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 are agreeing to and accepting these Terms of Service as an authorized user on the account of another person, company or legal entity, your are doing so as on your own behalf. 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.
If you have created an account, whether on your own behalf or on behalf of a company or other legal entity, and you have provided access to the Site to another person as an authorized user of that account, you are responsible for, and jointly and severally liable with the authorized user for, the use of the Site and the Services (as defined hereinafter) by such authorized user.
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 March 1, 2023.
By using the Site, you warrant on behalf of yourself and, if applicable, the company or other legal entity you are representing, and, if applicable, any person to whom you have provided access to the Site as an authorized user, that you will not:
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.
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.
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.
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.
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.
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.
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.
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.