Terms of Service

These Terms of Service govern your use of the website https://produce8.com (the “Site”) and any related services provided by Produce 8 Inc (“P8”, “we”, “us” or “our”).

By accessing the Site, you agree to and accept these Terms of Service as a legally binding agreement between you and P8. If you are agreeing to and accepting these Terms of Service on behalf of a company or other legal entity, you are doing so as their authorized representative. If you do not wish to agree to and accept these Terms of Service as a legally binding agreement between you and P8 or if you do not have the authority of the company or other legal entity you are purporting to represent, then you must leave the Site immediately. If you are under the age of 19, you are prohibited from accessing the Site and you must leave the Site immediately. “You” and “your” refer to you and, if applicable, the company or other legal entity you are representing.

These Terms of Service, the Acceptable Use Policy, the Privacy Policy and the Cookie Policy contain important information about your rights and obligations in using the Site and the Materials and accessing the Software and the rights, obligations, and limitations of P8 in providing the Services. (Materials and Software are defined below. Site, Materials and Software collectively are the “Services”.) The provisions of the Acceptable Use Policy, the Privacy Policy and the Cookie Policy are incorporated into these Terms of Service and form part of the legally binding agreement between you and P8.

We reserve the right to review and amend any of these Terms of Service in our sole discretion. Any amendment of these Terms of Service will take effect immediately upon the date of publication.

These Terms of Service were last amended and published on August 25, 2022.

Limitations of Use

By using the Site, you warrant on behalf of yourself and, if applicable, the company or other legal entity you are representing, that you will not:

  • modify, copy, prepare derivative works of, decompile, or reverse engineer any materials on, or any software accessed through, the Site (respectively, “Materials” and “Software”),
  • remove any copyright or other proprietary notations from the Materials or the Software,
  • transfer the Materials from the Site to another person or “mirror” the Materials on any other server,
  • knowingly or negligently use the Services in a way that abuses or disrupts our networks or any other service P8 provides,
  • use the Services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful information or material,
  • use the Services in violation of any applicable laws or regulations,
  • use the Services in conjunction with sending unauthorized advertising or spam,
  • harvest, collect, or gather user data from the Services without the user’s consent,
  • use the Services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

You are responsible for any breach of the provisions of these Terms of Service by any user whom you have authorized to use the Services.

Intellectual Property

The intellectual property in the Services is owned by or licensed to P8 and is protected by copyright, trade-secret, trademark, or other applicable law. P8 grants permission to you and your authorized users to access and use the Services for personal or internal business use.

This permission constitutes the grant of a license which cannot be sub-licensed by you or your authorized users. This license is not a transfer of any right, title, or interest in any intellectual or other property. This license shall automatically terminate if you violate any of the above limitations of use or any other provision of these Terms of Service, and this license otherwise may be terminated by P8 at any time.

Data

“Data” means the raw data you upload or submit to the Software and the processed result of the raw data generated by you using the Software. You hereby grant P8 an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, worldwide, sublicensable license to use, access, transmit, host, store, and display the Data solely for the purpose of providing and improving the Software. P8 (or its sublicensees) may exercise such license for purposes of providing, maintaining, repairing, administering, and improving the Software or in developing new products or services, including rights to extract, compile, aggregate, synthesize, use, and otherwise analyze all or any portion of the Data. You represent, warrant, and agree that the Data and other materials you provide or make available to P8 will include only information relevant to the Software and the use thereof and will not include any personally identifiable information or any protected health data. You acknowledge and agree that you are solely responsible for all Data you upload or submit using the Software and for your conduct while using the Software. You acknowledge and agree that: (a) you will evaluate and bear all risks associated with the use of any Data; (b) you are responsible for protecting and backing up the Data; (c) you are responsible for protecting the confidentiality of any Data; and (d) under no circumstances will P8 be liable in any way for any Data, including, but not limited to, any errors or omissions in any Data, or any loss or damages or any kind incurred as a result of the use, deletion, modification, or correction of any Data. P8 has no responsibility to store, protect, remove, or delete any Data for you, except as may be expressly set out in the Terms of Service, the Privacy Policy, and the Cookie Policy, and shall have no liability for the deletion of or failure to store any Data. The policies and procedures of P8 relating to personally identifiable information and anonymized and de-identified data are set out in the Privacy Policy.

Liability

The Services are provided by P8 on an 'as is' basis. To the extent permitted by law, P8 makes no warranties, expressed or implied, and hereby disclaims and excludes all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of intellectual property or any other rights.

In no event shall P8 or its suppliers be liable for any Consequential Damages suffered or incurred by you or any third party arising from your or their use or inability to use the Services, even if P8 or an authorized representative of P8 has been notified, orally or in writing, of the possibility of same.

“Consequential Damages” means any indirect or consequential damages, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, loss or corruption of data or aggravated or punitive damages, whether arising under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Despite the governing law of these Terms of Service, the foregoing exclusions may not apply to you in full or in part if by operation of the law of another jurisdiction, if such law applies to some aspect of your use of the Services.

Accuracy of Materials

The Materials are not comprehensive and are for general information purposes only. P8 does not warrant or make any representations concerning the accuracy, likely results, or reliability of access to and use of the Services or the use of any website linked to the Site.

Links

P8 is not responsible for the content of any website linked to the Site or for the consequences of the use by you or any third party of the linked website. The linking of any website to the Site does not constitute and shall not imply endorsement, approval, or control by P8 of the linked website. Use of any such linked website is at your own risk, and we strongly advise you to make prudent and diligent investigation of any linked website.

Right to Terminate

P8 may suspend or terminate your right to use the Services immediately upon written notice to you in the event of any breach by you or your authorized users of any of the provisions of these Terms of Service.

Severance

Any provision of these Terms of Service which is wholly or partially void or unenforceable shall be severed from these Terms of Service but severed only to the extent that such provision is void or unenforceable, and the validity and enforceability of the remainder of such provision and of all other provisions of these Terms of Service shall not be affected.

Governing Law

These Terms of Service are governed by and shall be construed in accordance with the laws of the Province of British Columbia, Canada, and you agree to irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia situated in Vancouver, British Columbia regarding the interpretation of these Terms of Service and any related dispute with P8.

Cookie Policy / Privacy Policy / Acceptable Use Policy

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