Terms, Conditions & Cancellation Policy
By continuing on this site, or downloading any of the products, services, viewing the articles, videos and all its content you are agreeing to the terms & policies of this site.
Visitors. Persons who visit or view this website, whether intentionally or unintentionally, whether solicited or unsolicited, are described in this Policy as “visitors”.
Subscribers. Persons who subscribe to lists, or newsletters associated with this website, or purchase a magazine are referred to in this Policy as “Subscribers”.
Members. Persons who join an organization or marketing endeavour such as “affiliates” who are promoted by this website may be referred to as “Members”.
Customers or Clients. Anyone who orders, attempts to order, ore receives a product or service sold or advertised on or delivered from this website, even at no charge, is referred to as a “Customer” or “Client.” Customers or clients are subject to this Policy by passive acceptance and also as a consequence of the Purchase Agreement, if any, contained on this website.
This policy applies to all users of the Websites including users who are also contributors of content, information, and other materials or services on the Websites.
This Policy pertains to persons excluded from this website. A person who is excluded or prohibited from viewing this website for any reason, including but not limited to, the Terms of Use or due to denial of service by the website, but who continues to view this site unlawfully, remains subject to the terms of this Policy and is in violation of the Terms of Use Policy.
Viewing and or use and or communication is construed as acceptance of the terms of this Policy. You must accept, and you are deemed to have accepted, the terms of this Policy if you visit the website. If you do not accept all the terms of this Policy, you are not entitled to visit this site and you must leave this website immediately.
All persons under the age of 18 are prohibited from accessing this website. If you are under 18 years of age, it is unlawful for you in any manner to visit this website and you must leave this site immediately. This website specifically denies access to any person that is covered by the child online privacy act of 1998 (COPA).
We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions. You MUST BE OVER 18+ years of age to submit a question. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of www.earthhaven.ca website means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials from Earth Haven Farm pages, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by www.earthhaven.ca. You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on www.earthhaven.ca site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by www.earthhaven.ca or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information that you send to Earth Haven Farm through our site (other than information we promise to protect under our privacy policy) becomes and remains our property, even if this agreement is later terminated.
That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our www.earthhaven.ca mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or state of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 customer account, the same credit card, and/or orders that use the same billing and/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 and/or billing address/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 through our store. 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.
Limitation of Liability
Earth Haven Farm and its group of companies and any affiliates WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES)
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN PROVINCIAL LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Readings Disclaimer
The Readings on this Site are provided to our visitors for entertainment purposes only. We make no claims our Readings should be used for any purpose beyond entertainment and strongly discourage the use of these readings for any reason other than amusement.
This Site and its owners and agents are not liable for any direct, incidental, consequential, indirect, or punitive damages arising from your access to or use of this Site or any contents on this Site.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a www.earthhaven.ca - operated site or have moved to another site. www.earthhaven.ca are not responsible for the content or practices of third party sites that may be linked to our site. When www.earthhaven.ca provide links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that www.earthhaven.ca is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any www.earthhaven.ca site or endorsement, sponsorship or support of www.earthhaven.ca, including its respective employees, agents or directors.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of Canada, you are responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of Ontario, Canada, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate www.earthhaven.ca and/or its affiliates’ intellectual property rights, www.earthhaven.ca and/or its affiliates may seek injunctive or other appropriate relief in any provincial or federal court in the province of Ontario, Canada, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Belleville, Ontario, Canada. Any costs and fees other than solicitors/legal/attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Belleville, Ontario, Canada under the rules of Canadian Arbitration laws. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
www.earthhaven.ca may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.
Last updated January 2017
