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THE UFA store (“UFAshop”) IS OWNED AND OPERATED BY UNITED FARMERS OF ALBERTA CO-OPERATIVE LIMITED (“UFA”) and can currently be accessed through www.UFA.com and by logging into your myUFA account.
ACCESS AND USE OF THE UFASHOP (AND ITS RELATED SERVICES) IS PROVIDED BY UFA TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THE UFASHOP (OR ANY OF ITS RELATED SERVICES), YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU MAY NOT ACCESS OR USE THE UFASHOP (OR ANY OF ITS RELATED SERVICES).
You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into these Terms of Use and to perform and otherwise discharge all of your obligations hereunder.
UFA may modify these Terms of Use from time to time and such modification shall be effective upon posting notice of such changes upon your activation of the UFAshop. You agree to be bound by any changes to these Terms of Use when you use the UFAshop (or any of its related services) after any such notice is posted. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any changes. UFA shall provide notice of changes to these Terms of Use where and when such may be required by law.
You may not interfere with the security of, or otherwise abuse the UFAshop or any apps, websites, system resources, services or networks connected to or accessible through the UFAshop. You may only use the UFAshop (or any of its related services) for lawful purposes.
Permission to use the UFAshop
UFA hereby grants to you a limited, revocable, non-sub-licensable, personal, and non-exclusive license to access the UFAshop and use the UFA Materials in connection with the authorized use of the UFAshop as provided in these Terms of Use. This license entitles you to access the UFAshop on your computer or mobile device and to use the UFAshop as provided in these Terms of Use, provided that you may not make the UFAshop available over a network where it could be used on multiple devices at the same time. Further, these Terms of Use do not grant you any rights to use UFA's proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the UFAshop. You may not copy, alter, modify, publish, broadcast, transmit, perform, distribute, display, use, create derivative works of, or sell the UFAshop or any materials or content related thereto.
User Accounts
To access many of the features of the UFAshop (including, many of its related services), you will be required to have a user account. Guests may access UFAshop, but may not have full access to many features that may be exclusive to account holders.
To open a user account you must complete the registration process within the UFAshop by providing complete and accurate information as requested. You are responsible for keeping your user account details current.
You may be asked to provide a username (typically, this will initially be the email that you have chosen to associate with your account) and password. Where we offer you the ability to choose your own username(s) in connection with the UFAshop (or any of its related services), we will use reasonable efforts to assign such username(s) to you upon your request, provided however that you may not select, and we reserve the right to reject, any username that (i) has already been assigned, or (ii) we determine, in our sole discretion, is offensive, violates applicable law, is an attempt to reserve username(s) without the intent to use them, is an attempt to impersonate another, or may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade-name, trademark, registered trademark, service mark, or proprietary or other rights of another. Where we reject a requested username, we may, in our sole discretion, assign an alternate username, ask you to select another username or terminate these Terms of Use.
You may be permitted to authorize other individuals (“Authorized Representatives”) to use the UFAshop as part of your user account (a “Master Account”). The “Master Account” is the only account authorized to make any changes and you shall be solely liable for any and all activity through the Master Account. Each Authorized User may use the Master Account. To qualify to register as a Master Account, Authorized Representatives must be enrolled by the individual who holds the Master Account. Master Accounts may be “disbanded” by the Master Account holder, (meaning that all Authorized Representative(s) cease to have access to the Master Account), and/or the Master Account holder may remove any one or more Authorized Representatives from the Master Account from time to time. You are responsible for managing your user account, including the issuance and revocation of your Authorized Representative’s authorization and account credentials. You are responsible for the acts and omissions of your Authorized Representatives. Should you or your Authorized Representatives access or use any credit granted by UFA to you, use of such UFA credit shall be subject to the terms and conditions of your “UFA Credit on Account Agreement” and all associated documents, as amended or replaced.
You agree that you are entirely responsible for maintaining the confidentiality of your usernames and passwords and that UFA and its partners, affiliates, officers, directors, employees, consultants, agents, and representatives will not be held responsible for any loss or liability related to any lost, stolen or otherwise misappropriated username or password.
Neither you nor your Authorized Representatives may use the account, username, or password of anyone else at any time, unless you are authorized to do so in writing by UFA.
You acknowledge and agree that you shall be responsible for each and every access, use or employment of the UFAshop (and any of its related services) that occurs in conjunction with your passwords and user identifications, and that UFA is authorized to accept the user identifications and passwords as conclusive evidence that you have accessed, utilized, or otherwise employed the UFAshop (or any of its related services).
You agree to notify UFA immediately of any unauthorized use, theft, or misappropriation of your account, usernames, or passwords and follow the instructions that we give you. UFA shall not be liable for any loss that you incur as a result of someone else using your usernames or passwords, either with or without your knowledge.
You may request deactivation of your user account at any time, for any reason, by contacting UFA Customer Support at 1-877-258-4500 or via email at Customer.Support@ufa.com. You remain responsible for any transactions that have occurred (including, items that you have ordered) prior to your account being deactivated. Deactivation of your account may result in one or more of your current orders being cancelled.
Warranty & Return Policy
The UFA shop return policy can be found at ufa.com/ca/return-policy.
Payment Information
The UFAshop accepts the following forms of payment (Mastercard Visa, Apple Pay and Google Pay). UFA reserves the right to change, from time to time, the payment options which may be available through the UFAshop. UFA further reserves the right to disable any payment options already available through the UFAshop, at any time and for any reason.
When paying with one of the payment options, you are subject to the terms and conditions of use associated with such payment option, including your specific cardholder or financial institution agreement.
When paying with one of the payment options, you are subject to the terms and conditions of use associated with such payment option, including your specific cardholder or financial institution agreement.
Your use of a payment option signifies your agreement to the applicable additional terms as well as these Terms of Use.
Use of UFA Credit Account
When creating your user account for the UFAshop, you will be given an opportunity to input information for your UFA credit account into the UFAshop. Activation of this feature on the UFAshop constitutes your authorization to access, interact with and use your UFA credit account using the UFAshop.
Your UFA credit account is governed by your “UFA Credit on Account Agreement” and all associated documents, as amended or replaced, https://ufadigmtg.blob.core.windows.net/default/ufa.com/documents/forms/Credit-Agreement-Dec-2022.pdf. Your use of your UFA credit account features within the UFAshop signifies your agreement to your “UFA Credit on Account Agreement” and all associated documents, as amended or replaced, as well as these Terms of Use.
Contests, Games and Promotions
From time to time, you may be offered access to various contests, games and promotions provided by UFA and/or other third parties through the UFAshop. Additional terms and conditions may apply to your participation in such contests, games and promotions. Any such terms and conditions will be made available to you at the time you activate or enroll in such contests, games and promotions. Your participation in any contests, games or promotions provided by the UFAshop constitutes your acceptance of these additional terms and conditions.
UFA may make available (through the UFAshop) links through in-app advertisements or otherwise enable you to access third-party contests, games and promotions, apps, sites, or software. Please note that, while using such contests, games and promotions, apps, sites, or software, you are using contests, games and promotions, apps, sites, or software developed and administered by third parties not affiliated with or controlled by UFA. UFA is not responsible for the actions of such third parties, the content of their contests, games and promotions, apps, sites, or software, the use of information you provide to them, or any products or services they may offer. The UFAshop's link to those sites does not constitute UFA's sponsorship of, or affiliation with, such third parties. Your use of or correspondence with, or participation in contests, games and promotions, apps, sites, or software of such third parties and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties.
Google Analytics
Our website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). The information generated by the cookie about your use of our website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. Further information about Google’s privacy policy may be obtained from http://www.google.com/privacy.html.
Hotjar
We use Hotjar in order to better understand our users’ needs and to optimize the UFAshop service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.
Electronic Communications – News, Offers and Information
We may send you, via email, text message, standard mail, or other forms of digital and non-digital communications, from time to time, special offers, news and information relating to UFA generally, the UFAshop or myUFA. You will have the option to opt-in to receiving such communications when you register to use the UFAshop and to manage your preferences in respect of such communications with the UFAshop.
Privacy
UFA is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who use the UFAshop (or any of its related services). Please see our Privacy Policy ufa.com/myUFA/privacyPolicy for further details.
Our systems may collect information related to your use of the UFAshop, including your geographic location and exact positioning, your MAC address, the operating system of your device, the type of device you use, your device's unique ID, the IP address of your device, the type of mobile Internet browsers you use, session start and stop times, your time zone, your network status, your International Mobile Equipment Identity, information about the way you use the UFAshop, and any other information tied directly or indirectly to your device. We use this information to operate the UFAshop (and its related services), monitor our system performance, detect and prevent fraud (e.g., using stolen credit card), provide targeted marketing offers to the user based on their location and the other attributes, to enable us to operate and manage our systems and services and to better understand our customers so that we can work to continually upgrade our systems and services.
You acknowledge and agree that access to and use of the UFAshop (and any of its related services) requires internet connectivity. Information stored in the UFAshop is stored in Canada but may be accessible in other jurisdictions depending on where you log into the UFAshop.
Acceptable Use
You are solely responsible for the content of any communications by you through the UFAshop (or any of its related services).
You shall not, directly or indirectly, send, submit, post, receive or otherwise facilitate, or in any way use, or permit to be used, the UFAshop (or any of its related services), to send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate. You shall comply with all applicable laws (including, but not limited to export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). Although UFA is not responsible for any such communications or materials, we may delete any such communications or materials of which we become aware, at any time without notice to you. You acknowledge and agree that you shall be responsible and liable for all uses made by you of the UFAshop (or any of its related services).
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of UFA’s systems or networks or perform functions that you are not authorized to perform pursuant to these Terms of Use. UFA may, without notice, temporarily suspend your, or any other parties, access to the UFAshop (and any of its related services), (including, without limitation, any specific areas or services within the UFAshop) by deactivating any password(s) or links if UFA reasonably suspects that you, or any other parties, are obtaining unauthorized access to UFA’s other systems, networks or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as UFA may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
In addition, you agree that you will not (i) remove or alter any copyright, trademark, brand elements or other proprietary notices; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the UFAshop, except as expressly permitted by UFA; (iii) link to, mirror or frame any portion of the UFAshop; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the UFAshop, or unduly burdening or hindering the operation and/or functionality of any aspect of the UFAshop.
UFA does not condone or allow spam. You agree that you will not use the UFAshop (or any of its related services) to send unsolicited commercial or other e-mail.
UFA Materials
UFA may make certain materials (including files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively “UFA Materials”) available to you from the UFAshop (or any of its related services). If you download or use UFA Materials, you agree that such materials: (i) may only be used for the purpose for which they were provided, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without UFA's prior written permission, and (iii) shall only be used in compliance with these Terms of Use and any additional license terms accompanying such materials. UFA does not transfer either the title or the intellectual property rights to the UFA Materials, and retains full and complete title to the UFA Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the UFA Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any UFA Materials into a human-perceivable form. UFA or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
The UFAshop, (including its organization and presentation and UFA Materials) is the property of UFA and its licensors and may be protected by intellectual property laws including laws relating to patents, copyrights, trade-marks, trade-names, internet domain names and other similar rights.
User Materials
When you load or create materials (including files, text, video, audio and images contained in or generated by such materials and accompanying data) on the UFAshop (“User Materials”) you are granting UFA, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a license to use your User Materials in connection with the operation of the UFAshop (or any of its related services) and the UFA businesses. By loading or creating User Materials on the UFAshop, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to load or create such User Materials and that such User Materials do not violate any applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third-party rights rests solely with you.
You are solely responsible for your User Materials. You are solely responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to same. UFA shall not be responsible or liable for the deletion or accuracy of any User Materials.
You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose materials or information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of the UFAshop (or any of its related services) and agree to obtain and maintain all such consents or permissions throughout the term of these Terms of Use.
Currency of Information available in UFAshop
UFA may make information, UFA Materials or related resources available to you through the UFAshop. UFA may update such information, UFA Materials and related resources periodically. Technical difficulties or transmission problems could produce inaccurate or incomplete copies of information contained on the UFAshop. Accordingly, UFA cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information, UFA Materials or related resources on the UFAshop. UFA may revise, supplement or delete information, UFA Materials and/or the resources contained in the UFAshop and reserves the right to make such changes without prior notification to past, current or prospective users.
Malware
Malware, viruses or other destructive programs may be inadvertently downloaded from the UFAshop. UFA shall not be responsible or liable for any software, malware, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your device or other property on account of your access to or use of the UFAshop or any of the UFA Materials or User Materials (collectively, “Materials”). UFA recommends that you install appropriate security, anti-virus or other protective software.
UFA is not liable for your information stored or recorded by any device or any network, whether public or private, that you may use to access the UFAshop.
Provided “As Is”
THE UFASHOP, ITS RELATED SERVICES AND THE MATERIALS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. UFA DOES NOT REPRESENT OR WARRANT THAT THE UFASHOP, ITS RELATED SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE UFASHOP, ITS RELATED SERVICES AND THE MATERIALS INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL UFA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER SIMILAR LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE UFASHOP, ITS RELATED SERVICES, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN EVERY EVENT, UFA’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE UFASHOP, ITS RELATED SERVICES OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.
THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR UFA TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY UFA, UFA WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold UFA harmless against all claims or liability asserted against UFA arising out of or in connection with any breach by you, your Authorized Representatives or anyone acting on your behalf of any of these Terms of Use.
Feel free to email your comments, suggestions and feedback (collectively, “Feedback”) to UFA at the e-mail addresses provided in the UFAshop. However, the Internet is not a fully secure medium and any Feedback may be lost, intercepted or altered. You agree with respect to any Feedback provided by you to us via e-mail that: (i) UFA has no obligation concerning such Feedback; (ii) Feedback is non-confidential; (iii) UFA may use, disclose, distribute or copy the Feedback and may use any ideas, concepts or know-how contained in the Feedback for any purpose; and (iv) the Feedback is truthful and disclosure of the Feedback does not violate the legal rights of others.
Access Related to Alleged Violations
To protect the UFAshop (and any of its related services), you agree that UFA or its representatives may access your user account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the UFAshop (and any of its related services), and you agree to give UFA full access to your user account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such account and related information and records.
UFA does not intend to disclose the existence or occurrence of such an investigation unless required by law or if requested by law enforcement officials, but UFA reserves the right to terminate your user account or your access to the UFAshop (and any of its related services) immediately, with or without notice to you, and without liability to you, if UFA believes that you have violated any of these Terms of Use, furnished UFA with false or misleading information, or interfered with the UFAshop (or any of its related services).
Term and Termination
UFA may, from time to time, but is in no way obligated to, permit you to access and use the UFAshop (or any of its related services) in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree that access to the UFAshop (or any of its related services) may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that UFA shall not, in any event, be responsible to you in any way should you be unable to access the UFAshop (or any of its related services) at any time or from time to time.
UFA may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use the UFAshop (or any of its related services) and/or terminate these Terms of Use or any of the licenses granted hereunder. Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist all use of the UFAshop (and any of its related services).
You may request deactivation of your user account at any time, for any reason, by contacting UFA Customer Support at 1-877-258-4500 or via email at Customer.Support@ufa.com
Applicable Law
The UFAshop is controlled, operated and administered by UFA from within the Province of Alberta, Canada. The UFAshop can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing the UFAshop, you acknowledge and agree that all matters relating to access to or use of the UFAshop shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.
WHERE PERMITTED UNDER THE APPLICABLE LAW, WE EACH AGREE THAT EACH OF US WILL BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH OF US AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
General
UFA’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
You shall not assign these Terms of Use or any of your rights hereunder without the prior written consent of UFA.
Your obligations under these Terms of Use will survive the termination of these Terms of Use, or of any license granted under these Terms of Use, for whatever reason.
If any provision or part thereof of these Terms of Use is wholly or partially unenforceable, the parties, or in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demand que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais.
UFA App
LICENSED APPLICATION END USER LICENSE AGREEMENT
Last Modified: November 8, 2024
Apps made available through the App Store are licensed, not sold, to you.
Your license to use this application (the “Licensed Application”) is subject to your prior acceptance of this Licensed Application End User License Agreement between you and the United Farmers of Alberta Co-Operative Limited (“UFA”, “Application Provider” or “Licensor”)) (the “EULA”). Your license to the Licensed Application is granted by the Application Provider. The Application Provider reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.
ACCESS AND USE OF THE LICENSED APPLICATION (AND ITS RELATED SERVICES) IS PROVIDED BY UFA TO YOU ON CONDITION THAT YOU ACCEPT THIS EULA, AND BY ACCESSING OR USING THE LICENSED APPLICATION (OR ANY OF ITS RELATED SERVICES), YOU AGREE TO THIS EULA. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THIS EULA YOU MAY NOT ACCESS OR USE THE LICENSED APPLICATION (OR ANY OF ITS RELATED SERVICES). You agree that the agreement formed by this EULA is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this EULA and to perform and otherwise discharge all of your obligations hereunder.
UFA may modify this EULA from time to time and such modification shall be effective upon posting notice of such changes upon your activation of the Licensed Application. You agree to be bound by any changes to this EULA when you use the Licensed Application (or any of its related services) after any such notice is posted. It is therefore important that you review this EULA regularly to ensure you are updated as to any changes. UFA shall provide notice of changes to this EULA where and when such may be required by law. You may not interfere with the security of, or otherwise abuse the Licensed Application or any apps, websites, system resources, services or networks connected to or accessible through the Licensed Application. You may only use the Licensed Application (or any of its related services) for lawful purposes.
Scope of License
Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control (each an ‘Apple Device’) and as permitted by the Usage Rules ( as established by Apple Inc. (“Apple”) from time to time, see https://www.apple.com/legal/internet-services/itunes/). The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by additional or other terms. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
User Accounts
To access many of the features of the Licensed Application (including, many of its related services), you will be required to have a user account. Guests may access the Licensed Application, but may not have full access to many features that may be exclusive to account holders. To open a user account, you must complete the registration process, available through link in the Licensed Application, by providing complete and accurate information as requested. You are responsible for keeping your user account details current. You may be asked to provide a username (typically, this will initially be the email that you have chosen to associate with your account) and password. Where we offer you the ability to choose your own username(s) in connection with the Licensed Application (or any of its related services), we will use reasonable efforts to assign such username(s) to you upon your request, provided however that you may not select, and we reserve the right to reject, any username that (i) has already been assigned, or (ii) we determine, in our sole discretion, is offensive, violates applicable law, is an attempt to reserve username(s) without the intent to use them, is an attempt to impersonate another, or may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade-name, trademark, registered trademark, service mark, or proprietary or other rights of another. Where we reject a requested username, we may, in our sole discretion, assign an alternate username, ask you to select another username or terminate this EULA. You may be permitted to authorize other individuals (“Authorized Representatives”) to use the Licensed Application as part of your user account (a “Master Account”). The “Master Account” is the only account authorized to make any changes and you shall be solely liable for any and all activity through the Master Account. Each Authorized User may use the Master Account. To qualify to register as a Master Account, Authorized Representatives must be enrolled by the individual who holds the Master Account. Master Accounts may be “disbanded” by the Master Account holder, (meaning that all Authorized Representative(s) cease to have access to the Master Account), and/or the Master Account holder may remove any one or more Authorized Representatives from the Master Account from time to time. You are responsible for managing your user account, including the issuance and revocation of your Authorized Representative’s authorization and account credentials. You are responsible for the acts and omissions of your Authorized Representatives. Should you or your Authorized Representatives access or use any credit granted by UFA to you, use of such UFA credit shall be subject to the terms and conditions of your “UFA Credit on Account Agreement” and all associated documents, as amended or replaced. You agree that you are entirely responsible for maintaining the confidentiality of your usernames and passwords and that UFA and its partners, affiliates, officers, directors, employees, consultants, agents, and representatives will not be held responsible for any loss or liability related to any lost, stolen or otherwise misappropriated username or password. Neither you nor your Authorized Representatives may use the account, username, or password of anyone else at any time, unless you are authorized to do so in writing by UFA. You acknowledge and agree that you shall be responsible for each and every access, use or employment of the Licensed Application (and any of its related services) that occurs in conjunction with your user identifications and passwords , and that UFA is authorized to accept the user identifications and passwords as conclusive evidence that you have accessed, utilized, or otherwise employed the Licensed Application (or any of its related services). You agree to notify UFA immediately of any unauthorized use, theft, or misappropriation of your account, usernames, or passwords and follow the instructions that we give you. UFA shall not be liable for any loss that you incur as a result of someone else using your usernames or passwords, either with or without your knowledge. You may request deactivation of your user account at any time, for any reason, by contacting UFA Customer Support at 1-877-258-4500 or via email at Customer.Support@ufa.com. You remain responsible for any transactions that have occurred (including, items that you have ordered) prior to your account being deactivated. Deactivation of your account may result in one or more of your current orders being cancelled.
Consent to Use of Data
You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Contests, Games and Promotions
From time to time, you may be offered access to various contests, games and promotions provided by UFA and/or other third parties through the Licensed Application. Additional terms and conditions may apply to your participation in such contests, games and promotions. Any such terms and conditions will be made available to you at the time you activate or enroll in such contests, games and promotions. Your participation in any contests, games or promotions provided by the Licensed Application constitutes your acceptance of these additional terms and conditions. UFA may make available (through the Licensed Application) links through in-app advertisements or otherwise enable you to access third-party contests, games and promotions, apps, sites, or software. Please note that, while using such contests, games and promotions, apps, sites, or software, you are using contests, games and promotions, apps, sites, or software developed and administered by third parties not affiliated with or controlled by UFA. UFA is not responsible for the actions of such third parties, the content of their contests, games and promotions, apps, sites, or software, the use of information you provide to them, or any products or services they may offer. The Licensed Application's link to those sites does not constitute UFA's sponsorship of, or affiliation with, such third parties. Your use of or correspondence with, or participation in contests, games and promotions, apps, sites, or software of such third parties and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties.
Electronic Communications – News, Offers and Information.
We may send you, via email, text message, standard mail, or other forms of digital and non-digital communications, from time to time, special offers, news and information relating to UFA generally, or the Licensed Application. You will have the option to opt-in to receiving such communications when you register for a user account and to manage your preferences in respect of such communications within your account.
Privacy
UFA is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who use the Licensed Application (or any of its related services). Please see our Privacy Policy www.ufa.com/myUFA/privacyPolicy for further details. Our systems may collect information related to your use of the Licensed Application, including your geographic location and exact positioning, your MAC address, the operating system of your device, the type of device you use, your device's unique ID, the IP address of your device, the type of mobile Internet browsers you use, session start and stop times, your time zone, your network status, your International Mobile Equipment Identity, information about the way you use the Licensed Application, and any other information tied directly or indirectly to your device. We use this information to operate the Licensed Application (and its related services), monitor our system performance, detect and prevent fraud (e.g., using stolen credit card), provide targeted marketing offers to the user based on their location and the other attributes, to enable us to operate and manage our systems and services and to better understand our customers so that we can work to continually upgrade our systems and services. You acknowledge and agree that access to and use of the Licensed Application (and any of its related services) requires internet connectivity. Information stored in the Licensed Application is stored in Canada but may be accessible in other jurisdictions depending on where you log into the Licensed Application.
Acceptable Use
In addition to, and without limiting the Usage Rules (which you acknowledge are a requirement imposed by Apple), you confirm that you are solely responsible for the content of any communications by you through the Licensed Application (or any of its related services). You shall not, directly or indirectly, send, submit, post, receive or otherwise facilitate, or in any way use, or permit to be used, the Licensed Application (or any of its related services), to send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate. You shall comply with all applicable laws (including, but not limited to export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). Although UFA is not responsible for any such communications or materials, we may delete any such communications or materials of which we become aware, at any time without notice to you. You acknowledge and agree that you shall be responsible and liable for all uses made by you of the Licensed Application (or any of its related services). You agree that you will not attempt to, nor permit any third party to, enter restricted areas of UFA’s systems or networks or perform functions that you are not authorized to perform pursuant to this EULA. UFA may, without notice, temporarily suspend your, or any other parties, access to the Licensed Application (and any of its related services), (including, without limitation, any specific areas or services within the Licensed Application) by deactivating any password(s) or links if UFA reasonably suspects that you, or any other parties, are obtaining unauthorized access to UFA’s other systems, networks or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as UFA may reasonably determine is necessary to permit the thorough investigation of such suspended activity. In addition, you agree that you will not (i) remove or alter any copyright, trademark, brand elements or other proprietary notices; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Licensed Application, except as expressly permitted by UFA; (iii) link to, mirror or frame any portion of the Licensed Application; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Licensed Application, or unduly burdening or hindering the operation and/or functionality of any aspect of the Licensed Application. UFA does not condone or allow spam. You agree that you will not use the Licensed Application (or any of its related services) to send unsolicited commercial or other e-mail.
UFA Materials
UFA may make certain materials (including files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively “UFA Materials”) available to you from the Licensed Application (or any of its related services). If you download or use UFA Materials, you agree that such materials: (i) may only be used for the purpose for which they were provided, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without UFA's prior written permission, and (iii) shall only be used in compliance with this EULA and any additional license terms accompanying such materials. UFA does not transfer either the title or the intellectual property rights to the UFA Materials, and retains full and complete title to the UFA Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the UFA Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any UFA Materials into a human-perceivable form. UFA or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner. The Licensed Application (including its organization and presentation and UFA Materials) is the property of UFA and its licensors and may be protected by intellectual property laws including laws relating to patents, copyrights, trademarks, tradenames, internet domain names and other similar rights.
Currency of Information
UFA may make information, UFA Materials or related resources available to you through the Licensed Application. UFA may update such information, UFA Materials and related resources periodically. Technical difficulties or transmission problems could produce inaccurate or incomplete copies of information contained on the Licensed Application. Accordingly, UFA cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information, UFA Materials or related resources on the Licensed Application. UFA may revise, supplement or delete information, UFA Materials and/or the resources contained in the Licensed Application and reserves the right to make such changes without prior notification to past, current or prospective users.
Feedback
Feel free to provide your comments, suggestions and feedback (collectively, “Feedback”) to UFA. You agree with respect to any Feedback provided by you to UFA that: (i) UFA has no obligation concerning such Feedback; (ii) Feedback is non-confidential; (iii) UFA may use, disclose, distribute or copy the Feedback and may use any ideas, concepts or know-how contained in the Feedback for any purpose; and (iv) the Feedback is truthful and disclosure of the Feedback does not violate the legal rights of others.
Access Related to Alleged Violations
To protect the Licensed Application (and any of its related services), you agree that UFA or its representatives may access your user account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Licensed Application (and any of its related services), and you agree to give UFA full access to your user account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such account and related information and records. UFA does not intend to disclose the existence or occurrence of such an investigation unless required by law or if requested by law enforcement officials, but UFA reserves the right to terminate your user account or your access to the Licensed Application (and any of its related services) immediately, with or without notice to you, and without liability to you, if UFA believes that you have violated any of this EULA, furnished UFA with false or misleading information, or interfered with the Licensed Application (or any of its related services).
Term and Termination
This EULA is effective until terminated by you or Licensor. UFA may, from time to time, but is in no way obligated to, permit you to access and use the Licensed Application (or any of its related services) in accordance with this EULA and in the manner more particularly set out herein. You acknowledge and agree that access to the Licensed Application (or any of its related services) may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that UFA shall not, in any event, be responsible to you in any way should you be unable to access the Licensed Application (or any of its related services) at any time or from time to time. UFA may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use the Licensed Application (or any of its related services) and/or terminate this EULA or any of the licenses granted hereunder. Without limiting the foregoing, this EULA and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with this EULA or any provision hereof. Upon termination of this EULA, you shall immediately cease and desist all use of the Licensed Application (and any of its related services).
External Services
The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, OR ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Compliance
You may not use or otherwise export or re-export the Licensed Application except as authorized by Canadian or United States law and the laws of the jurisdiction in which the Licensed Application was obtained . In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any Canada or U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by Canadian, United States or other applicable law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Government
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
Governing Law
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Application Provider shall be governed by the laws in effect in the Province of Alberta, Canada, excluding its conflicts of law provisions. You and Application Provider agree to submit to the personal and exclusive jurisdiction of the courts in the City of Calgary, in the Province of Alberta, Canada, to resolve any dispute or claim arising from this Agreement. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. WHERE PERMITTED UNDER THE APPLICABLE LAW, WE EACH AGREE THAT EACH OF US WILL BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH OF US AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
General
UFA’s failure to insist upon or enforce strict performance of any provision of this EULA shall not be construed as a waiver of any provision or right. You shall not assign this EULA or any of your rights hereunder without the prior written consent of UFA. Your obligations under this EULA will survive the termination of this EULA, or of any license granted under this EULA, for whatever reason. If any provision or part thereof of this EULA is wholly or partially unenforceable, the parties, or in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. The parties have requested that this EULA and all documents relating thereto be drawn up in English. Les parties ont demand que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais.