Terms of Use
Last modified on September 27, 2022
By using our Site, you agree to these Terms of Use. Please read it carefully.
INTRODUCTION
Your use of this website, and the features at this site (collectively, the “Site”) are subject to these Terms of Use (“Terms”) entered into between you and Food Ventures North America Canada, Inc. dba / Wild Fork Foods (collectively, “we”, “us” or “our”). These Terms govern your access and use of the Site, including any content, functionality and services or goods offered on or through the Site, whether as a guest or a registered user; please read these Terms carefully before using this Site. By accessing and using the Site you accept and agree to be bound by these Terms and our Privacy Policy located at https://jbssa.com/legal/privacy/, which is incorporated herein by reference. All information you provide to us is subject to our Privacy Policy and, by using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If you do not agree to these Terms or the Privacy Policy, do not access or use the Site.
From time to time we may update the Site and these Terms in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. We encourage you to review these Terms each time you visit the Site, and your use of the Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
SITE CONTENT
The Site and its entire content, features and functionality (including, but not limited to, certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, software, names, designs, displays, video and audio, logos, product and program names, slogans, and the compilation, design, selection and arrangement of the foregoing (collectively, “Site Content”) is the property of the us, our licensors and other providers of such material and is protected in the U.S., Canada and internationally under trademark, copyright, patent, trade secret or other intellectual property or proprietary laws.
You agree not to download, display or use any Site Content for any purposes other than for your use of our Site and receipt of our services or goods, and shall not use the Site Content in connection with the products or services that are not ours in any manner that is likely to cause confusion among consumers, or which dilutes the strength of our, our licensors’ or our other providers’ property, or that otherwise infringes on our, our licensors’ or our other providers’ intellectual property rights. You further agree to in no other way misuse any Site Content or third-party content that appears on the Site.
If you print, copy, modify, download, frame, link, scrape or otherwise use or provide any other person with access to any part of the Site or use Site Content in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any Site Content is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site or Site Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please refer to the Section entitled “Intellectual Property Infringement Notification”.
ACCOUNT REGISTRATION
We reserve the right to withdraw or amend the Site, and any Site Content or other service or material we provide on the Site, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict your or other user’s access to all or some parts of the Site. You are responsible for making all arrangements necessary for you to have access to the Site and for ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
You may be asked to provide certain registration details or other information in order to create your own account to use certain Site services, to buy certain products on the Site, or to access the Site or its resources. All information you provide on the Site must be correct, current and complete, and you agree that all information you provide to register with the Site or otherwise, including, but not limited to, through the use of any interactive features on the Site will be correct, current, and complete and is governed by our Privacy Policy.
You are responsible for maintaining the confidentiality of your username, password or any other piece of information provided through use of or access to the Site and for restricting access to and disclosure of such information. You also acknowledge that your account is personal to you and agree to not provide any other person with access to the Site or portions of it using your username, password or other security information. You agree to accept responsibility for all activities that occur under your account, including, without limitation, unauthorized usage of your account, including in relation to purchases of product or otherwise. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
If you are under 18, you may use the Site only if your parent or guardian has read and agreed to these Terms. Alcohol listings on the Site, if any, are intended for adults, and you must be at least 21 years of age to purchase alcohol or use any Site functionality related to alcohol. We reserve the right to refuse service, terminate accounts, terminate your rights to use the Site or our services or goods, remove or edit content, or cancel orders in our sole and absolute discretion.
USE OF THE SITE
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site or any feature thereon: (a) for any purpose that is unlawful, tortious, intrusive on another’s privacy, harassing, exploiting, libelous, defamatory, obscene, or threatening; (b) to upload, post, reproduce, or distribute any content, information, software, or other material that infringes on the intellectual property rights or other rights of any third party; (c) for any commercial purpose not expressly approved by us in writing; (d) in any way that violates any applicable federal, provincial, state, local or international laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the Canada or other countries; (e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the user content standards set out in Section 5; (f) to engage in any other conduct that disables, overburdens, damages, impairs, restricts or inhibits any user’s use or enjoyment of the Site, including a user’s ability to engage in real time activities through the Site, or which, as determined by us, may harm us or users of the Site, or expose us or them to liability; (h) to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (i) to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; (j) to attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (k) to otherwise attempt to interfere with the proper working of the Site.
We have the right to disable any username, password or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
PRICING AND PRODUCT PURCHASES
Pricing for items sold on the site cannot be confirmed until you check-out. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by the Company is higher than our stated price, the Company will, at its discretion, either contact you for instructions before shipping, or cancel your order and notify you of such order cancellation. We reserve the right to limit quantities of specific products.
Deliveries
For all purchases from the Site, the risk of loss or damage and title for your purchase pass to you upon our delivery of such purchase to the carrier. If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door.
You are responsible for inspecting all items received to determine freshness, and for any damage or other issues immediately upon delivery. You should always inspect your delivery to confirm that items that are perishable arrive refrigerator cold. Items will typically remain cold and fresh for several hours but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your items prior to consumption. In the unlikely event that such temperature zone is warm, or you have any other reason to believe that any items are not suitable for consumption, contact us at care@wildfork.ca (attaching photos of the item(s)), and do not consume the items. To maintain the quality and integrity, you must immediately refrigerate all perishable items upon delivery and follow food safe instructions on refrigeration and food safety. From the time of delivery, the condition and consumption of the items are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption following delivery. We also recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver as soon as reasonably possible. In the event of a courier delay, please inspect the contents carefully and email us at care@wildfork.ca immediately with any concerns (attaching photos for review). In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your items is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery. Please note, delivery instructions are not viewed by the driver/carrier until at or near the time of your delivery. Instructions requiring a specific drop-off time or window, advance notice (e.g., phone call prior to delivery), or the like may not be met.
In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow all recommendations on food consumption for at-risk groups.
In certain areas, you may be able to provide additional delivery instructions when setting up your account, such as requesting that your delivery be left with a doorman or neighbour. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
No resale
All items are for personal use and consumption; you are not permitted to resell or otherwise use items for resale or commercial purposes.
Refunds
Items may include perishable products, which may not be returned as they cannot be restocked or resold.
Due to the perishable nature of the items, we cannot guarantee the condition of the delivery if the address is incorrectly entered, if a change of address isn’t updated prior to the ship date, if an address is altered while in transit, or if you are unable to retrieve the order on the guaranteed delivery date and did not notify us prior to the ship date.
When placing your order, you must enter your shipping address carefully to ensure accuracy and review your receipt/account for any errors. If you enter the shipping address incorrectly or move, please email care@wildfork.ca immediately for correction or correct it via your account.
If your order is returned to us because of an incorrect address provided or refusal of delivery when shipped according to info you provided, we must dispose of the contents and you may not be refunded. In the event an order is delivered late due to an incorrect address or if you are unable to retrieve on the delivery date without prior notification and thawing/damage occurs, you may not be refunded. Please reach out to us as soon as you identify an issue, so we can review your claim and determine how we may handle the matter, which shall be in our sole discretion. For further information on our return policy please visit https://www.wildfork.ca/en-CA/return-policy/.
Courier Damage: Unfortunately delays or damage can occur once the package is in transit via the courier due to events that are out of our control (such as inclement weather, accidents, etc.). In the event of damage caused by improper handling or late delivery, we can file a claim and replace the shipment. Please promptly email us at care@wildfork.cawith a description of the damage. Claim filing is time sensitive and photos of the order in the state it was received may be required in order to show proof of damage. Filing a claim does not guarantee a refund, but we will review your claim and determine how we may handle the matter, which shall be in our sole discretion.
Non-Courier Issues: In the event of non-courier damage, we ask that you promptly email at care@wildfork.ca with a description of the damage. Upon request, you may be required to provide evidence (e.g., a photo(s)) of the state in which the order was received. We will review the matter and any reported issues and offer an appropriate resolution which may include replacement of the items in question, credit towards your next order, or a partial/full refund.
If you are not completely satisfied, please contact at care@wildfork.caWe will review with you your order and any reported issues and will endeavour to offer a replacement of the items in question or a partial/full refund if we determine appropriate. Since we are not able to physically access the items, we may ask that you provide photos of the item’s label and damage reported.
USER CONTENT
You may be able to post, submit, publish, display or transmit to other users or persons content or other materials (“User Content”) on certain areas of the Site. User Content must in its entirety comply with all applicable federal, provincial state, local and international laws and regulations. Without limiting the foregoing, by using the Site and the features thereon, you agree that you will not post any User Content that: (a) is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, infringing, pornographic, or violent; (b) infringes or violates the rights of any third party; or (c) contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Site. Furthermore, you agree that you will not impersonate any person or organization, or misrepresent an affiliation with another person of organization upon posting your User Content.
Any User Content you post to the Site will be considered non-confidential and non-proprietary. By displaying, publishing, transmitting or otherwise posting any User Content on or through the Site, you hereby grant to us, our service providers, and each of our and their respective licensees, successors and assigns, a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free right to use, modify, publicly display, reproduce, distribute and otherwise disclose such User Content in any and all media now known or hereinafter developed. This license includes the right to host, index, cache, distribute, and tag any User Content. You represent and warrant that you own and control the User Content submitted, displayed, published, transmitted or otherwise posted by you on the Site and otherwise have the right to grant the license set forth herein. By posting your User Content, you represent and warrant that your User Content is yours and does not infringe on a third party’s intellectual property rights and that all of your User Content does and will comply at all times with these Terms. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.
We have the right to: (d) remove or refuse to post any User Content for any or no reason in our sole discretion; (e) take any action with respect to any User Content that we deem necessary or appropriate, in our sole discretion, including if we believe that such User Content violates the Terms or violates a third party’s intellectual property rights; (f) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; (g) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms; and (h) respond to User Content posted by providing transaction details (without providing any financial information), in order to respond to comments posted that are deemed inaccurate or unfair to our Site, services or goods provided.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSORS, LICENSEES, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability or responsibility for any action or inaction regarding transmissions, communications, or content provided by any user or third party and for the performance or nonperformance of the activities described in this section.
INDEMNIFICATION
You agree to indemnify, defend and hold us, our affiliates, parents, subsidiaries, suppliers, contractors, licensors, licensees and service providers and each of our and their officers, employees, directors, licensors, agents, representatives, successors and assigns harmless from any claims, damages, liabilities, losses, judgments, awards, costs and expenses, including reasonable attorneys’ fees and costs (on a solicitor client, full indemnification basis), arising out of or relating to: (a) your violation of these Terms; (b) your use of the Site, including your User Content, and any use of the Site content, services and products other than as expressly authorized in these Terms; and (c) any feedback you provide, and any user content you create, post, share or store on or through the Site or our pages or feeds on third party social media platforms.
DISCLAIMER OF WARRANTIES
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
We do not endorse, verify, evaluate or guarantee any information provided by users, and the posting of User Content shall not be considered as an endorsement, verification or guarantee of such content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by us without our prior review and written approval.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND FOR VERIFYING THE SUITABILITY OF ALL PRODUCTS AND THEIR PRODUCTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT PRODUCTS ARE PACKAGED AND STORED IN FACILITIES THAT MAY HANDLE FOODS WITH ALLERGENS (INCLUDING, BUT NOT LIMITED TO, MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREE NUTS) AND WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. WE ATTEMPT TO DISPLAY PRODUCT PRICING, DESCRIPTIONS, INGREDIENT LISTS, AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, OUR SERVICES, THEIR CONTENTS, AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTY, CONDITION OR REPRESENTATION: (A) WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR ITEMS AVAILABLE FROM THE SITE; (B) THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; (C) THAT DEFECTS WILL BE CORRECTED; (D) THAT OUR SITE, THE SERVER THAT MAKES IT AVAILABLE, OR ANY SERVICES, INFORMATION CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH US, THE SITE, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS WE HEREBY EXPRESSLY, AND, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE.
WE WILL NOT BE LIABLE FOR ANY DELAY IN DELIVERY OR LOSS OF ITEMS ORDERED VIA THE SITE, NOR LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT OR USER CONTENT, MATERIALS, FOOD OR OTHER PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE OR THE SITE. UNDER NO CIRCUMSTANCES, SHALL WE, OUR AFFILIATES, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, DEATH, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE OR PURCHASE OF FOOD OR OTHER PRODUCTS, NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE'S RECORDS, PROGRAMS, OR SERVICES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF SERVICES OR ITEMS PURCHASED EXCEED THE AMOUNT PAID FOR SUCH SERVICES OR PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF PRODUCTS, OR ACCESS OR USE OF THE SERVICES OR CONTENT, EXCEED THE GREATER OF $50 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE OUR SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS SHALL BE APPLIED TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION AND MAY NOT APPLY TO YOU ENTIRELY OR AT ALL.
THIRD PARTY WEBSITES
The Site may hyperlink to sites not maintained by or related to us. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with the Site or us, and we make no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit on a third-party site accessible from the Site is subject to the terms of that site’s privacy policy, and we have no control over how your information is collected, used, or otherwise handled. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
COUPONS, SPECIAL PROMOTIONS, SWEEPSTAKES, CONTESTS, GAMES, FEATURES
The Site may contain coupons, special promotions, sweepstakes, contests, games, or other promotional features or functionality (collectively, “Promotions”). Promotions offered may be subject to special terms and conditions, such as eligibility requirements, entry deadlines, or other rules and restrictions (“Special Terms and Conditions”) and limited to participating locations. Any Special Terms and Conditions for a Promotion will be posted at the applicable store locations and/or provided in a link on the web page featuring the Promotion. The Special Terms and Conditions may supplement and/or amend these Terms and are hereby incorporated by reference into these Terms. Special Terms and Conditions for a coupon will be printed on the coupon.
ELectronic communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. As detailed further in our Privacy Policy, you agree that in receiving goods or services, we will communicate with you by e-mail or text. By using the Site and enrolling into the service or ordering goods, you agree that any interactions are solicited by you as a user and enrolled party to the email or text or other addresses provided, and that you consent to receive commercial electronic communications from us electronically in email or text or other electronic format for such period as you are using the Site and receiving goods or services. As such, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication are with your express consent, at your express request, and satisfy any requirement that services, or interactions be made in writing.
INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATION
We are committed to complying with Canadian intellectual property laws and to responding to claims of copyright, trademark or patent infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions as set forth herein. Notifications of claimed intellectual property infringement should be sent to our Designated Agent (as identified below). Notifications must be submitted to the following Designated Agent in the manner described below:
Designated Agent: Corporation Service CompanyBy Mail: 1560 Broadway, Suite 2090
Denver, CO 8020
You must provide all of the following information when providing notice of the claimed intellectual property infringement:
State the claimant’s name and address and any other information required to communicate with them;
Identification of the intellectual property claimed to have been infringed;
Statement of the claimant’s interest or right with respect to the copyright in the allegedly infringing material;
Specify the location data (e.g., the web address or Internet address) associated with the claimed infringement;
Specify the infringement that is claimed; and
Specify the date and time of the commission of the claimed infringement.
You should be aware that claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
ARBITRATION
In our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration applying Alberta law. These provisions may be cited in order to stay or expunge any proceeding commenced contrary to these provisions.
GEOGRAPHIC RESTRICTIONS
We provide the Site for use only by persons located in Canada. We make no claims that the Site or any of its content is accessible or appropriate outside of Canada. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside Canada, you do so on your own initiative and are responsible for compliance with local laws. You hereby agree to indemnify, defend and hold harmless us from any and all claims, damages, suits, losses or otherwise arising out of your violation of this Section.
MISCELLANEOUS
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of use and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and us and are accepted by you upon your use of the Site. These Terms, together with all terms incorporated herein by reference, constitute the entire agreement between you and us regarding the use of the Site. By using the Site, you represent that you are of legal age to be capable of entering into a binding agreement and that you agree to be bound by these Terms.
These Terms are governed by the laws of the province of Alberta, Canada, and are subject to all applicable federal, provisional state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms shall be governed by, and construed in accordance with, the laws of Alberta, Canada, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth herein and/or for entering any judgment on an arbitration award, shall take place in the Province of Alberta. By using the Site, and subject to the foregoing arbitration provisions, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Alberta. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Alberta, for any legal proceeding arising out of or relating to your use of this Site or any purchase of goods or services. These Terms operate to the fullest extent permissible by law. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, PRODUCTS, SERVICES, THESE TERMS, AND/OR THE SUBMISSION OF AND/OR OUR USE OR DISTRIBUTION OF CONTENT, INCLUDING USER CONTENT, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE OR PRODUCTS OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Except for your obligations to make payment hereunder, neither party will be deemed to be in breach of this Agreement, or be entitled to damages or credits pursuant to this Agreement, for any failure or delay in performance caused by reasons beyond its reasonable control, caused by the other party or by an act of God, war, pandemic, lockdowns, health restrictions, civil disturbance, court order, labour dispute, or other cause beyond its reasonable control, including without limitation failures or fluctuations in power, heat, light, air conditioning or telecommunications equipment.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records executed and maintained in the original form in which they were generated. It is the express will of the parties that this Agreement and all related documents have been drawn up in English.
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: jbs.compliance@jbssa.com.