Terms of Use

Illustration - Mouse Created with Sketch.

TERMS OF USE

Agropur cooperative and its subsidiaries (collectively “Agropur”) welcome you to this website (the “Website”). Agropur is a cooperative having its head office located at 4600 Armand-Frappier St. in Saint-Hubert, Québec, J3Z 1G5, Canada.

By accessing or using this Website, or downloading any part of its content, you agree to be bound by all the terms of use set out below (the “Terms of Use”), which Terms of Use constitute a contract between you and Agropur governing your use of the Website. This contract does not apply to any purchase or other contractual relation that may exist between you and Agropur. Please read these Terms of Use carefully before using the Website. If you do not accept these Terms of Use, please do not access the Website or its content.

Amendment to the Terms of Use

Agropur may modify all or part of the Terms of Use at its discretion, at any time and without prior notice. Any changes will be effective upon being posted on the Website. Your use of the Website will be subject to the most current version of the Terms of Use posted. In the event of a conflict between an amendment and an earlier version of the Terms of Use, the most recent version containing the amendments shall prevail. Please consult these Terms of Use regularly. If you do not accept the updates to the Terms of Use, please immediately discontinue your use of the Website.

Personal Information

To access certain functions of the Website, you may be asked to provide personal information. Personal information collected through this Website is used and disclosed in accordance with the terms of our privacy policy, which is incorporated into these Terms of Use. To read our privacy policy, click here. All information you provide on this Website must be correct, current and complete and must not be provided by minors. Furthermore, you represent and warrant that you will not use another person’s name in connection with the use of this Website.

Intellectual Property

All rights, titles and interests in and to the Website are the exclusive property of Agropur. The Website is protected under applicable intellectual property laws, including, without limitation, the Copyright Act and the Trade-marks Act as well as all other applicable laws pertaining to intellectual property. You are not authorized to (i) copy, amend, reproduce, publicly post, transmit, sell or otherwise exploit or use all or part of the Website content, (ii) use or distribute Website elements for commercial purposes, or (iii) create derivative works or websites using the Website content.

The trademarks, logos, service marks and distinguishing guises displayed on this Website (collectively, the “Trademarks”) are registered Trademarks owned by Agropur or belonging to Agropur by virtue of use under common law, or are otherwise used by Agropur under licence with their owner’s permission. Any reproduction or use of any Trademark without the prior express written consent of Agropur is prohibited. No information or other content on this Website should be construed as directly or indirectly granting any authorization or right whatsoever to use any of the Trademarks without the prior written permission of Agropur or such other party that may own the Trademarks.

Notwithstanding the foregoing, you may copy, privately display, and, from time to time, print a paper copy of pages contained on this Website solely for your personal and non-commercial use. You must retain all copyright and Trademark notices and any other proprietary notices appearing on this Website. If you breach any of these Terms of Use, your authorization to use this Website or the services offered thereon automatically terminates and you must immediately destroy any downloaded or printed materials.

Prohibited Uses

You agree not to do the following:

  • impersonate or misrepresent your relationship with any person or entity;
  • access and/or use sections of the Website or Agropur’s computer systems that are not public;
  • attempt to probe, scan, or test the vulnerability of the Website or any related system or network, or breach any security or authentication measures used in connection with the Website or any related system or network;
  • modify, move, delete or otherwise add any element to the Website, attempt to decrypt, decompile, disassemble, reverse engineer, use or restrict any of the software used to provide the Website;
  • harm or threaten to harm other Website users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus or by means of overloading, flooding, spamming or mailbombing; and
  • use the Website in an abusive way contrary to its intended use, the documentation pertaining thereto or Agropur’s reasonable instructions.

Agropur has the right to investigate any violation of these Terms of Use and initiate proceedings in this regard, including, without limitation, for infringements of any intellectual property rights or security breaches, the whole in accordance with applicable laws. Agropur may involve and cooperate with law enforcement authorities in order to initiate proceedings against users who violate these Terms of Use. You acknowledge that, although Agropur has no obligation to monitor your access to or use of the Website, it has the right to do so in connection with the operation of the Website in order to ensure your compliance with these Terms of Use, or in order to comply with applicable laws or the orders or requirements of a court, administrative agency, or any other government body.

Third Party Information and Hyperlinks

Although Agropur monitors the information contained on the Website, some of the information on the Website may be supplied by independent third parties. While Agropur makes every effort to ensure the accuracy of all information contained on the Website, Agropur cannot warrant the accuracy of any such information.

The Website contains links to access other websites that are not under the control of Agropur. These links are provided to you for convenience only, it being understood that Agropur does not endorse any of these other websites. Agropur assumes no liability regarding the content of any website whatsoever to which this Website gives access nor does Agropur make any representation of any kind whatsoever regarding the quality of any product or service offered on such websites.

Agropur assumes no liability and offers no warranty of accuracy, security or otherwise in regards to the content (including opinions) provided by the public on this Website or any other website, nor does it endorse such content.

Anonymous Information Gathered through the Website

Agropur gathers anonymous information respecting the use of its Website. Thus, Agropur uses various technological tools to know which pages of its Website have been consulted by visitors, to determine the frequency with which hyperlinks are used and to compile statistics on visitors and their use of the Website. This information is gathered by means of an analytical platform (such as: Google Analytics), log files and cookies. This anonymous information is gathered in such a way that Agropur is unable to identify you.

Agropur may post advertisements based on areas of interest on this Website, which is owned by Agropur, as well as on the other websites it operates and on any other third-party websites, using the anonymous information gathered when you consult this Website. Advertising campaigns based on areas of interest, which are sometimes referred to as personalized or targeted advertising campaigns, are displayed based on the anonymous information gleaned from your activities on the Website and from any other websites you may have visited that posted content or advertising campaigns from Agropur.

Like other online advertising networks, Agropur uses cookies, web beacons (also known as web bugs) and other technologies (collectively, the “Cookies”). Cookies allow Agropur to determine which advertisements you see, which advertisements you click on and the other things you do when you consult the Website. This allows Agropur to offer you more useful and relevant advertising. For example, if Agropur is able to know what advertising is presented to you, it can avoid showing you the same advertising repeatedly. Agropur does not connect your activities on third-party websites to your identity when Agropur offers you advertisements based on areas of interest.

Advertisers or advertising agencies working on their behalf sometimes use various technological tools to send the advertising campaigns that appear on our Website directly to your web browser. To do so, they automatically obtain your IP address. They can also use Cookies to measure the efficiency of their advertising campaigns and to personalize advertising content. Agropur has no access to or control over these Cookies or other technological tools that third-party advertisers or websites might use.

Generally, you may choose not to receive personalized advertising campaigns from third-party advertisers and advertising networks that are members of the Network Advertising Initiative (NAI) or that subscribe to the Canadian Self-Regulatory Principles for Online Behavioural Advertising by visiting the opt-out page of the websites of the NAI and the Digital Advertising Alliance (DAA). You can also disable Google Analytics for Display Advertising and customize the advertisements displayed on the Google Display Network via the Ads Settings page (link).

Solicitation

Providing Agropur with your email address or telephone number indicates that you consent to Agropur contacting you by phone or email. This consent authorizes Agropur to send you any information regarding the Website, to inform you of other products, services and opportunities that may interest you and to get your opinion on the quality of the Website.

If you no longer wish to be contacted by Agropur, you may send a written request to Agropur at the following address:

By email

By mail:

Agropur cooperative
Consumer Response
4600 Armand-Frappier Street,
Saint-Hubert, Québec
J3Z 1G5

Communications Directed to Agropur

Please note that Agropur does not solicit nor does it wish to receive any ideas, suggestions, documents or any other information of any kind whatsoever in connection with the development, design, manufacture, modification or marketing of its products or any new product unless it specifically invites the public to submit its ideas in the context of an open innovation challenge that Agropur may organize from time to time.

Please also note that all information (including your ideas) other than personal information that you may provide to Agropur will be considered as non-confidential such that Agropur shall be free to use it for any purpose, including, but without limitation, for the development, creation and marketing of new products.

LIMITATION OF WARRANTY

YOU ACKNOWLEDGE THAT YOU ARE USING THIS WEBSITE AT YOUR OWN RISK AND THAT ALL INFORMATION CONTAINED HEREIN IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULL EXTENT ALLOWED UNDER APPLICABLE LAW, AGROPUR AND ITS SUPPLIERS DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, AND THEY MAKE NO REPRESENTATION AS REGARDS THE WEBSITE, INCLUDING THAT THE WEBSITE WILL MEET YOUR NEEDS OR BE COMPATIBLE WITH EQUIPMENT OR SOFTWARE PROVIDED BY A THIRD PARTY, THAT THE WEBSITE WILL NOT BE INTERRUPTED, THAT IT WILL BE FREE FROM PROBLEMS OR ERRORS OR THAT ALL ERRORS WILL BE CORRECTED. THE INFORMATION ON THE WEBSITE MAY BE OUT OF DATE, AND AGROPUR MAKES NO COMMITMENT WITH RESPECT TO ITS ACCURACY. AGROPUR MAY PERIODICALLY ADD, CHANGE, IMPROVE OR UPDATE THE INFORMATION ON THE WEBSITE WITHOUT NOTICE. AGROPUR MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR REGION. YOU UNDERSTAND THAT AGROPUR CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, COMPUTER WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. AGROPUR DOES NOT REPRESENT OR WARRANT THAT ITS WEBSITE OR EMAILS SENT FROM THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, AGROPUR’S WARRANTIES AND REMEDIES EXPRESSLY SET FORTH HEREIN (IF ANY) ARE EXCLUSIVE AND REPLACE ALL OTHER WARRANTIES, BE THEY EXPLICIT OR IMPLIED EITHER IN FACT OR BY OPERATION OF LAW, ALL DUTIES, ALL ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, SUITABILITY FOR A PARTICULAR PURPOSE, SATISFACTORINESS, COMPLIANCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

LIMITATION OF LIABILITY

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL AGROPUR OR ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, PARTNERS OR LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, CONSULTANTS, AGENTS OR SUPPLIERS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL (INCLUDING LEGAL FEES), DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA, OR FOR ANY OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE WEBSITE, WHETHER OR NOT FORESEEABLE, EVEN IF AGROPUR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF AGROPUR IS FOUND LIABLE TO PAY YOU DAMAGES, AGROPUR’S TOTAL CUMULATIVE LIABILITY TO YOU HEREUNDER SHALL NOT EXCEED CDN$100, UNLESS PROHIBITED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Agropur and its affiliates, subsidiaries, suppliers, partners and licensors, and each of their respective directors, officers, employees and members, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, that are in any way connected to your access to or use of the Website.

Website Access Refusal or Interruption

Agropur may refuse or interrupt your access to its Website for any reason at its sole discretion, including where Agropur believes you have violated these Terms of Use. You agree that Agropur shall not be liable to you or to any other person whomsoever if your access to the Website is refused or interrupted.

Applicable Law

These Terms of Use shall be governed and construed in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein without regard to any principles of conflict of laws. The courts of the Province of Québec shall have exclusive jurisdiction over all disputes. The parties hereby irrevocably submit to the jurisdiction of the courts of the district of Montreal, Province of Québec.

Severability

If a particular provision of these Terms of Use is held to be invalid by a court of competent jurisdiction, such provision shall be deemed severed from these Terms of Use and shall not affect the validity of these Terms of Use as a whole.

Entire Agreement

These Terms of Use constitute the complete and entire agreement between the parties as to the use of the Website and they supersede all prior communications, proposals or agreements between you and Agropur regarding this Website.

No Waiver

Agropur shall not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by Agropur. No delay or omission by Agropur in exercising its rights or remedies shall be construed as a waiver of its right to enforce such rights or remedies at any time.

Contacting Agropur

If you have any concerns, questions, or complaints regarding these Terms of Use, please contact Agropur.

 

These Terms of Use were last updated on November 30, 2017.