PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THIS WEBSITE.
  1. Acceptance and Modifications
These terms of use, and all documents referenced herein (collectively, the “Terms of Use”), set out the terms and conditions that apply to your use of https://treeoflife.ca/, including any and all materials, documentation, information and other content provided thereon (collectively, the “Website”). Your access and use of the Website constitutes your agreement to be bound by these Terms of Use, which establish a contractual relationship between you and Tree of Life, ULC (“Tree of Life”). By accessing or otherwise using the Website, you acknowledge that you have read these Terms of Use and that you understand and agree to be legally bound by them. If you do not accept these Terms of Use, you must not access or use the Website. Tree of Life may, in its sole discretion, modify, supplement or amend these Terms of Use at any time, without notice or liability, by posting revised Terms of Use on the Website. Your continued use of the Website after such changes signifies your acceptance of the revised Terms of Use.
  1. Account Set-Up
In order to access or utilize certain aspects of the Website, you may be required to establish and maintain an account (“Account”). In order to create an Account, you will be required to provide certain personal data, all of which is subject to the Privacy Policy (as defined in Section 5). You must provide accurate and complete information when creating your Account. Tree of Life reserves the right to suspend or terminate your Account if you, intentionally or otherwise, provide inaccurate or incomplete information, or fail to comply with these Terms of Use or any account creation requirements. By using the Website, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, otherwise you may not register for or use an Account. Your Account may be accessed only by use of your login name and password. You will choose your own username and password upon registration for the Website. You are solely responsible and liable for any use and/or misuse of your login name and password and for all activities that occur under them. For security reasons, you must keep your login name and password confidential, and not disclose them to any person or permit any other person to use them, except an authorized representative of Tree of Life. Tree of Life recommends that You choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you should log out at the end of each session. Tree of Life reserves the right to require you to change your username and/or password, from time to time, as applicable. All Accounts, login names and passwords remain the property of Tree of Life and may be cancelled or suspended at any time by Tree of Life without any notice or liability to you or any other person. Tree of Life is not under any obligation to verify the actual identity or authority of the user of any login name or password. You must immediately notify Tree of Life of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost, stolen, has become known to any other person, or has been otherwise compromised.
  1. Accuracy of Information
Tree of Life relies on the information you provide through the Website, including your Account information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Tree of Life or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to keep your Account information up to date. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Tree of Life regarding any information you provide. Unauthorized use, including accessing non-public portions, circumventing security, or disrupting functionality, is strictly prohibited and may result in legal action.
  1. Technical Requirements
Your use of the Website may require the device you use to access the Website (“Device”) to be connected to the Internet. You are solely responsible for the cost and maintenance of any such Internet connection, including any data usage, roaming or other charges that you incur. Further, you acknowledge that, from time to time, you may be unable to access or use the Website. Your access or use of the Website may be subject to certain minimum technical requirements. It is your responsibility: (a) to ensure that you have access to the hardware and/or software platforms required to access and use the Website; and (b) for updating and maintaining your Devices or Internet connection. Tree of Life reserves the right to change or cease support of any hardware or software platforms at any time.
  1. Privacy
You acknowledge that you have read the Tree of Life privacy policy, available at https://treeoflife.ca/privacy-policy/, as updated from time to time (the “Privacy Policy”), the terms of which are incorporated into these Terms of Use, and you agree that the terms of the Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by Tree of Life in accordance with the terms of and for the purposes set out in the Privacy Policy. You understand that Tree of Life may monitor and track your usage of the Website. You acknowledge that, subject to the Privacy Policy, Tree of Life may disclose information relating to your use of or access to the Website that is necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction.
  1. Intellectual Property
The Website consists of graphics, texts, icons, buttons, videos, software, audio and other files, images and other materials that are the property of Tree of Life and/or its various subsidiaries, affiliates and third-party providers (collectively, “Third Parties”) and are protected to the fullest extent permitted by applicable law, including copyright, trademark, patent and all other applicable intellectual property laws. Certain names, graphics, logos, icons, designs, words, titles and phrases contained within the Website may constitute trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of Tree of Life or the applicable Third Party. All Trademarks are and shall remain the sole and exclusive property of their respective owners. You may not copy, reproduce, distribute, or create derivative works from any content on the Website without express written consent from Tree of Life. The Website consists of various graphics, texts, icons, buttons, videos, software, audio and other files, images and other materials that have been provided by Tree of Life and/or its various subsidiaries, affiliates and third party providers (collectively, “Third Parties”). Tree of Life and the applicable Third Parties own all right, title, and interest in and to any and all content provided by such parties for the Website, including all such information in text, graphical, video, audio and other formats, images, icons, designs, trademarks, brand names and software (collectively, the “Content”). You acknowledge that the Website, including, for clarity, the Content, is protected to the fullest extent permitted by applicable law, including copyright, trademark, patent and all other applicable intellectual property laws. Certain names, graphics, logos, icons, designs, words, titles and phrases contained within the Website may constitute trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of Tree of Life or the applicable Third Party. All Trademarks are and shall remain the sole and exclusive property of their respective owners. You may not copy, reproduce, distribute, or create derivative works from any content on the Website without express written consent from Tree of Life.
  1. Use of Site
Your use of the Website does not grant or transfer to you any ownership or other rights in the Website and, except as expressly provided herein, nothing herein or within the Website shall be construed as conferring on you or any other person any license under any of Tree of Life’s or any Third Party’s intellectual property or other rights. Any rights not expressly granted to you in these Terms of Use are expressly reserved by Tree of Life and/or the applicable Third Party. You shall not, directly or indirectly:
  • copy, reproduce, distribute, modify, adapt, create derivative works from, publicly display, republish, transfer, transmit, sell, compile for an internal database or store any Website content, in any form or by any means, without the express written permission of Tree of Life or the applicable Third Parties;
  • (i) reverse engineer, disassemble, decompile, or translate the Website; (ii) attempt to derive the source code of the Website; (iii) create any derivative work from the Website; (iv) use the Website to create a competing product; and/or (v) authorize or assist any third party to do any of the foregoing;
  • use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website;
  • post or transmit to the Website any unlawful, fraudulent, harassing, libelous, infringing of third-party intellectual rights, or obscene information of any kind;
  • post or send to the Website any information that contains a virus, bug, or other harmful item;
  • take any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure; or
  • circumvent any technical measures Tree of Life uses to provide the Website, including violating the security of any computer network, cracking any passwords or security encryption codes, or using any robot, spider, scraper or any other means, manual or automated, to access the Website for any purpose.
In its sole discretion, in addition to any other rights or remedies available to Tree of Life and without any liability whatsoever, Tree of Life may at any time and without notice terminate or restrict your access to any component of the Website.
  1. Liability Disclaimer – Read Carefully
Except as expressly provided in these Terms of Use, and to the fullest extent allowed by law, Tree of Life makes no representations or warranties of any kind – express, implied, statutory, or otherwise – regarding the Website, which is offered on an “as is” and “as available” basis. Tree of Life expressly disclaims all representations, warranties, guarantees, covenants, and conditions relating to the Website, whether express, implied, statutory, or otherwise. This includes any implied warranties or conditions of merchantability, fitness for a particular purpose, quality, title, accuracy, completeness, and non-infringement. In particular, Tree of Life does not represent or warrant that:
  • the Website will be compatible with your Device or software;
  • the Website will be accurate, reliable, complete, current, or suitable for any particular purpose;
  • Website operation or access will be uninterrupted, secure, timely, or error-free;
  • defects or errors will be corrected;
  • the Website will be free from infections, viruses, malware, or harmful components;
  • communications to or from the Website will be secure or not intercepted; or
  • your use of the Website will meet any particular requirements.
Your use of the Website is solely at your own risk, and you are responsible for any damages you may incur. Tree of Life shall not be liable for user conduct on the Website or for any damages to your Device or other property arising from your access to, use of, or downloading of any content from the Website. This applies regardless of Tree of Life’s awareness or potential foreseeability of such damages.
  1. Maximum Liability
Under no circumstances will Tree of Life be liable for any direct, indirect, punitive, special, incidental, exemplary, or consequential damages, including damages for loss of use, data, profits, business interruption, or any other damages, arising from or related to your use or performance of the Website. You acknowledge that you use the Website at your own risk, and your sole remedy for any claim, loss, damage, cost, or expense is to discontinue use of the Website. If Tree of Life is found liable for any loss or damage arising from the use or functions of the Website, its total aggregate liability shall not exceed $[100.00] (CAD).
  1. Indemnity
To the fullest extent permitted by applicable law, you agree to indemnify, defend (at Tree of Life’s discretion), and hold harmless Tree of Life, its affiliates, directors, officers, employees, agents, and representatives from and against any and all claims, losses, liabilities, damages, suits, actions, penalties, demands, costs, and expenses (including reasonable legal and advisory fees) arising from or related to:
  • your access to or use of the Website and related activities;
  • any breach of these Terms of Use by you;
  • your violation or anticipated violation of any applicable laws in connection with your use of the Website;
  • any misrepresentation by you;
  • your contribution to the injury, illness, disability (including permanent disability), or death of a third party; and
  • Tree of Life’s permitted use of any information you submit through the Website.
  1. External Links
The Website may contain links to other websites that are not maintained or affiliated with Tree of Life. Tree of Life is not responsible for content on third party websites and does not endorse or verify them. These links are for your convenience only and do not imply endorsement or verification of content or practices. It is your responsibility to review and comply with linked websites’ terms and take precautions to protect against harmful software or data, including using antivirus software. Linking to any other website is at your sole risk, and Tree of Life assumes no liability for damages from such linking. You may not gather, extract, reproduce and/or display on any non- Tree of Life website, any information or material on or from the Website, whether or not by the use of data mining, robots, spiders or other ‘screen scraping’ software or system used to extract data without Tree of Life’s consent.
  1. Applicable Laws
These Terms of Use and your use of the Website shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to any conflict of laws provisions. You expressly attorn to the exclusive jurisdiction of the courts located in the Province of Ontario in connection with any matter arising out of or relating to the Website or these Terms of Use, unless otherwise agreed by Tree of Life in its sole discretion.
  1. Survival
All obligations that by their nature survive the termination or expiration of these Terms of Use and/or your access to and/or use of the Website will survive any termination or expiration hereof.
  1. Entire Agreement
These Terms of Use, together with any rules, policies or guidelines posted on the Website by Tree of Life or incorporated or referred to herein, including the Privacy Policy, constitute the entire agreement between you and Tree of Life with respect to the subject matter hereof, and supersede all other or prior communications, representations or agreements, whether electronic, oral or written, regarding the subject matter of these Terms of Use, and may not be amended or modified except by Tree of Life.
  1. Miscellaneous
The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use. Every use of the words “including” or “includes” in these Terms of Use is to be construed as meaning “including, without limitation” or “includes, without limitation”, respectively. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected. These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms of Use to any other party without Tree of Life’s prior written consent, which consent may be withheld in Tree of Life’s sole discretion. Tree of Life will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by Tree of Life. No delay or omission by Tree of Life in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The failure of Tree of Life to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver of, or limit, its right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use.
  1. Feedback and Questions
Tree of Life appreciates any feedback and other suggestions you may have regarding the Website. In doing so, you consent to Tree of Life’s use of such feedback or suggestions without any restrictions or obligation to compensate you for them, and acknowledge that Tree of Life is under no obligation to keep them confidential. If you would like to relay any feedback or have any questions about Tree of Life and/or the Website, please direct them to: Tree of Life Canada, ULC 6185 McLaughlin Rd Mississauga, ON L5R 3W7 Email: canada.communications@treeoflife.com

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