Welcome to www.richardson.ca, the official website (the “Website”) of Richardson International Group, which is comprised of Richardson International Limited and all of its various divisions, subsidiaries and affiliated companies, including without limitation Richardson Pioneer Limited, Richardson Oilseed Limited, Richardson Oilseed Eastern Canada Limited, Richardson Milling Limited, Richardson Milling Inc. and Richardson International (Quebec) Limited / Richardson International (Québec) Limitée (collectively, the “Richardson International Group”). Please read these terms and conditions (this “Agreement”) carefully as they govern your access and use of the Website. Please note that your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use this Website. The Richardson International Group may amend this Agreement at any time, at their sole discretion, by posting an amended Agreement on the Website. Any amendment that the Richardson International Group makes to this Agreement will be effective immediately upon posting. You are deemed to have agreed to any amendment by virtue of your continued use of the Website. If you object to any such amendment, your recourse is to cease using the Website.
1. Ownership. The Website and all of its content is the property of one or more members of the Richardson International Group and third parties and is protected under applicable copyright and trade-mark law. The names and logos identifying the Website and the Richardson International Group and their products and services are either trade-marks of one or more of the Richardson International Group or trade-marks which the Richardson International Group is licensed or otherwise authorized to use. Any text, design, photographs, pictures or artwork displayed on the Website are either owned by a member of the Richardson International Group or are licensed for use by the Richardson International Group. Except as expressly provided herein, nothing shall confer on you any licence of or right to use any such design, artwork, photograph, picture, mark or of any other intellectual property right of the Richardson International Group or any third party.
2. Limited Licence and Restrictions. You may not use the Website if you live in a jurisdiction where access to or use of the Website may be illegal or prohibited by applicable law. You agree that the material and content contained on the Website is made available to you for your lawful and personal use and that you may only download such material and content for the purpose of viewing the Website from a single personal computer. You agree that any other use of the material and content of the Website is strictly prohibited and you agree that it is strictly prohibited and is a violation of the Richardson International Group’s intellectual property rights to copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website, or to assist or facilitate any third party to do the foregoing, without the Richardson International Group’s written permission.
3. Termination. The Richardson International Group shall be entitled to terminate your permission to use the Website and/or shall be entitled to terminate the operation of the Website at any time, without notice.
4. Your Conduct. You warrant and undertake that in your use of the Website you shall:
(a) use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party;
(b) not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
(c) not transmit or distribute any material or information which contravenes any applicable law or any person's legal rights; and
(d) use current virus monitoring software when using the Website.
5. Inaccuracies. The Richardson International Group endeavours to present the most recent, most accurate, and most reliable information on the Website at all times. However, there may be occasions when some of the information may contain incomplete data, typographical errors, or inaccuracies, including incorrect specifications for products and/or information on services. The Richardson International Group presents all content on the Website “as is” and the Richardson International Group does not make any claims as to its accuracy, either expressed or implied. The Richardson International Group reserves the right to amend errors or to update product and service information at any time without prior notice. The Richardson International Group does not warrant that the content of the Website, including, without limitation, product and service descriptions, is accurate or complete. In the event that a product or service is listed at an incorrect price, the Richardson International Group shall have the right to refuse any orders made for such product or service.
6. Crop Calculator and other Tools. Portions of the Website may contain cost of production calculators and other online tools (collectively, “Tools”) which may assist you in your planning. However, hypothetical performance results have many inherent limitations. For example, there are many factors which cannot be fully accounted for in the preparation of hypothetical performance results, any of which can adversely affect actual results, including, without limitation, weather conditions, crop production and crop quality, world agricultural commodity prices and markets, credit risk, foreign exchange risk, changes in government policy and transportation deregulation, international trade matters, global political and economic conditions, including grain subsidy actions and tariffs of the United States and the European Union. The results generated by the Tools do not represent professional advice or an endorsement or recommendation of any particular strategy or system by the Richardson International Group. You acknowledge that the Tools are an analytic tool only and are not intended to replace your own individual research or receipt of independent professional advice or application of your own judgment. As with the rest of the Website, the Tools are provided on an “as is” basis. All information, results and forecasts generated by the Tools are provided without warranties as to performance, fitness, merchantability, and/or any other warranty whatsoever, whether expressed or implied. All direct or indirect risk related to use of the Tools is borne entirely by you. You acknowledge and agree that you assume full responsibility to make your own business decisions, based upon your own assessment of your objectives, risk propensity, risk capital, expertise and experience, whether as a producer or otherwise. Under no circumstances is any member of the Richardson International Group responsible for your production or business results or for performance based upon decisions that you make which may be based in whole or in part upon any information, results or forecasts generated by the Tools.
7. Availability. Many featured items are selected in limited quantities, may not be available in all of the Richardson International Group’s outlets and only available while supplies last. Some products and services offered for sale by the Richardson International Group may not be available in all jurisdictions where its members carry on business.
8. Product Information. The prices displayed on the Website, if any, are quoted in Canadian Dollars. The Richardson International Group attempts to ensure that product information displayed is current and accurate, but such information may be updated or corrected at any time, and without notice. If you have questions or concerns with respect to products, pricing or product specifications, please contact the Richardson International Group.
9. Advertisements. Any advertisements on the Website are invitations to you to make offers to purchase product and services and are not offers to sell.
10. DISCLAIMER. THE WEBSITE AND ITS CONTENTS (INCLUDING WITHOUT LIMITATION THE TOOLS) ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THE WEBSITE AND/OR ITS CONTENTS. THE RICHARDSON INTERNATIONAL GROUP AND THEIR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
11. EXCLUSION OF LIABILITY. NEITHER THE RICHARDSON INTERNATIONAL GROUP NOR ANY OF THEIR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR ITS USE OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUES, BUSINESS OPPORTUNITY, SAVINGS, INCOME, PROFITS, USE, WAGES, MATERIAL, CAPITAL, PRODUCTION, REPUTATION OR GOODWILL OR PAYMENT SETTLEMENT LIABILITY, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY THE RICHARDSON INTERNATIONAL GROUP OR ANY PERSON FOR WHOM THE RICHARDSON INTERNATIONAL GROUP IS RESPONSIBLE EVEN IF THE RICHARDSON INTERNATIONAL GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. EXCLUSIVE REMEDY. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE RICHARDSON INTERNATIONAL GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING, WITHOUT LIMITATION, GROSS NEGLIGENCE AND FUNDAMENTAL BREACH), ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT SHALL BE $100.
13. Linking, Framing and Data Mining. The Richardson International Group makes no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. Links to the Website without the express written permission of the Richardson International Group are strictly prohibited. When you access any other website you understand that it is independent from the Richardson International Group and that the Richardson International Group has no control over the content or availability of that website. In addition, a link to or from any other website does not mean that the Richardson International Group endorses or accepts any responsibility for the content, or the use of, such website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.
14. Social Media Links. Any links of the Website, the content on the Website or any designs, logos, pictures or text from the Website or related to the Website, on any platform, application, other website or social media network requires the express written consent of the Richardson International Group. Upon request of the Richardson International Group, you agree, and you authorize any other website, platform or social media network provider, to remove any content, link or reference from the Website or to the Richardson International Group.
15. Submissions. While the Richardson International Group welcomes your comments and feedback regarding the Website and the Richardson International Group’s products and services, the Richardson International Group does not wish to receive any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to the Richardson International Group shall become and remain the property of the Richardson International Group. To the extent that ownership of such submissions does not vest with the Richardson International Group, you grant the Richardson International Group a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable right to exploit, in any way, commercially or otherwise, such submissions, with the right to sublicense. Any disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission.
15. Indemnification. You agree to indemnify, defend, and hold harmless the Richardson International Group, their, officers, directors, employees, agents, affiliates, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from (a) any violation of these terms and conditions, (b) any allegation that any information or material submitted by you to the Richardson International Group violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
16. Canada. Unless otherwise specified, the materials on this Website are displayed solely for the purposes of promoting the Richardson International Group products and services available in Canada and the Richardson International Group makes no representation that any products or services referred to in the Website are appropriate for use in or available for delivery to other locations outside of Canada. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
17. Login Credentials. Parts of the Website may only be accessible to users who have been issued a login name and password (collectively "Credentials") by the Richardson International Group. If you are granted Credentials for the purposes of accessing any such secure part of the Website, the Credentials remain the property of the Richardson International Group and may be cancelled or suspended at any time by the Richardson International Group in their discretion without any notice or liability to you or any other person. Any such access by you to a secure part of the Website using Credentials will be expressly subject to the additional policies, terms and conditions established for such use by the Richardson International Group. The Richardson International Group is not under any obligation to verify the actual identity or authority of any person using Credentials to access and use the Website. The Richardson International Group may act upon any communication that is given with the use of Credentials. If you have been issued Credentials to access a secure part of the Website: (i) you are fully responsible and liable for the security of the Credentials and any and all use and misuse of the Credentials; (ii) you will keep the Credentials secure and confidential at all times and not disclose the Credentials to any other person or permit any other person to use the Credentials; (iii) you will immediately notify the Richardson International Group by email to firstname.lastname@example.org if you know or suspect that any Credentials have been lost or stolen or become known to or used by any other person; and (iv) you will abide by all additional policies, terms and conditions applicable to such use.
19. Severability. If any of term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
20. Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be binding on the Richardson International Group unless consented to in writing by the Richardson International Group. No waiver of any provision of this Agreement by the Richardson International Group shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided. The Richardson International Group shall be entitled to amend this Agreement in accordance with the first paragraph of this Agreement.
21. Force Majeure. The Richardson International Group shall not be liable for any breach of this Agreement by it, or any impediment to your use of the Website, to the extent that such breach or impediment arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of any member of the Richardson International Group.
22. Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.
24. Language. The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes et tout document y affèrent soient rédigés en langue anglaise.