Terms and Conditions
Egg Farmers of Canada (“EFC”) maintains the National Environmental Sustainability Tool (“NEST”), which provides sustainability assessments and sustainability information related to the Canadian egg industry, and other materials (the “Content”). NEST is provided to you subject to your compliance with these terms and conditions of use (“Terms and Conditions”). These Terms and Conditions apply to NEST. By accessing or using NEST, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access or use NEST.
Modification to the terms and conditions
EFC reserves the right to change these Terms and Conditions at any time, and your continued access to or use of NEST after such changes indicates your acceptance of these Terms and Conditions as modified. It is your responsibility to review these Terms and Conditions regularly.
The downloading of Content is done at your own risk. EFC cannot and does not guarantee or warrant that NEST or the Content will be free of viruses, worms, trojan horses or disabling devices, or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of NEST.
Disclaimer and limitation of liability
NEST AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF NEST OR THE CONTENT IS AT YOUR OWN RISK. EFC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF NEST OR THE CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, EFC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO NEST AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT NEST OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL EFC BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT EFC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, NEST OR THE CONTENT.
Except as otherwise provided in our Privacy Statement, any material, information or other communications that you transmit via NEST or post to NEST (the “Communications”) will be considered non-confidential and non-proprietary. Except as otherwise provided in our Privacy Statement, EFC and its affiliates or others may copy, display, post, transmit, disclose, communicate or otherwise use the Communications.
Use of NEST
You may use NEST and the Content only for your own personal non-commercial purposes or benefit or for non-commercial educational purposes. You acquire absolutely no rights or licences to NEST or the Content other than the limited right to use NEST and the Content in accordance with these Terms and Conditions. Except as provided in these Terms and Conditions, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on NEST or the Content, in whole or in part, and any disassembly, reverse engineering or other exploitation of NEST, without EFC’s prior written permission, is strictly prohibited. You may not frame NEST or the Content or any part thereof on any commercial or non-commercial Internet website.
No unlawful or prohibited use
You agree that you will not use NEST for any purpose that is unlawful. You are prohibited from posting or transmitting to or from NEST any virus, defect or other harmful disruptive component; or any unlawful, threatening, libellous, profane, defamatory, obscene or pornographic material; or any material that would infringe the copyright or other intellectual property rights of another party.
Links to third-party content
NEST contains links to third party websites. EFC does not endorse the information contained in those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under EFC’s control, and if you choose to access any such website, you do so entirely at your own risk.
These Terms and Conditions are governed by the laws of the Province of Ontario and the applicable laws of Canada, and these laws apply to the use of NEST or the Content by you, notwithstanding your domicile, residency or physical location. NEST and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
These Terms and Conditions, including any documents referenced herein, constitute the entire agreement between EFC and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EFC with respect to NEST. EFC’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as waiver of any provisions or rights. If any of the provisions in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.
Copyright and trademark notices
© 2008 – 2021 Egg Farmers of Canada. All rights reserved. No part of NEST or the Content may be reproduced, modified, distributed, sold, published, broadcast, retransmitted or circulated in any form without the prior written consent of EFC, except to the extent that such use is for your personal non-commercial use or for non-commercial educational purposes. To request such consent, please contact us. All copies must include this copyright notice.
Any rights not expressly granted herein are reserved.
The trademarks Start Clean – Stay Clean, “Get Cracking” and the Eggmark logo are all trademarks of Egg Farmers of Canada.
Egg Farmers of Canada is the trade name for Canadian Egg Marketing Agency, which was established December 15, 1972 under the Farm Products Agencies Act.