This website and online portal is made available by The Grower Portal Corporation (“Grower Portal”, “we”, “us”, or “our”) at www.thegrowerportal.ca (the “Platform”).
These Terms of Service (together with any other documents or terms expressly incorporated by reference, the “Terms”) constitute a legal agreement between you and Grower Portal and govern your access to and use of the Platform. By accessing or using the Platform, you (“you” or “user”) agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.
We reserve the right in our sole discretion to amend these Terms from time to time by publishing an amended version of these Terms. All such amendments are effective immediately when published and apply to your continued access to and use of the Platform. Your continued access to and use of the Platform will be your acceptance of any such amendments.
If any change to the Terms is unacceptable to you, you agree not to use the Platform. Grower Portal will provide notice of any material changes to the Terms by posting changes within the Platform or by sending you an email notification, or by similar means.
The content of the Platform is subject to change, updates, or amendments without notice at anytime. We reserve the right in our sole discretion to modify any part of the Platform at any time for any reason, or no reason, including by changing, withdrawing or terminating, limiting or expanding the Platform or any features or functionalities on the Platform.
Other websites that can be accessed from this Platform by hypertext links are entirely independent of the Platform. The inclusion of any site acknowledgments, identification of any person or entity on the Platform, or any hypertext link to any other person or entity shall not be construed as an endorsement of such person's or entity's website, products, services, or contributions.
Grower Portal is not responsible for the content, accuracy, legality, or safety of any third-party websites, and your access to and use of such websites is at your own risk. We recommend that you review the terms and privacy policies of any third-party websites you visit.
The entire content of the Platform including all texts, data, charts, photographs, images, software and all trademarks, brands and trade names used on the Platform are subject to intellectual property rights, including copyrights, trademarks and patents held by Grower Portal. You are not permitted to use, copy, reproduce, or distribute any content from the Platform without prior written permission from Grower Portal. All intellectual property rights are expressly reserved.
You must not violate or attempt to violate the security of the Platform. This includes actions such as accessing accounts or data you are not authorized to access, trying to bypass security measures, disrupting the Platform or its services, or attempting to obtain services you are not entitled to.
When registering for an account, you agree to provide true, accurate, current, and complete information about yourself and to promptly update this information to keep it accurate and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, Grower Portal may suspend or terminate your account and refuse any and all current or future use of the Platform.
You are responsible for maintaining the confidentiality of your account information and password. You are responsible for all activities that occur under your account. You agree to immediately notify Grower Portal of any actual or suspected unauthorized use of your account or any other breach of security, and to log out at the end of each session. Grower Portal is not liable for any loss or damage arising from your failure to protect your account credentials. Grower Portal may disable any account at its sole discretion for any reason, including violation of these Terms.
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:
Your use of the Platform is entirely at your own risk. Without limiting the foregoing, everything on the Platform is provided to you “as is” and “as available” without any warranties, conditions, or implied terms of any kind, whether express or implied, including but not limited to warranties or conditions of title, merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement. Grower Portal does not warrant that the Platform will be error-free, uninterrupted, secure, or free from viruses or other harmful components. The information on the Platform is for general informational purposes only and does not constitute advice.
Your use of the Platform is at your sole risk, and you are responsible for any costs associated with your use of the Platform. Grower Portal is not liable for any damages of any kind related to your use of the Platform. If you experience any problems with your use of the Platform, your sole remedy is to stop using the Platform.
In no event shall Grower Portal or any of its directors, employees, agents, or representatives be liable for any loss or damages arising out of or related to your access to or use of the Platform, any linked websites, or any content, whether such loss or damages are based on warranty, contract, tort (including negligence), strict liability, or any other legal theory. This includes, without limitation, liability for direct, indirect, special, punitive, incidental, or consequential damages. Grower Portal’s total liability to you for any claim arising out of or relating to the Platform will not exceed $1.
Grower Portal provides the Platform for your personal information, communication, and convenience. Due to local, national, or international restrictions, including technological or legal limitations, not all features of the Platform may be accessible from your location, and Grower Portal assumes no responsibility for any inability or restricted ability to access or use the Platform.
Grower Portal is not responsible for late, lost, incomplete, misdirected, or stolen messages; unavailable network or mobile connections; failed, incomplete, garbled, or delayed computer transmissions; technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting, or corrupting communications. Grower Portal is not responsible for any network fees or charges associated with your use of the Platform.
Grower Portal assumes no responsibility and shall not be liable for any damages to, or any viruses affecting, your computer equipment, mobile device, or other property as a result of your access to or use of the Platform or your downloading of any materials from the Platform.
Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless Grower Portal, its directors, officers, employees, agents, and representatives from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Platform or your breach of any representation, warranty, or other provision of these Terms.
A waiver of any term of these Terms is effective only if it is in writing and signed by Grower Portal and is not a waiver of any other term. If any term of these Terms is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect, invalidate or render unenforceable: (i) any other provision in these Terms; or (ii) the same provision in any other jurisdiction.
These Terms and your use of the Platform are governed by the laws of the Province of Alberta and the laws of Canada. Any legal action or proceeding related to the Platform or these Terms must be brought in the courts of Alberta, and you agree to the exclusive jurisdiction of those courts. You waive any objections to the jurisdiction or venue of these courts.
Notwithstanding any other provision of these Terms, Grower Portal has the right to seek and obtain injunctive relief, whether provisional, interim, or permanent, from any court of competent jurisdiction to protect its trademarks, intellectual property rights, confidential information, or to preserve the status quo pending resolution of any dispute.
These Terms constitute the entire agreement between you and Grower Portal regarding your use of the Platform and replace any prior or current agreements, understandings, or communications, whether written or oral. If you have entered into a separate written agreement with Grower Portal, that agreement will govern in the event of any conflict with these Terms, but only with respect to the subject matter of that separate agreement.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
You may not assign or transfer your rights or obligations under these Terms without Grower Portal’s prior written consent. Grower Portal may assign these Terms at any time without notice.
These Terms are effective unless and until terminated by Grower Portal. Grower Portal may terminate these Terms at any time without notice and may deny you access to the Platform for any reason or no reason. Any obligations or liabilities incurred by you or Grower Portal prior to the termination date will survive the termination of these Terms.
For information about how we collect and process your personal information, please see our Privacy Policy at https://www.thegrowerporal.ca/privacy/ .
By using the Platform, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
If you have any questions or comments, please contact us at support@thegrowerportal.ca.