Terms & Conditions

The website www.hebertgrainventures.com (the “Website”) is owned and operated by Hebert Grain Ventures (“HGV “we” or “us”), a registered Saskatchewan partnership.

The Website is an informational platform providing details about the different aspects of HGV’s business, including our farm cropping operation, consulting business, speaking engagements and sales of clothing and other merchandise. We are a progressive agriculture enterprise with a mission to advocate for the betterment of agriculture and maintain the integrity and success of our operation for future generations.

This document (the “Terms of Use”) governs your use of the Website (“you” or “Users”), as well as the products, information, and services provided by HGV through the Website (the “Services”).

The Terms of Use form a binding legal agreement between you and HGV in relation to your use of the Website and the Services.

By accessing any part of the Website you agree to be bound by these Terms of Use. You are also confirming that you have read and understood the Terms of Use.

If you do not agree to or understand all the provisions, terms and conditions set out below, then you may not access the Website or use any of our Services.

1. About our Services and our Liability.
   HGV is a progressive agriculture enterprise dedicated to practicing and promoting excellence in farming. Our 11,000 acre farm cropping operation is based in Fairlight Saskatchewan. Through our Website users can learn more about our farm operations, consulting business and speaking engagements, send comments, sign up to our newsletter, access third party products and services, and purchase clothing and other merchandise.Apart from facilitating you with access to the Website, HGV has no other role apart from providing and forwarding occasional educational information which has been prepared by HGV.
2. Compliance with Laws.
   You represent and warrant that: (i) your use of the Services will not infringe or misappropriate the confidentiality or intellectual property rights of HGV, any User or third-party; and (iv) your use of the Services will comply with all local, provincial and federal laws, rules and regulations, and these Terms of Use.
   
3. User Conduct.
   You may not use the Website in any manner that could damage, disable, overburden or impair our servers or network, or interfere with any other party’s use and enjoyment of the Website or the Services. You may not attempt to gain unauthorized access to the Services or computer systems or networks through hacking, password mining or any other means. In addition to our rights pursuant to the Agreement, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce this Agreement.
4. Online Shopping Terms and Conditions
   All orders and purchases made through the Website are subject to the following.You agree to pay for all charges noted herein as payable by you.  All prices listed are in Canadian dollars and all charges will be processed in Canadian dollars.While we do our best to ensure our prices are correct, we may correct errors or inaccuracies and change or update information on the Website at any time without notice, including in respect of pricing and availability of items.You may only purchase or order items for non-commercial and lawful purposes and any other use is not permitted. You must be 18 years of age or older to purchase from the website. HGV reserves the right to limit the quantities of items which you or any group can purchase, to reject, correct, cancel or refuse orders, and to cancel accounts if HGV believes that User conduct contravenes applicable law or is harmful to HGV’s interests, suppliers or licensees.We will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, HGV will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, HGV will notify you as soon as possible.We use PayPal as our payment service provider and are subject to their terms of use and policies which can be accessed here: https://www.paypal.com/ca/webapps/mpp/ua/legalhub-full.
5. HGV may monitor interactions.
   At our discretion, we, or technology we employ, may monitor and/or record all interactions with the Services and Website. Further information is available in our Privacy Policy.
6. Intellectual Property Infringement.
   We respect others’ intellectual property rights and we require Users to do the same. We may terminate a User’s access to the Website if we determine that a User infringes on others’ copyrights or other intellectual property rights.HGV retains ownership of all intellectual property rights of any kind related to the Website and Services, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Services may be the trademarks of Users and third parties. The Agreement does not transfer to Users any intellectual property whatsoever, and all right, title and interest in and to such property will remain solely with the original owner.
7. Email Communications.
   We use email and other electronic means to stay in touch with Users. For contractual purposes, you (i) consent to receive communications from HGV in electronic formats, including via the email address you have submitted or via the Website; and (ii) agree that the Terms of Use, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing and physically presented to you.
8. Links.
   The Website may contain links to third-party websites or resources. You acknowledge and agree that HGV is not responsible for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HGV of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
9. Privacy.
   For information about how we collect, use and share your information, please review our Privacy Policy [insert hyperlink]. You agree that by using the Website you consent to the collection, use and sharing (as set forth in the Privacy Policy) of such information.
10. Termination.
    HGV may terminate Users’ access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately for any reason deemed appropriate in our sole discretion.
11. Disclaimer of Warranties.
    HGV provides the Website and the Services “as is,” without warranty of any kind. To the maximum extent permitted by law, HGV expressly disclaims all warranties, whether express, implied or statutory, with respect to the Website and the Services including, without limitation, any warranties of merchantability, of satisfactory quality, reliability, fitness for a particular purpose, title, security, accuracy and non-infringement.HGV makes no representations or warranties to Users that the information provided directly or through the Website is effective, accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location; that the Services will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Services is free of viruses or other harmful components. Users assume full responsibility and risk of loss resulting from any use of the Website or the Services.
12. Release and Indemnification.
    By using the website and/or the services, users agree to limit their legal remedies to claims against each other or any third parties, excluding HGV, who have caused users harm.to the maximum extent permitted by law, users agree to indemnify and hold harmless HGV, their affiliates, partners and their directors, officers, employees and agents from and against any and all claims, losses, damages, costs and expenses, including legal fees and disbursements, incurred by HGV arising out of users’ use of the website and the services, including but not limited to users’ violations of any term of these terms of use. Users shall grant HGV a release from any and all claims, causes of action, demands and damages (actual and consequential) of every kind and nature whatsoever, known and unknown, arising out of or in any way connected with their use of the website or the services.
13. Limitation of Liability.
    HGV, its affiliates, partners or their respective directors, officers, employees or agents will not be liable for any damages or losses arising from your use of the website or arising under the terms of use. To the maximum extent permitted by applicable law, in no event will HGV be liable to you for any loss of profits, interruption to business, harm to reputation, use of data, or for any incidental, direct, indirect, special, consequential or exemplary damages, however arising, that result from (i) your use or inability to use the services or website; (ii) the services generally or the software or systems that make the services available via the website; (iii) any defect, error or failure to perform with respect to HGV, the website or the services; or (iv) any interactions with other users, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not HGV has been informed of the possibility of such damage, and even if a remedy set forth in these terms of use is found to have failed of its essential purpose. HGV will have no liability for any failure or delay due to matters beyond our reasonable control, including the failure of any integrated or ancillary third-party service used in conjunction with the services.
14. Modification of Terms of Use.
    HGV reserves the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. Upon any changes in these Terms of Use, we will post the amended Terms of Use on the Website. Users are expected to periodically check the Terms of Use for any amendments, but we will take reasonable steps to notify Users of significant material changes. Your continued use of the Website and/or the Services following such changes shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following any modifications made hereto, then you are required to immediately cease your use the Website or Services.
15. Age of Consent.
    By using the Website, you represent that you are at least the age of majority in your province or state of residence, or that you are the age of majority in your province or state of residence and you have given us your consent to allow any of your minor dependents to use the Website.
16. Governing Law.
    The Terms of Use and any access to or use of the Website or the Services shall be governed by, and construed in accordance with, the laws in force in the Province of Saskatchewan.
17. Arbitration.
    If any claim, dispute or controversy occurs between a User and HGV relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the parties or, in the absence of an agreement, such arbitrator shall be appointed by a justice of the Court of Queen’s Bench of Saskatchewan upon the application of any of the parties. The arbitration shall proceed in accordance with the provisions of the The Arbitration Act, 1992, SS 1992, or any successor legislation. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding.
18. Severability.
    If any portion or provision of these Terms of Use shall to any extent be declared illegal or unenforceable at law, then the remainder of these Terms of Use, shall not be affected thereby, and each portion and provision of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law.
19. Assignment by HGV / No Assignment by Users.
    HGV may assign or delegate the Terms of Use and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you. Users may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy, without HGV’s prior written consent, and any unauthorized assignment and delegation is void.
20. Headings and Summaries.
    The headings, captions and summaries in these Terms of Use are for convenience only and in no way define or describe the scope or content of any provision of the Terms of Use.
21. No Waiver of Covenants.
    Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in the Terms of Use or to exercise any election shall not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing.
22. Entire Agreement.
    The Terms of Use, in combination with all policies and guidelines related thereto (including the Privacy Policy), incorporated by reference, constitute the entire agreement between you and HGV and supersede all prior communications, agreements and understandings.

You acknowledge that you fully understand these Terms of Use and will be bound by these Terms of Use.