TERMS OF USE

Welcome to the a2 Milk™ Canada website (the “Site”). Meadowfresh Dairy Corporation (“Meadowfresh”, “we” or “us”), as the exclusive Canadian licensee of a2 Milk™, provides this Site for information purposes only. The Site is not intended to provide any medical or other professional advice or information, and should not be relied on in that respect. These terms of use (“Terms of Use”) govern your access and use of the Site. If you have not done so, please take some time to familiarize yourself with these provisions.

Your Acceptance of these Terms of Use

These Terms of Use are a binding agreement between you and Meadowfresh regarding your access to and use of the Site. Your access and continued use of the Site constitutes your acceptance of these Terms of Use. You may not use the Site if you do not accept and agree to these Terms of Use or if you have breached these Terms of Use.

Use of the Site

The Site may be used only by individuals who are the age of majority in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. By using the Site, you represent and warrant to Meadowfresh that you have all the rights and entitlement in your jurisdiction to do so, and that you are not violating any applicable laws, regulations, policies or other restrictions in doing so.

Subject to these Terms of Use and all applicable laws, you may use the Site only for your lawful, personal use for non-commercial purposes and in the manner purposely made available by the Site. You may display, download or print the information (whether in text, image, audio or video form) displayed on the Site (the “Information”) for your own personal use provided that you do not delete or change any copyright, trade-mark or other proprietary notices. You agree not to use, reuse, repost, distribute, modify, or transmit any Information for any commercial purpose or for public use unless you first obtain Meadowfresh’s prior written consent. If you use materials on this Site for any other purpose or if you modify them, you will be violating the intellectual property rights of Meadowfresh and its licensors.

You will not(a) use the Site in any manner or for any purpose except as expressly permitted by these Terms of Use; (b) use the Site for a commercial or business purpose (whether or not for profit) or on behalf of, or for the benefit of, any other person; (c) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Site or attempt to access or use the Site by any means that is not purposely made available for that purpose by Meadowfresh; (d) use the Site in a way that interferes with or disrupts the security, integrity or functionality of the Site; (e) collect or mine data from the Site for any purpose whatsoever; (f) alter, violate, circumvent, conceal, modify or remove any notices (including proprietary rights notices), technological protection measures, security or control measures, or agreements on, in or in relation to the Site; or (g) authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Site in a way that would constitute an infringement of the rights of Meadowfresh or a breach of these Terms of Use if it were done by you. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.

Information About Nutrition and Wellness

The Site is for informational and educational purposes only. The Information (including information about nutrition and wellness) is not intended to be a substitute for medical, nutritional or other professional advice. It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting based the Information.

Meadowfresh cannot and does not guarantee the quality, accuracy, completeness or timeliness of the Information provided. The Information may contain technical inaccuracies or typographical errors and the Information may be changed or updated without notice.

Linked Websites

For your convenience, the Site may provide links or references to other websites or resources operated by independent persons. Those other websites are independent from Meadowfresh and Meadowfresh  makes no representations or warranties whatsoever about any other website that may be accessed through, or as a result of, the Information or the Site. In addition, a link to another website does not mean Meadowfresh endorses or accepts any responsibility for the content, or the use, of such website.

Personal Information Privacy

By using the Site, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Meadowfresh as explained in the Meadowfresh Privacy Policy (available online: https://www.meadowfresh.ca/index.php.)

Disclaimer of Warranties and Limitation of Liability

THE FOLLOWING IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY! Meadowfresh provides this Site “as is” and without any representation, warranty or condition, express, implied or statutory. In particular, and without limiting the generality of the foregoing, Meadowfresh does not represent or warrant that: (a) the Site is free of viruses or any other disabling devices, code or programs; (b) any defects in the Site or Information will be corrected; or (c) successful results will come from following any nutritional program or any suggested diet.

We specifically disclaim any implied representation, warranties of title, merchantability, merchantable quality, fitness for a particular purpose and non-infringement, and those arising by law or through a course of dealing or usage of trade. Use of the Site is solely at your own risk. Meadowfresh Group will not be liable for any damages that arise from the use of this Site. In no event will Meadowfresh Group be liable to any party for any direct, indirect, exemplary, incidental, punitive, special or any other damages arising out of the use of the Site, the Information or any hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your computer system, personal injury or other pecuniary loss, even if Meadowfresh is expressly advised of the possibility of such damages. By using the Site, you agree to release Meadowfresh Group from any and all injuries or damages resulting from your use of the Site.

In these Terms of Use, “Meadowfresh Group” means Meadowfresh and all its affiliates and licensors (and each of their officials, employees, officers, directors and agents).

Revisions and Entire Agreement

Meadowfresh may revise these Terms of Use at any time by posting the changed Terms of Use on the Site and without notice to you. These Terms of Use set forth the entire understanding and agreement between you and Meadowfresh with respect to your operation and use of the Site. By using the Site after these Terms of Use have changed, you signify your unconditional acceptance and agreement to be bound by the changed terms of use.

Changes; Availability of the Site

Meadowfresh may in its discretion change, suspend or terminate the Site effective immediately at any time and without notice to you. The Site may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond our control, all without notice or liability to you or any other person.

Governing Law, Disputes and Severability

The Site, your use of the Site and these Terms of Use are governed by the laws of British Columbia (without applying any conflicts of law principles). Any controversy, dispute or claim arising out of the Site, your use of the Site or these Terms of Use (each a “Dispute”) shall be heard in the courts of Vancouver, British Columbia, and you and Meadowfresh each hereby attorn to the original and exclusive jurisdiction of those courts regarding a Dispute. Notwithstanding the foregoing, Meadowfresh may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use or to protect our rights and interests. You will commence legal proceedings regarding a Dispute within 12 months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected.

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Copyright and Trade-mark Information

The trade-marks and logos posted on the Site are trade-marks are owned or used under license by Meadowfresh. Except as expressly permitted in these Terms of Use, you are prohibited from using any of the trade-marks, trade-names, logos, or any other material contained on the Site.

Copyright © 2020. All Rights Reserved. The Site and the technologies and data used to operate the Site and all related proprietary rights (including copyright) are owned solely by Meadowfresh and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Site or any related technologies and data. Please note that the Site may contain other proprietary notices and copyright information that must be observed.

General Matters

These Terms of Use are binding on you and your heirs, executors, administrators, successors and personal representatives. These Terms of Use are for the benefit of Meadowfresh Group. No consent or waiver by Meadowfresh to or of any breach of these Terms of Use by you will be effective unless in writing and signed by Meadowfresh or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of Meadowfresh Group under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Meadowfresh Group may be lawfully entitled under these Terms of Use or at law, and Meadowfresh Group may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use of Use without the express prior written consent of Meadowfresh, which consent may be withheld in Meadowfresh’s discretion. Meadowfresh may, without your consent, assign our rights and obligations under these Terms of Use of Use.