General Provision
Farm And Market Trail. (“F&MT” or “We”) provides the website located at (www.farmandmarkettrail.com) (the “Website). By accessing or using the Website, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”) whether or not you are a subscriber to the Website.
You are only authorized to use the Website providing that you abide by the Terms of Use and all applicable laws. We reserve the right, at our sole discretion to amend, modify, add or delete portions of these Terms of Use at any time without any further notice. If We do this, we will post the changes to the Terms of Use on the Website. Your continued use of the Website after any such changes constitute your acceptance of these revised Terms of Use.
If you do not comply with this Agreement at any time, We reserve the right to terminate your access to the website (or any part thereof) and/or your registered account.
Grant of Right to Use the Site
Provided that you are eligible for use of this Website and subject to these Terms of Use, F&MT grants you a limited, non-exclusive, non-transferable license to access the materials on the Website and to download or print a copy of the written materials solely for your own personal use.
Materials Property of Farm And Market Trail and its Authors
All content on the Website, including, but not limited to text, graphics, pictures, designs, information, applications, software, audio or video files and their presentation on the Website are the proprietary property of F&MT or its Authors unless otherwise specified. None of this content may be modified, copied, distributed, framed, reproduced, downloaded, displayed, transmitted, or posted in any form, or by any means without the express consent of F&MT and the Author who created the content.
F&MT further reserves all rights in it’s trade name “Farm And Market Trail”, trademarks, service marks and logo’s and the name, marks, and logo may not be reprinted, distributed or displayed without F&MT’s express written permission.
Any use of Website content without the express permission of F&MT and/or its Authors is strictly prohibited and may result in you being liable to F&MT and/or its Authors for damages should F&MT and/or its Authors become aware that you have used any of the Website content in an unauthorized manner; or that such use has infringed F&MT’s, an Author’s, or any third party’s proprietary rights. You hereby indemnify F&MT against any claims, costs or damages incurred as a result on your breach of these Terms of Use or your unauthorized use of content from the Website.
Disclaimer/Limitation of Liability
You agree to use this Website at your own risk, and all materials on the Website are provided “as is” and F&MT makes no representations or warranties, either expressed or implied with regards to the Website, the Website content, the merchantability and fitness of use of the website for a particular purpose.
All data and information provided at www.farmandmarkettrail.com is for informational purposes only. F&MT makes no representations as to the accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.
The opinions expressed by the authors and those providing comments are theirs alone, and do not necessarily reflect the opinions of F&MT or F&MT staff . Conversely, the opinions expressed by F&MT staff and those providing comments are also theirs alone, and do not necessarily reflect the opinions of our Authors.
None of F&MT’s directors, officers, employees, agents or representatives shall be liable for any damages arising out of, or in the connection with the use of the Website.
Responsibility for Your Postings and Grant of Right to F&MT
You are responsible for any content (including, but not limited to text, photos and video) that you upload and post on the Website. You may only upload and post content which you create or content in which you have all of the necessary rights to post and hereby warrant that all of your postings fulfill these requirements. You additionally warrant that you shall not post content which defames, abuses, harasses, threatens, or violates the rights of others; or post content which is infringing, profane, defamatory, obscene, indecent, fraudulent, harmful or unlawful. As such you agree to defend, indemnify and hold F&MT and each of our directors, officers, employees, contractors and agents, harmless from and against any claims, loss, damages, demands, costs and expenses arising out of or in connection with any of your postings.
By uploading and posting content on the Website, you hereby grant F&MT a non-exclusive, perpetual and fully paid-up right to use, modify, edit, copy, reproduce, publicly display and perform, translate, communicate and distribute your content in any form and/or by any media. You retain all applicable ownership and copyright in the content of your posting, but you hereby waive, in favour of F&MT, any moral rights in this content in connection with your granted right to F&MT.
It is understood and accepted that F&MT has no obligation to publicly display any content that you upload and desire to post on the Website.
Responsibility for Your Links to Third Party Websites
You warrant and agree not to upload and post a link to a third party website which contains any content which is infringing, profane, defamatory, obscene, indecent, fraudulent, unlawful, or may expose F&MT or any of its users to any damage or harm. As such you agree to defend, indemnify and hold F&MT and each of our directors, officers, employees, contractors and agents, harmless from and against any claims, loss, damages, demands, costs and expenses arising out of or in connection with any links that you have uploaded and posted on the Website.
Termination of Access to Website and User Account
If you do not comply with these Terms at Use at any time, F&MT reserves the right to terminate your access to the Website and/or your registered subscriber account. You agree that such termination may be effected without prior notice.
Privacy of Your Personal Information
F&MT collects and uses your personal information collected by F&MT in accordance with F&MT’s Privacy Policy which is available by clicking here. The acceptance of this Agreement indicates your consent to the collection and use of your personal information by F&MT in accordance with the Privacy Policy. F&MT reserves the right, at our sole discretion to amend, modify, add or delete provisions of the Privacy Policy at any time without any notice to you. If We do this, we will post such changes to the Privacy Policy which is accessible to you on the Website. Your acceptance of this Agreement and continued use of this Website after such changes constitute acceptance of the revised Privacy Policy.
Governing Law
F&MT operates and controls this Website from British Columbia, Canada. This Website can be accessed by all provinces and territories of Canada, all states and territories of the United States of America and all other countries around the world. Although each of these territories have laws that may differ from the Province of British Columbia, Canada, you agree by accessing this Website that all matters relating to the access and use of the Website shall be governed by the laws of the province of British Columbia and the federal laws of Canada. You therefore agree to the applicable courts of British Columbia and Canada having legal jurisdiction. You also agree that you are fully responsible for complying with all of your local laws.
Severability of Terms
If any provision of these Terms of Use shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other Terms of Use and shall have no affect on the validity of these remaining Terms.
Non-Waiver of Rights
The failure of either party to insist or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any rights found herein, will not be construed as a waiver or diminishment of such party’s right to assert or rely upon any such provision or right in any other instance, and same will remain in full force and effect.