Terms and Conditions
The Services are intended for Canadian residents who are over the age of legal majority in the province/territory where they reside (including by persons over the age of legal majority for the benefit of persons under the age of legal majority, provided the user is the parent or legal guardian of the person under the age of legal majority). By accessing the Services you represent that you are at least the age of legal majority where you reside and you agree to use the Services in accordance with all applicable local, provincial, national or international laws and regulations.
USE OF WEBSITE
As between you and Don-o-Ray Farms, we own the website and all of the written or other content on the site, including text, images, graphics, email, newsletters, eFlyers, health and wellness information, news updates, alerts, notifications, executable applications, software, underlying code and other content and services offered through the website (the “Content”), as well as any and all improvements, updates and modifications which we make to the Content from time to time. The website content is only for your personal, non-commercial, or educational purposes. You may not copy, distribute, publish or make any commercial use of any Content. You are permitted to print or download, for the purpose of displaying, copies of the Content, provided: (i) such copies are kept in your sole possession or control; (ii) you reproduce and include the whole of any proprietary notices, including copyright and trademark notices on the copies; (iii) you do not publish, sell, transfer, reproduce, distribute, modify, display, prepare derivative works based on, re-post, transmit or otherwise use the Content for any purpose whatsoever; and (iv) you acknowledge that unauthorized use of the Content, would result in damages to us, which could not be adequately compensated for in damages by monetary award. Accordingly, in the event of any such breach, in addition to all other remedies available at law or in equity, we are entitled as a matter of right to apply to a court of competent jurisdiction for relief by way of restraining order, injunction, decree or otherwise, as may be appropriate to ensure compliance with these Terms.
You may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing our name, trademarks, or product names without our express written consent.
While using the website, you agree not to: (i) interfere with other users’ use of the website; (ii) transmit any files which may contain viruses, or other contaminating or destructive properties; (iii) post or transmit material for advertising or commercial purposes; (iv) impersonate, or misrepresent your affiliation with, any person or entity; (v) post or transmit any content which may injure, disparage or constitute defamation or libel of any third party; or (vi) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct or that violates any law.
Don-o-Ray Farms reserves the right to take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of the Services, including without limitation, taking legal action, or suspending or terminating your access without notice.
THIRD PARTY SITES
The website may contain links to other websites (“Third Party Sites”), including third-party payment processing. Third Party Sites are not under our control and we are not responsible for anything on these Third Party Sites.
LINKS AND ENDORSEMENTS
We do not endorse the products or services of anyone else, including any third party products or services mentioned or referred to in or through any information, comments or material in, or linked from or to the website. References to any such products or services are not endorsements or approval of such products or services.
Because some websites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in Third Party Sites and you hereby irrevocably waive any claim against us with respect to Third Party Sites.
DISCLAIMER OF WARRANTIES
THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DON-O-RAY FARMS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
DON-O-RAY FARMS MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THIS ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR VERIFYING ANY CONTENT BEFORE RELYING ON IT. FOR GREATER CERTAINTY, YOU AGREE THAT ALL RISK ASSOCIATED WITH THE USE OF, OR RELIANCE ON, ANY PERSONAL INFORMATION OR CONTENT OF THE SERVICES, RESTS WITH YOU. YOU FURTHER AGREE THAT DON-O-RAY FARMS AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY CONTENT OR THE SERVICES.
IN NO EVENT WILL DON-O-RAY FARMS AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, THE CONTENT OF THE SERVICES OR THE PERSONAL INFORMATION ACCESSIBLE ON THE SITE OR THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL DON-O-RAY FARMS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DESIGN MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE PERSONAL INFORMATION ACCESSIBLE OR CONTENT PROVIDED THROUGH THE WEBSITE.
You agree to defend, indemnify and hold harmless each of Don-o-Ray Farms’’ officers, directors, employees, agents, representatives of the foregoing and all service providers of the foregoing, including all third parties mentioned on or in any way involved in providing any of the Services, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of these Terms; (b) your access to, use of or reliance upon the website, your personal information that is accessible through the website; or (c) your infringement of any intellectual property or privacy rights of any person.
We reserve the right to change any aspect of the website, including adding or removing functionality, and the right to refuse or remove any Content, whatever the source, at any time without any notice or liability to you and in our sole discretion. We may terminate, restrict, or suspend your use of the website at any time, without notice or reason.
Any disputes arising from your use of the website shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable in the Province of British Columbia. You agree not to raise conflict of laws principles in an attempt to defeat the application of these laws and you expressly consent to the exclusive forum, jurisdiction and venue of the courts of British Columbia.
You will do all such further acts and execute or deliver such documents as we may reasonably require from time to time for the purpose of giving effect to these Terms (including protecting, confirming and enforcing the license provided to us above).
If any provision of these Terms is found to be unlawful, void or unenforceable, then such provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The language in these Terms will not be interpreted strictly for or against any party. We may assign, transfer or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time without notice. You may not assign, transfer, or otherwise dispose of any rights or obligations under these Terms, in whole or in part. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. The section titles are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms, please contact Don-O-Ray Farms at: (250) 860-2557 or by mail at:
1-3443 Benvoulin Rd.
Kelowna, BC V1W 4M5
Last updated: September 2021