guarantees of future performance and involve assumptions and risks and uncertainties that are difficult to predict. In particular, these forward-looking statements are based on a variety of factors and assumptions including but not limited to the condition of the Canadian and other economies, the magnitude of the rate of change of the Canadian dollar versus other currencies, the availability and prices of raw materials, energy and supplies, product pricing, the competitive environment and related market conditions, improvement of operating efficiencies, continued access to capital, the cost of compliance with environmental and health standards, adverse results from ongoing litigation, unexpected actions of domestic and foreign governments and the general assumption that none of the risks identified by us will materialize. These assumptions have been derived from information currently available to us, including without limitation information obtained by us from third-party industry analysts. These assumptions may prove to be incorrect in whole or in part. We do not intend, and we disclaim any obligation to update any forward-looking statements, whether written or oral, or whether as a result of new information, future events or otherwise except as required by law.
10. DISCLAIMER OF WARRANTIES
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THIS WEBSITE AND THE CONTENTS, INFORMATION, MATERIALS, PRODUCTS, FUNCTIONALITIES, SOFTWARE, TEXT, GRAPHICS, LINKS, AND SERVICES OFFERED OR CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ABOUT ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, USEFULNESS, SECURITY, CURRENCY, COMPLETENESS, OR TIMELINESS OF THIS WEBSITE AND THE CONTENTS, INFORMATION, MATERIALS, PRODUCTS, FUNCTIONALITIES, SOFTWARE, TEXT, GRAPHICS, LINKS, AND SERVICES CONTAINED THEREIN, NOR OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA THIS WEBSITE.
11. LIMITATION OF LIABILITY
THE AGGREGATE LIABILITY TO YOU FOR THE COMPANY, ITS AFFILIATES, ITS SUPPLIERS, OR ANY THIRD-PARTIES MENTIONED ON THE WEBSITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THIS WEBSITE AND THE CONTENTS, INFORMATION, MATERIALS, PRODUCTS, FUNCTIONALITIES, SOFTWARE, TEXT, GRAPHICS, LINKS, AND SERVICES CONTAINED THEREIN, IS LIMITED TO $100.00 FOR ANY DAMAGES WHATSOEVER, WHETHER FOR BODILY, MORAL OR MATERIAL INJURY, WHETHER SUCH DAMAGES BE DIRECT (OR GENERAL), INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE (OR EXEMPLARY), AGGRAVATED OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, LOSS OF GOODWILL, LOSS OF INCOME OR PROFIT, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO PROPERTY AND THIRD-PARTY CLAIMS), WHETHER BASED ON WARRANTY, CONTRACTUAL LIABILITY, EXTRA-CONTRACTUAL LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSSES COULD HAVE BEEN REASONABLY FORESEEN BY THE COMPANY.
You agree to defend, indemnify and hold the Company harmless, as well as its affiliates, directors, officers, employees, agents, or other representatives, from and against all claims, actions, demands, liability and expenses, including without limitation legal fees and accounting and costs arising from or relating to:
- your use of this website, and the contents, information, materials, products, functionalities, software, text, graphics, links and services contained therein, including without limitation the transmission or submission of information or material by you via this website; and
- any claim or allegation that your Submitted Materials infringes the intellectual property or other proprietary rights of any third-party.
The Company reserves the right, at any time and at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Submitted Materials from the website and immediate termination of your registration with or ability to access the website and/or any other service provided to you by the Company.
14. GOVERNING LAW
The Company makes no representation or warranties that materials on this website are appropriate or available for use, viewing, or download outside of Canada. If you are accessing this website from outside of Canada, you are doing so on your own initiative and at your own risk and are responsible for compliance with applicable laws, if and to the extent applicable. The products and services referred to on this website may not be available outside of Canada.
15.8. Survival. Sections 6, 8, 9, 10, 11, 12, 14, and 15 shall survive the termination of your right to use this website.