Terms of Use

 

These Terms of Use are effective as of April 5, 2019 and replace any prior Terms of Use.

Welcome to our web site, www.megafoodcanada.com (the “Site”). The Site is owned by TallGrass Natural Health LTD. (“TallGrass”, “we”, “us”, and “our”). Whether you are a “Visitor” (which means that you simply browse the Site), a “Registered User” (which means that you have registered an account with TallGrass), or a “Purchaser” (which means that you are purchasing products or services from or through the Site), by accessing and using the Site, you are agreeing to be bound by and comply with these terms of use (“Terms of Use”) and all applicable laws and regulations. The terms “you” or “user”, as used in these Terms of Use, refers to a Visitor, a Registered User or a Purchaser, as applicable.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE SITE.

You confirm you have the legal authority and capacity to accept these Terms of Use. If you are using the Site on behalf of any person or entity, you confirm you are authorized to accept these Terms of Use on such person’s or entity’s behalf.

1. Proprietary Rights.

The Site and its contents, including, without limitation, text, graphics, images, photographs, illustrations, videos, audio, code, data, trademarks, service marks, logos, taglines, slogans, trade names, documents, data sheets, and other information and material made available on or accessed through the Site (collectively, the “Content”) and any and all intellectual property and proprietary rights inherent in the Content or that belong to the Content, are owned by TallGrass, its licensors or other rights holders and are protected under both Canadian and foreign laws, including but not limited to copyright and trademark laws. Your use of the Site does not grant to you ownership of any of the Content. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of TallGrass, its licensors or the otherwise applicable rights holders.

The trademarks, service marks, logos, taglines, slogans, business names and trade names (collectively, the “Marks”) displayed on the Site or on the Content are registered and/or unregistered Marks of TallGrass, its licensors and/or other rights holders and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their respective rights holders or that otherwise are likely to cause customer confusion, or in any manner that disparages or discredits their respective rights holders. All Marks not owned by TallGrass that appear on the Site or in the Content are the property of their respective owners and are used with permission of their owners. You acknowledge and agree that you have no rights, title, or interest in or to the Marks, nor any part thereof, except the use of the same as herein set out and that nothing in these Terms of Use shall be construed as an assignment or grant to you of any right, title, or interest in or to the Marks and that all goodwill relating to the Marks shall accrue to and be the property of TallGrass.

Your misuse, including any unauthorized use, of the Marks displayed on the Site or in the Content is strictly prohibited.

2. Limited License.

Subject to your compliance with these Terms of Use, you may: (a) access and view the Content on the Site on your computer or other device; and (b) download any of the Content displayed and identified on the Site as specifically identified as available for downloading, in each case solely for your own lawful, non-commercial or personal use, provided that you plainly display all copyright and other proprietary notices in the same form and manner as on the original and display a statement that the Content is used solely with permission of TallGrass. Any rights not expressly granted herein are reserved. Notwithstanding the foregoing, any other Content that is made available on or accessed through the Site with its own license terms, conditions and notices shall be governed by such terms, conditions and notices. In the event of any conflict, these Terms of Use will prevail such additional or different terms, conditions and notices.

Except for the limited permission in the preceding paragraph, TallGrass does not grant you any express or implied rights or licenses under any patents, Marks, copyrights or other proprietary or intellectual property rights of TallGrass or of any third party.

The Content may not be modified, copied, posted on any network computer or broadcasted in any media. You may not mirror the Site or any of the Content on another web site or in any other media.

3. Privacy Policy.

The Privacy Policy posted on the Site forms part of these Terms of Use. You agree to be bound by the Privacy Policy. TallGrass’s information collection and use policies with respect to the privacy of Personal Information (as defined in the Privacy Policy), including information obtained by cookies, are set forth in the Privacy Policy, which can be viewed at https://www.megafoodcanada.com/resources/privacy/

4. Purchase of Products and Services.

Purchase of products and services through the Site are governed by these Terms of Use and any other policies or terms we identify in these Terms of Use. If these Terms of Use are considered an offer, then any acceptance of the Terms of Use is expressly limited solely to acceptance of the terms and conditions in the Terms of Use. For greater clarity, in the case of a potential purchase of products or services through or from the Site, these Terms of Use are considered an invitation to treat.

All products and services on display on the Site are invitations to treat and are not offers to sell. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to modify or discontinue the Site (or any part or content thereof), the products or the services without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site, the products or the services.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that are available through or from the Site. Any offer for any product or service made on this site is void where prohibited and is subject to acceptance of TallGrass.

Order Terms. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We generally do not charge your credit card until after your order has entered the shipping process or, for services, until we make the service available to you. If your credit card already has been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account (including for the incorrect price where applicable).

Errors, Inaccuracies and Omission. Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated.

5. Use Restrictions and Prohibited Conduct.

You agree not to use the Site or the Content for any commercial use, without the prior written authorization of TallGrass. Without limiting the generality of the foregoing, prohibited commercial uses include use of Site or the Content for the primary purpose of gaining revenue, promotional distribution, publishing or exploitation of the Site or any of the Content, and the sale of advertising on any third party website, all without TallGrass’s express prior written approval. Prohibited commercial uses do not include using certain Content expressly designated by TallGrass (“Designated Information”) in news releases or on third party websites provided that the primary purpose of using the Designated Information is any use that TallGrass expressly authorizes in writing and is not to gain advertising, revenue or compete with TallGrass.

Other than as expressly allowed under these Terms of Use, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Site or any of the Content. You agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose the Site or any of the Content. You further agree that you may not alter or remove any Marks or any other proprietary content or proprietary rights notices contained on the Site or in the Content. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted Content made available on or accessed through the Site.

You agree that you shall not: (a) hold yourself out as a representative, agent or employee of TallGrass and/or impersonate any individual or entity or misrepresent your affiliation with any individual or entity; (b) use the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site, including by introduction or placement of malware, viruses, or other harmful code on the Site or any part thereof; (c) use the Site or any of the Content in violation of TallGrass’s or any third party’s intellectual property or other proprietary or legal rights; (d) use the Site or any of the Content in violation of any applicable laws; (e) attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site or any Content, or make any unauthorized use thereof; (f) obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (g) attempt to gain unauthorized access to the Site through hacking, password mining or any other means; (h) use or attempt to use any spider, robot, bot, scraper, data or any other program, device or algorithm, process or methodology to access, acquire, copy or monitor the Site (or portions thereof) or the Content (or portions thereof); (i) engage in or promote harassment in any manner or form; (j) upload to, distribute, or otherwise publish on or through the Site any content which is libelous, defamatory, obscene, abusive, threatening, invasive of privacy or publicity rights, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law; (k) upload commercial content on the Site or use the Site for any commercial solicitation, or to solicit others to join or become members of any other commercial online service or other organization; (l) use the Site for spamming or any other abusive electronic communications; or (m) otherwise attempt to interfere with the proper working of the Site.

6. Registration and Passwords.

Registration is required to establish an account. Upon registration, you will be considered a Registered User. You will be required to click on an “I ACCEPT” icon, put a checkmark in a checkbox, or provide some other means of indicating acceptance of these Terms of Use as specified by TallGrass in order to establish an account. You must (a) be a resident of Canada and (b) be the older of at least 18 years of age or the age of majority in your province or territory of residence, in order to register and create an account. Registered Users must provide (1) all equipment necessary for their own Internet connection, including computer and modem or other device(s) as needed, (2) provide for their access to the Internet, and (3) pay any fees related to such connection.

By registering, you represent, warrant and promise to TallGrass that: (a) you are a resident of Canada and are at least 18 years of age or older as of the time you register as a Registered User; (b) all information you provide to TallGrass during and after the registration process is truthful, accurate and complete; (c) you will comply with all terms and conditions of these Terms of Use and applicable law; and (d) you will not use the Site, any of the Content or any other content, materials or information obtained from the Site, for any purpose that is unlawful or prohibited by these Terms of Use.

As a Registered User, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete. TallGrass may terminate your account or your access to the Site (or portions of the Site) without prior notice or liability if any of the information provided is found to be inaccurate, false, out of date or incomplete, or for violating these Terms of Use or the law.

Any user name, password, or any other piece of information chosen by you or provided to you as part of the registration process and our security procedures, must be treated as confidential, and you must not disclose it to anyone else. You must exercise caution when accessing your account so that others are not able to view or record your password or other personal information. Your account is personal to you and you agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information.

You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

As long as you maintain an account, you consent to and may not “opt out” of receiving account-related emails from TallGrass.

If you are a Registered User, you may deactivate (or reactivate) your account at any time by contacting us at megafood@tallgrass.ca. Once your account is deactivated, it will not be viewable on the Site. As with any web site, even if a user deactivates their account, some information previously posted or otherwise uploaded to the Site may still be accessible by third parties. TallGrass is not responsible for the continued accessibility of the information posted or uploaded by a Registered User.

7. User Submissions.

You must be a Registered User in order to make transmit, submit, post, publish or upload (collectively, “submit”) content, material and information to or through the Site that is not required for your use of the Site or receipt of any services or products, by any means including, without limitation, by message boards, chat rooms or similar discussion forums, blogs, wiki pages or otherwise (“Submissions”). Submissions will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose and in any way without any compensation. By making a Submission to or through the Site you: (a) agree that we and our affiliates, and each of our respective licensees, successors, and assigns, are free to use any ideas, concepts or know-how contained in any Submission, and (b) automatically grant us and our affiliates, and each of our respective licensees, successors, and assigns, an unrestricted, irrevocable, worldwide, perpetual, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute and otherwise disclose to third parties any such Submission (or part thereof), alone or as part of other works in any form, media, or technology whether now known or hereafter developed without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any Submission.

Please be aware that with regard to Submissions, any personal information you submit can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages or for other purposes. We are not responsible for the Personal Information you choose to submit in these Submissions. TallGrass does not want you to, and you should not, send any confidential or proprietary information to TallGrass via such Submissions.

By submitting the Submissions, you represent and warrant that: (i) you own or have the necessary rights to submit the Submissions and have the right to grant the license to the Submissions to us, our affiliates, and our respective licensees, successors, and assigns to the Submissions, and to comply with these Terms of Use; and (ii) all Submissions comply with applicable laws and these Terms of Use.

You understand and agree that you, not TallGrass, are fully responsible for any Submissions you submit or contribute, and that you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Submissions submitted by you or any other user of the Site.

You agree that you shall not submit to or through the Site any Submission that, in or whole or in part: (a) is libelous, exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age, or other such prohibited ground or be otherwise objectionable; (b) attempts to exploit any individual or harm minors in any way by exposing them to inappropriate content or otherwise, or asking for personal information; (c) causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person; (d) advocates, promotes, or assists any unlawful act; (e) violates or infringes on the privacy, publicity, intellectual property, proprietary, contractual or other rights of any third party; (f) discloses private or confidential information of any third party including, without limitation, addresses, phone numbers, email addresses, social insurance numbers, and credit card numbers; (k) falsely gives the impression that the Submission originates from or are endorsed by us or any other person or entity; or (l) does not comply with these Terms of Use.

TallGrass does not represent or warrant the truthfulness, accuracy or reliability of any content, information or material contained in any Submissions made to or through the Site by users or endorse any statements, representations or opinions expressed by users in their Submissions. Your reliance on content, information, material, statements, representations or opinions contained in any Submissions made to or through the Site by other users shall be at your own risk. Any product claim, statistic, quote or other representation about a product or service contained in a Submission should be verified with the applicable manufacturer or provider.

We have no obligation, nor any responsibility, to any party to monitor the Site or use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

TallGrass has the right at all times and without notice to: (i) remove or refuse to post on the Site or take any action with respect to any Submission for any or no reason in our sole discretion; (ii) take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Site; (iii) without limiting the foregoing, fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site; and (iv) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

YOU WAIVE AND HOLD HARMLESS TALLGRASS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION DESCRIBED ABOVE TAKEN BY TALLGRASS AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE TALLGRASS OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

TallGrass is not responsible for screening or monitoring Submissions made to or through the Site by users. If notified by a user of any Submission made to the Site allegedly in violation of these Terms of Use, TallGrass may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission or any portion thereof. TallGrass shall have no liability or responsibility to users for performance or nonperformance of such investigation and/or removal.

8. Disclaimers

TALLGRASS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. TALLGRASS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY OR TIMELINESS OF THE SITE, THE CONTENT OR THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OR THE RESULTS OR OUTCOMES THAT MAY BE OBTAINED FROM USE OF THE SITE, THE CONTENT OR THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE. YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE CONTENT AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

YOU ACKNOWLEDGE AND ACCEPT THAT TALLGRASS DOES NOT GUARANTEE CONTINUOUS, UNITERRUPTED OR SECURE ACCESS TO THE SITE AND THE OPERATION OF THE SITE MAY BE INTERFERRED WITH OR ADVERSELY AFFECTED BY NUMEROUS FACTORS OR CIRCUMSTANCES OUTSIDE OF OUR CONTROL.

TALLGRASS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY TALLGRASS OR A THIRD PARTY THROUGH THE SITE OR THE PRODUCTS OR SERVICES OR ANY HYPERLINKED WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING AND TALLGRASS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND A USER OR ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

9. Limitation of Liability.

YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THE SITE OR ON THE CONTENT OR THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE OR YOUR CREATING AN ACCOUNT IS COMPLETELY AT YOUR OWN RISK. YOU AGREE THAT TALLGRASS AND ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, INVESTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, VENDORS OR SERVICE PROVIDERS, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGES, CLAIMS OR LIABILITIES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE, THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE OR ANY INFORMATION STORED, PROVIDED OR OTHERWISE COMMUNICATED BETWEEN YOU AND TALLGRASS (WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, EQUITY, COMMON LAW OR OTHERWISE) EVEN IF TALLGRASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

TALLGRASS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) PERSONAL INJURY, PROPERTY, BODILY, OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND/OR THE CONTENT, THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE OR YOUR CREATION OF AN ACCOUNT, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR SERVERS, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, DENIAL-OF-SERVICE ATTACK, FLOODING, LOGIC BOMBS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL OR EVENT WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY INFORMATION, INCLUDING WITHOUT LIMITATION THE CONTENT OF THE SITE.

10. Indemnity.

To the maximum extent permitted by applicable law, you agree to indemnify, and hold harmless TallGrass and its affiliates, and all of its and their respective officers, directors, members, managers, owners, investors, employees, agents, licensors, contractors, vendors, service providers, successors, and assigns, from and against any and all claims, demands, actions and losses, including without limitation reasonable legal and accounting fees and costs, arising out of or resulting from (a) your access to or your use of the Site or the Content, (b) your Submissions, (c) any activity related to your account (including negligent, reckless or wrongful conduct) by you or any other person accessing the Site using your account, (d) your breach of these Terms of Use, (e) your use of, reliance on, publication, communication or distribution of any Content, your use of the products or services available through the Site, or (e) your violation of any applicable laws.

11. Links and Third Party Web Sites.

The Site contains links to third party websites that are not under the control of TallGrass. You understand that these links are provided solely as a convenience to you and the inclusion of such links does not imply that TallGrass endorses or accepts any responsibility for the content or uses of such links. If you decide to access linked third party websites, you do so at your own risk. You should contact the site administrator or webmaster for those third party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third party sites is subject to the terms of use and privacy policies of each site, and you should review the terms of use and the privacy policies of third party sites.

12. Changes to Terms of Use; Termination/Suspension.

TallGrass may, in its sole discretion, modify or revise these Terms of Use from time to time without notice and you agree to be bound by such modification or revisions. Your continued use of the Site constitutes your acceptance of such modifications. You should visit this page periodically to review these Terms of Use. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits.

TallGrass reserves the right, in its sole discretion, to: (a) terminate, change, suspend or discontinue any aspect of the Site or the Content at any time without notice, and we are not liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period; and (b) restrict, suspend or terminate your access to the Site or any portion thereof, at any time, and/or to terminate the Terms of Use in its entirety as between you and us, for any reason (including but not limited to breach of these Terms of Use or violation(s) of law) or for no reason at all, without prior notice or any notice and without liability to you or anyone or any third party.

The terms, provisions, covenants, and conditions contained in these Terms of Use which, by their terms, require their performance after the expiration or other termination of these Terms of Use will be and remain enforceable notwithstanding the expiration or other termination of these Terms of Use for any reason whatsoever.

13. Notices.

It is the obligation of Registered Users and Purchasers to keep TallGrass apprised of any email and other address changes and TallGrass will not be responsible for any notices or shipments that are not received due to failure of Registered Users or Purchasers to not update this information.

14. Miscellaneous.

These Terms of Use and the use of the Site shall be governed by the laws of British Columbia, Canada. You irrevocably submit to the exclusive jurisdiction of the courts located in the Province of British Columbia. TallGrass makes no representations that the Site or the Content or the products and services offered through the Site are available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.

You may not assign your rights, obligations or liabilities under these Terms of Use without our express written consent, which may be withheld at our sole discretion. We may assign these Terms of Use and its rights and obligations without your consent or notice to you.

You acknowledge and agree that no joint venture, partnership, employment or agency relationship exists between you and TallGrass as a result of these Terms of Use or your use of the Site.

No waiver under these Terms of Use is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege under these Terms of Use precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

TallGrass will be entitled to obtain injunctive relief for actual or threatened violations of these Terms of Use without the need to post a bond or other surety or security. TallGrass will be entitled to recover from you its reasonable legal fees and costs in connection with enforcing its rights under these Terms of Use.

These Terms of Use constitute the entire agreement between you and TallGrass with respect to the subject matter hereof, and supersede all prior or contemporaneous communications, agreements and understandings between TallGrass and you with respect to the subject matter of these Terms of Use.

TallGrass shall be excused from performance under these Terms of Use if TallGrass is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under these Terms of Use by reason of: (a) any provision of any present or future law or regulation, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications or other technological failure or other circumstance beyond the control of TallGrass.

Contact information:

If you have any questions or concerns regarding the Terms of Use, please contact us at:

Email Address: megafood@tallgrass.ca.

Telephone Number: [+1 800-616-5900]

Mailing address: [375 W 5th Ave #201, Vancouver, BC V5Y 1J6]

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