Terms of Use

Welcome to FarmZilla Connect!
The FarmZilla Connect desktop application and associated domain (collectively, the “Application”) are provided by Glacier FarmMedia Limited Partnership (“Glacier FarmMedia”, “we”, “us” or “our”) to registered Dealers (as described below) for use only in accordance with these terms and conditions (“Terms”). Glacier FarmMedia, hereby reserves copyright, and all other rights in the Application, which are not expressly set out in these Terms.

Only registered agricultural equipment dealers (“Dealers”), who have attained the age of majority in the jurisdiction in which they are resident, are authorized to use the Application. All Dealers must have a valid license issued by the governmental or regulatory body in the province, state or territory in which the Dealer operates, to sell new or used agricultural equipment (a “Dealer License”). By agreeing to these Terms and/or by using the Application, you represent and warrant to Glacier FarmMedia that (i) you are a Dealer, who has attained the age of majority, and who is in possession of a valid Dealer License, and (ii) you are legally authorized to purchase or sell (as appropriate) all vehicles and equipment that you are offering to purchase or sell through the use of the Application. Glacier FarmMedia reserves the right to request proof of a valid and subsisting Dealer License at any time.

Terms of Use
The party using the Application is referred to in these Terms as “you”, a “Dealer” or a “user”. If you are using the Application on behalf of a third party user such as a company, you personally represent and warrant to us that you have the full right and authority to bind the third party user to these Terms, and that these Terms are binding upon and enforceable against the third party user.

These Terms govern your use of the Application, and constitute a legal contract between you and Glacier FarmMedia. Please read them in their entirety because your use of the Application, other than to review these Terms, signifies your consent to be legally bound by and to comply with these Terms. If you do not agree with these Terms, you may not access or use the Application.

At any time without notice or liability, and for any reason whatsoever, we may change, suspend or terminate any aspect of these Terms or the Application. Please consult these Terms each time that you use the Application. Your continued use of the Application for 15 days or more following the posting of changes to these Terms will mean that you accept and agree to those changes.

Registration and Accounts
In order to access the Application, you must register by providing Glacier FarmMedia with your name, telephone number, e-mail address, postal code or zip code, and initial subscription fee. You warrant that the registration information that you supply to Glacier FarmMedia is accurate and complete, and you agree to ensure that the information will be kept current at all times while you are registered to use the Application.

Glacier FarmMedia may accept or reject registration requests at our discretion. If your request is accepted, we will establish a Dealer account for you. Dealer accounts may be accessed only through the use of a unique login name and password. The use of a password does not restrict access by Glacier FarmMedia to the password-protected information. 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. You acknowledge that the security and privacy provided by passwords is not absolute. Passwords should be non-obvious, hard-to-guess and confidential, and should be changed on a regular basis. It is recommended that you log-out at the end of each session if you wish to preserve the confidentiality of your account.

You are solely responsible for all use of your FarmZilla Connect account – even if you have not authorized it. You must contact us immediately if you suspect any unauthorized use of the Application or your FarmZilla Connect account. Glacier FarmMedia is under no obligation to verify the actual identity or authority of the user of any login name or password.

All accounts remain the property of Glacier FarmMedia, and may be cancelled or suspended by us at any time without notice or liability.

Subscription Fees / Payment
Upon registering, Dealers will pay an initial subscription fee as outlined in the fee schedule currently published by Glacier FarmMedia. The initial subscription fee includes the set up of a Dealer account and the first month of access to the Application. Thereafter, Dealers will pay the applicable monthly subscription fee, plus any applicable taxes, in advance by way of pre-authorized payment or credit card. Glacier FarmMedia reserves the right to increase subscription fees for the Application at any time; however, we will provide you with not less than 30 days’ prior notice of any fee increase.

Privacy
In connection with your use of the Application, you should not disclose any identifying information other than business contact information. “Business contact information” means any information that is used solely for the purpose of communicating or facilitating communication with an individual in relation to their employment, business or profession, such as the individual’s name, position name or title, work address, work telephone number, work fax number or work electronic address.

Should any personal information, defined as information about an identifiable individual which is not solely business contact information, be disclosed to Glacier FarmMedia, Glacier FarmMedia will only collect, use and disclose such information in accordance our privacy policy available at https://farmzillaconnect.com/privacy (“Privacy Policy”), which is hereby incorporated by reference. Through your use of the Application, you agree to the collection, storage and use of your personal information in accordance with the Privacy Policy. Note that the Privacy Policy does not apply to personal information that you disclose to Dealers and other third parties in connection with your use of the Application, and Glacier FarmMedia is not responsible for the collection, use or disclosure of your personal information by such persons.

The Application is a Venue Only
The Application serves as a venue to allow Dealers to list their inventories, and to offer, sell and purchase equipment and vehicles to or from other Dealers. Glacier FarmMedia is not a Dealer, and is not offering, buying or selling equipment or vehicles. Your communications, transactions and disputes with other Dealers are solely between you and the other Dealers, and not us, and we will have no liability in connection therewith. You acknowledge that Glacier FarmMedia has no control over the quality, safety, or legality of the items advertised, or the contents, truth or accuracy of any listings or other information provided by users, and their inclusion does not imply any warranties, representations, endorsements, approvals, verifications or investigations by us. Further, Glacier FarmMedia assumes no responsibility with respect to the ability of sellers to sell items or the ability of buyers to pay for items, and provides no assurance that a buyer and seller will actually complete a transaction.

You must use caution, common sense and good judgment when using the Application and interacting with other users. Because user identification is difficult, we cannot confirm any user’s purported identity. You acknowledge that there are risks involved in dealing with unknown persons, foreign nationals, underage persons, and persons acting under false pretences. By using the Application, you agree to accept such risks and to hold Glacier FarmMedia harmless from any resulting losses, costs or damages.

User Content and Conduct
All listings, advertisements, information, data, text, photographs, graphics, images, avatars, video, messages, ideas, reviews, opinions, questions, suggestions and other materials ("Content") that are posted, e-mailed, transmitted, uploaded or otherwise submitted through your use of the Application are submitted at your own risk and are your sole responsibility. You must not submit any Content is false or misleading. Any listings that you submit may only include text descriptions, graphics, pictures, documents and other Content that is relevant to the item being sought or offered for sale. Except as expressly permitted by law, Dealers must not post copyrighted or other legally protected materials without the consent of the owner of the rights.

You agree that you are responsible for your own conduct in connection with the use of the Application. Content submitted by others may be copied, displayed, reformatted and printed for your personal use only. If you are posting Content generated by or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms. You agree that you will use the Application, including Content, only for purposes for which they are intended, and in ways that are legal, proper and in accordance with these Terms, accepted Internet protocol, and applicable rules, policies and guidelines. Without limiting the generality of the foregoing, by using the Application, you agree not to:

• upload, post, distribute, e-mail or otherwise publish or make available any unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or to “hack” or “phish” us or other users;
• solicit or otherwise attempt to collect, discover, store or disseminate passwords, personally identifying information, or other private information from other users;
• compile user names, email addresses, addresses, phone numbers or URLs found on the Application for commercial purposes or otherwise;
• create usernames that are objectionable, including those that utilize typographical obfuscations;
• defame, abuse, threaten or otherwise violate the legal rights of others, including rights regarding privacy and publicity;
• download any file posted by someone else that you know, or should reasonably know, cannot be legally distributed;
• modify, retransmit, distribute, disseminate, display, sell, publish, broadcast or circulate any Content (other than your own) to any third party, or establish a link from any other site to the Application, without our prior consent;
• impersonate anyone else, or create user accounts by automated means or under false pretences;
• remove, alter or conceal any copyright, trademark or other proprietary rights notices from our materials, or from materials created by others, without prior permission;
• submit Content that falsely expresses or implies that it is approved or endorsed by us or others;
• upload, post, distribute, e-mail or otherwise publish or make available any Content, including listings, that you know to be inaccurate or misleading, or that is illegal, libelous, defamatory, obscene, harmful, vulgar, sexually explicit, threatening, tortuous, harassing, abusive, invasive of another user's privacy, hateful, racially or ethnically objectionable, or which promotes physical harm or injury against any person or group;
• upload, post, distribute, e-mail or otherwise publish or make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider information, and proprietary and confidential information learned or disclosed as part of an employment relationship or under a non-disclosure agreement);
• upload, post, distribute, e-mail or otherwise publish or make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, posting an unauthorized copy of another person’s copyrighted work; or
• upload, post, distribute, e-mail or otherwise publish or make available any material that contains software viruses or any other computer code, files or programs designed to interfere with, destroy or limit the functionality of the Application, any computer software or system, website, user account, telecommunications, or other equipment, or otherwise do anything that would undermine the functionality of the Application or hinder the ability of any other user to use it.

We may, but are under no obligation to, pre-screen or monitor any Content other than our own, or to review or log any activity or use of the Application. You consent to any such monitoring and logging that is necessary to satisfy any law, regulation, or government request, or to enhance operational efficiencies, to improve service levels, to assess client satisfaction, or to protect Glacier FarmMedia or its users from unwanted use of certain services or applications. We reserve the right, but do not assume the obligation, to remove listings and delete or block access to any capability or Content that we believe, in our sole discretion, to be objectionable, and/or to ban users who violate these Terms from using the Application. We also reserve the right to reveal users’ identities (or any other information that we may know about users, including IP address(es)) in the event of a complaint or legal action, including a request by law enforcement authorities.

You understand that by using the Application, you may be exposed to Content that is incomplete, inaccurate, high risk, unlawful, offensive, indecent or objectionable. Under no circumstances will Glacier FarmMedia be liable in any way for any loss, damage or injury (including, but not limited to, death or economic loss) related to, or arising from the use or loss of, any Content (whether yours, ours or someone else’s) including, but not limited to, as a result of any errors or omissions in any Content or in the Application.

Access and Interference
You agree that you will not use any spiders, robots, other automatic devices, or manual processes to monitor or copy the Application or any Content, or the use of the Application or any Content by any party, or for any other unauthorized purpose without our express prior written permission. You agree that you will not use any device, software or routine to interfere or to attempt to interfere with the proper working of the Application; to destroy, manipulate, remove, destroy or impair any portion of our website; or to disrupt our servers or network, nor will you do or cause to be done anything that imposes an unreasonable or disproportionately large load on our infrastructure.

License to User Content; Rights to Unsolicited Ideas
You, or a third party licensor, retain all intellectual property rights in any Content that you submit. By submitting Content, whether on your own behalf or on behalf of another party, you hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, disseminate, perform, transmit and display such Content (in whole or part) in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content, without compensation or obligation to you or any other party. You hereby waive all "moral rights" in and to any Content that you submit. The rights granted hereunder may be freely assigned or sub-licensed by us to any party. If you are not the owner of the Content that you submit, you warrant that the owner of the Content has expressly granted a similar license. There is no relationship of any type created, including without limitation any agency or fiduciary relationship, as between you and us, by virtue of the submission by you of any Content.

If you submit any unsolicited ideas, comments or other feedback to us regarding the Application and/or our Content, you agree that such ideas and comments (including all rights, title and interest therein) automatically become our property, and you forfeit all rights that you may have in such ideas or feedback.

Our Intellectual Property Rights
The Application, and any Content and other information and materials created or supplied by us, and the selection and arrangement thereof, are owned by us (or our third party licensors) and are protected by Canadian and worldwide copyright and other intellectual property laws and treaty provisions. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable license to use the Application and our Content solely for the purpose of viewing, storing, processing and downloading information for personal use. Except as expressly permitted in this Agreement, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, sublicense, commercialize, communicate, broadcast or otherwise make available the Application or any Content, or other information and materials obtained through or in connection with the use of the Application, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content.

“Glacier FarmMedia”, “FarmZilla”, “FarmZilla Connect” and other trademarks and design marks, trade dress, service names, logos and associated designs used in connection with the Application are trademarks and/or registered trademarks of Glacier FarmMedia Limited Partnership and/or its affiliates, licensors, or related companies, and may not be used, copied, or imitated, in whole or in part, without our prior written permission. All other product, brand and company names and logos used or mentioned in the Application, any listings or other Content accessed through the Application, may be the trademarks (registered or unregistered) of their respective owners. Except as expressly permitted by law, the use of any trademarks without the express written consent of the owner of the trademark is strictly prohibited.

Third Party Dealings & Disclaimer
The Application may contain hyperlinks to other web sites (“Linked Sites”) that have been developed by advertisers and other third parties, which are not under the control of Glacier FarmMedia. Glacier FarmMedia provides hyperlinks to the Linked Sites as a convenience only, and their inclusion does not imply warranties, representations, endorsements, approvals, verification or investigation by Glacier FarmMedia or its agents of the Linked Sites, or of any products or services offered on or through the Linked Sites. Further, Glacier FarmMedia is not responsible for the contents of the Linked Sites, and is not acting as a publisher or disseminator of information or materials contained on any Linked Site or any hyperlink contained on a Linked Site. In any transactions with third parties, Glacier FarmMedia is not the buyer, seller or provider, and your agreement to purchase or sell any products or services to or from a third party is between you and the third party, and not us. You acknowledge that the use of Linked Sites may be subject to terms and conditions contained on those Linked Sites, and you agree that you are solely responsible for the use of any Linked Site. Under no circumstances will Glacier FarmMedia be responsible or liable for any loss or damage of any kind incurred as a result of, or in connection with, any correspondence or business dealings by you with any third parties, including any buyers, sellers or advertisers found on or through the use of the Application, and including payment for and delivery of related goods and services.

Equipment
You are solely responsible for obtaining, maintaining and paying for all communications services, mobile devices, computer hardware, and other equipment and services required to access and use the Application and any Content accessed or obtained through your use of the Application. Use of the Application is at solely at your own risk. Glacier FarmMedia assumes no responsibility and shall not be liable for any damage to, or viruses that may infect your software, computer equipment (including mobile devices) or other property as a result of your access to, use, or browsing of the Application or associated websites, or from using or downloading any information, data, text, software, photographs, graphics, images, messages, ideas or other Content.

Indemnity

You agree to defend, indemnify and hold us, our affiliates and licensors, and each of our respective officers, partners, directors, employees and agents harmless, from and against any and all losses, costs and damages, including those arising in connection with any third party claims, resulting from or related to: (a) your breach of these Terms, including the Privacy Policy; (b) your access to, or use (or misuse) of the Application, and/or any resulting transactions; (c) your use, submission or transmission of any listings or other Content; (d) your use of or reliance upon, or publication, communication or distribution of any materials from any third party source, or (e) your violation of any other party’s rights including, without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality. You shall use your best efforts to cooperate with us in the defense of any claim made against us. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS: 
(A) DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT MAY BE OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTON, THERE MAY BE DELAYS, OMISSIONS, ERRORS AND/OR INACCURACIES IN THE CONTENT AND THE APPLICATION, FOR WHICH WE CANNOT BE LIABLE.

(B) THE APPLICATION IS PROVIDED TO YOU FOR YOUR PERSONAL USE IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE APPLICATION, INCLUDING ANY LINKS OR CONTENT, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION, THE CONTENT, AND ANY OTHER INFORMATION AND MATERIALS THAT WE MAKE AVAILABLE TO YOU OR THAT YOU ACCESS THROUGH YOUR USE OF THE APPLICATION, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(C) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (I) THE APPLICATION OR ANY CONTENT, WEBSITES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS, (II) THE USE OF THE APPLICATION OR ANY CONTENT, WEBSITES OR OTHER MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION OR ANY CONTENT WILL BE COMPLETE, ACCURATE, RELIABLE OR USEFUL, (IV) THE QUALITY OF ANY LISTINGS, EQUIPMENT, VEHICLES, SERVICES, PROGRAMS, INFORMATION, OR OTHER MATERIAL ACCESSED BY YOU THROUGH YOUR USE OF THE APPLICATION WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE APPLICATION, CONTENT (INCLUDING LISTINGS), ANY WEBSITES OR OTHER MATERIALS WILL BE CORRECTED.

(D) ANY TRANSACTIONS CONTEMPLATED, NEGOTIATED, ENTERED INTO OR ABANDONNED THROUGH THE USE OF THE APPLICATION ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS, HARM OR DAMAGE SUFFERED, INCLUDING (BUT NOT LIMITED TO) FRAUD, LOSS OF FUNDS, LOSS OF ASSETS, LOSS OR MISUSE OF DATA OR INFORMATION BY A THIRD PARTY, INJURY TO PERSONS OR PROPERTY, OR FAULTY, DANGEROUS OR UNUSABLE PRODUCTS OR SERVICES, THAT RESULT FROM ANY SUCH ACTUAL OR CONTEMPLATED TRANSACTIONS. A SELLING DEALER SHALL BE SOLELY RESPONSIBLE FOR WARRANTIES (IF ANY) REGARDING ANY EQUIPMENT, VEHICLES, AND OTHER GOODS OR SERVICES ACQUIRED FROM THAT SELLING DEALER THROUGH THE USE OF THE APPLICATION. LISTINGS PUBLISHED USING THE APPLICATION DO NOT CONVEY OR IMPLY ANY WARRANTIES, RECOMMENDATIONS, OR ENDORSEMENTS OF ANY DEALER, COMPANY, INDIVIDUAL, PRODUCT OR SERVICE BY GLACIER FARMMEDIA.

(E) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, THROUGH YOUR USE OF THE APPLICATION OR THROUGH OR FROM ANY WEBSITE OR PUBLICATION, SHALL CREATE ANY WARRANTY OR OTHER LIABILITY NOT EXPRESSLY STATED IN THESE TERMS. 


LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, YOUR ONLY REMEDY AGAINST US UNDER THESE TERMS AND FOR ANY LOSSES, COSTS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, IS TO DISCONTINUE USE OF THE APPLICATION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OF, OR THE INABILITY TO USE, THE APPLICATION, OUR SYSTEMS, ANY CONTENT, OR ANY MATERIALS, GOODS, SERVICES, OFFERINGS OR INFORMATION OBTAINED THROUGH THE USE OF THE APPLICATION; (II) ANY ERRORS OR OMISSIONS IN THE APPLICATION OR IN ANY CONTENT; (III) THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APPLICATION OR FAILURE OF OUR SYSTEMS; (V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR SYSTEMS OR YOUR TRANSMISSIONS, CONTENT, LISTINGS, DATA AND/OR PERSONAL OR FINANCIAL INFORMATION; (VII) STATEMENTS OR CONDUCT OF ANY OTHER DEALER OR THIRD PARTY USING THE APPLICATION; (VIII) ANY BUGS, VIRUSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH OUR APPLICATION BY ANY THIRD PARTY; OR (IX) ANY OTHER MATTER OR EVENT RELATING TO YOUR OR ANY OTHER PARTY’S USE OF THE APPLICATION.

YOU EXPRESSLY ACKNOWLEDGE THAT WE HAVE ENTERED INTO THIS AGREEMENT WITH YOU, AND HAVE AND WILL MAKE THE APPLICATION AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THE AGREEMENT BETWEEN YOU AND US. 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages and, accordingly, some or all of the above limitations may not apply to you. In such jurisdictions, you agree that our liability shall be limited to the greatest extent permitted by applicable law.

Termination
Glacier FarmMedia wishes to ensure that you are completely satisfied with the Application. You may terminate your use of the Application at any time, for any reason or for no reason, by cancelling your account. If you require assistance, please send us an email at [email protected].

In addition to any other termination rights that we may have, we reserve the right to modify, suspend, discontinue or terminate the Application or any party’s ability to use the Application, our materials or other Content, at any time and for any reason (or no reason), including any breach by you of these Terms.

Upon termination, you will have no further right to access or use the Application, and any rights, licenses and benefits granted to you under these Terms or in connection with your subscription to the Application, will terminate. We may, but will not be obliged to refund of any prepaid subscription fees. All requests will be considered on a case-by-case basis, and any refunds will be made at our sole discretion. Termination of your account will not relieve you of any obligations regarding the use and protection of intellectual property or confidential information, ownership, or indemnification nor will it relieve you of any liability for any breach of these Terms. Upon termination, we will have the right, but not the obligation to retain any Content or other information, which you have submitted.

Governing Law/Jurisdictional Issues
These Terms will be interpreted, construed and governed by the laws in force in the Province of Manitoba, and the federal laws of Canada applicable therein, without reference to its conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the courts of the Province of Manitoba sitting at Winnipeg, and to waive any objections based upon venue; provided, however, that Glacier FarmMedia shall have the right to obtain injunctive or other equitable relief in any court of competent jurisdiction in order to restrain or prevent loss or damage to its property or interests. The application of the UN Convention on Contracts for the International Sale of Goods (the “Vienna Convention”) is hereby expressly excluded.

International Users
The Application originates, and is owned by a party based in the Province of Manitoba, Canada. The Application is made available only in jurisdictions where it may be legally offered, and is offered only to persons to whom it is lawful to make a solicitation. You agree to comply with all applicable laws, rules and regulations governing your use of the Application, including laws regulating the import or export of equipment, data and technology, to or from Canada and your country of residence.

Miscellaneous
These Terms contain the entire agreement between you and us governing your use of the Application. The legal agreement created by your acceptance of these Terms is personal to the registered Dealer, and cannot be transferred or assigned. We may assign this agreement and/or any of our rights or obligations under these Terms at any time.

Our failure to exercise or enforce any right or remedy under these Terms shall not constitute a waiver of such right or remedy.

No use of the Application or of any Content will create or be deemed to create any partnership, joint venture, agency, franchise or other business relationship, even if your use is for a commercial purpose, which has been authorized by us. You and Glacier FarmMedia shall, at all times, be and remain independent contractors.

The provisions of these Terms are severable. If any individual term or condition is held to be invalid, unenforceable or contrary to applicable law, such provision shall be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law while endeavoring to preserve the intention of the provision, and all other terms and conditions shall remain in full force and effect.

Glacier FarmMedia may communicate with you by email or by posting notices through the Application. You consent to receive communications from Glacier FarmMedia electronically, and agree that all notices, waivers, agreements, disclosures and other communications satisfy any legal requirements that such communications be in writing. You agree to promptly respond to any communications from Glacier FarmMedia concerning your use or misuse of the Application. You further agree that these Terms, and all correspondence and documentation relating to these Terms and your use of the Application, shall be written in the English language. Vous acceptez que ces terms d’usage, ainsi que toute la correspondence et la documentation relative à ces termes d’usage, soient rédigées en langue anglaise.

If you wish to contact us with any questions, comments or concerns regarding these Terms or the Application, or to provide any notice pursuant to these Terms, please contact us at [email protected]