Terms of Use


 

Farm Credit Canada ("FCC") operates the Internet site located at community.fccsoftware.ca (collectively, including all content available on the site, the "Website"). As used herein, the terms "you", "your" and "yours" refer to the user or registered user using this Website. The terms "we", "us" and "our" refer to FCC.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your use of the Website is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). Your continued use of the Website is conditional on your acceptance of and continued compliance with these Terms and Conditions.

Amendments or changes

We may modify, supplement or amend these Terms and Conditions and/or add or change features on the Website from time to time. If there are any changes to the Terms and Conditions, you will be notified of the changes and by continuing to use the Website after such notice, you agree to any such changes. If any new features require you to agree to new terms and conditions and/or download software, you will be required to do so in order to continue to use the Website.

Ownership

The Website, its design, all text, graphics, content (except User Generated Content), video, audio and the selection and arrangement of the Website are the property of FCC, and/or its various affiliates, licensors and other third party providers, and is protected by the copyright laws of Canada and other countries. None of the content found on the Website may be used, reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of FCC.

All trade-marks and design marks displayed on the Website (collectively, the "Trade-marks") are owned by FCC. Other trade-marks appearing on this Website are trade-marks of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trade-marks, including the Trade-marks, except with the express written permission of FCC or the other party that may own the applicable trade-marks.

Copyright

Subject to the provisions regarding User Generated Content below, all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FCC or its content suppliers and licensors and is protected by Canadian and international copyright laws. The compilation of all content on this site is the exclusive property of FCC and protected by Canadian and international copyright laws. All software used on this Website is the property of FCC or its software suppliers and licensors and protected by Canadian and international copyright laws.

User Generated Content

As a website user, you may comment, ask questions, share links, and provide FCC Management Software with feedback, by email or otherwise ("User Generated Content"). If you provide User Generated Content, you are solely responsible for your User Generated Content and the consequences of posting or publishing them on the Website.

Your submission of User Generated Content is voluntary and subject to the Privacy Policy and may is also  subject to the review and approval by the website moderators.

In connection with User Generated Content, you affirm, represent and/or warrant that: you own or have the necessary licenses, rights, consents and permissions to use and post the User Generated Content and you hereby grant FCC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, transmit, communicate, perform, translate, create derivative works from, distribute, and display that User Generated Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the User Generated Content. You also grant FCC the right to use the name you submit with the User Generated Content, if any, in connection with FCC's rights set out in this section. You agree that you will not submit as part of any User Generated Content any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant FCC all the license rights granted herein.

FCC does not endorse any User Generated Content or any opinion, recommendation or advice expressed therein. You understand that by using or viewing the Website, you may be exposed to content that is offensive, indecent or objectionable. FCC expressly disclaims any and all liability in connection with any User Generated Content submitted by others.

Restrictions on use

As a user, you represent and warrant that you are the age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Neither the Website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of FCC, except that you may download, display and print the content presented on the Website for your personal, non-commercial use only. Unauthorized use of the Website and/or the content contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site.

You are prohibited from contributing, posting or transmitting to this Website any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not post any User Generated Content or use the Website in a way that damages the image, reputation or rights of FCC, other users or third parties.

FCC reserves the right (but not the obligation) to remove or edit any Website content including the User Generated Content, but may not regularly review posted content.

In its sole discretion, in addition to any other rights or remedies available to FCC and without any liability whatsoever, FCC may at any time and without notice terminate or restrict your access to any component of the Website.

Account, User name and password

In order to access some features of the Website, you may have to create an account. You may not use another's account without permission. When creating your account, you must provide accurate and complete information. By creating an account, you represent and warrant that the information you provide is true and that you will keep it up to date.

Your Website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of FCC.

All login names and passwords remain the property of FCC, and may be cancelled or suspended at any time by FCC without any notice or liability to you or any other person. FCC is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify FCC of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

Although FCC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of FCC or others due to such unauthorized use.

In the event that portions of the Website are accessible through third party websites (e.g. Facebook), you agree to comply with the terms and conditions of any third party applicable to your use of any such third party websites.

Privacy

You have read FCC's privacy policy, the terms of which appear at community.fccsoftware.ca/privacy-policy (the "Privacy Policy") and are incorporated into these Terms and Conditions, and you agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by FCC in accordance with the terms of and for the purposes set out in the Privacy Policy and herein.

Liability disclaimer - READ THE FOLLOWING CAREFULLY

Except as explicitly provided in these Terms and Conditions as amended from time to time, FCC makes no representations or warranties of any kind, express or implied, regarding the Website and/or any content on the Website, all of which are provided on an "as is" and "as available" basis. FCC does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Website, or any of the content or data found on the Website, and expressly disclaims all warranties and conditions in respect of the Website, its content or data.

FCC assumes no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video or audio from the Website. While FCC endeavours to ensure that this Website is available at all times, FCC will not be liable if, for any reason, this Website is unavailable at any time or for any period.

Liability

In no event will FCC be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Website or its content, the operation of this Website or any failure or delay in the operation of this Website , even if advised of the possibility of damages.

Links/Software

The Website may contain links to websites owned or operated by other entities which are not associated or affiliated with FCC. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by FCC of the linked website or information contained therein or of their security or privacy practices. FCC will not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk.

If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading that software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies that software or is provided with that software (the "License Agreement") and in these Terms and Conditions. To the extent of any conflict between these Terms and Conditions and the License Agreement, the terms set out in the License Agreement shall prevail to the extent of such conflict.

Survival

The provisions above that follow the heading "Liability Disclaimer" will survive the termination of your access to the Website.

General 


Governing laws, Jurisdiction

You consent and submit to the exclusive jurisdiction of the courts located in the City of Regina, in the Province of Saskatchewan, Canada, in all disputes arising out of or relating to the use of the Website and these Terms and Conditions. This Agreement and its performance will be governed by the laws of the Province of Saskatchewan, Canada, and the federal laws of Canada applicable in that Province.

Severability

These Terms and Conditions will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.

Headings

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

Entire Agreement

These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by FCC as set out above.

Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

English language

The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tout autre document envisagé par les présentes soient rédigés en anglais.