Terms and Conditions

Terms of Use

The terms and conditions outlined below shall manage your use of the Avena Foods Website www.avenafoods.com.  By using this Website, you are agreeing to the terms set forth in the Privacy Policy and Terms of Use.  Avena Foods Limited is permitted to revise these Terms at any time as it sees fit.  Your continued use of this Website following the posting of changes to these terms will mean that you accept those changes.

 

INTELLECTUAL PROPERTY RIGHTS

Except as otherwise noted, Avena Foods Limited owns all of the content that is contained in this Website.  As a user, you are granted limited license only for the purposes of viewing this material.  You must obtain Avena Foods written approval to copy, modify, publish, distribute, or transmit any of this content.

 

TRADEMARKS

Trademarks, trade names, logos and designs appearing on the Website are the exclusive property of Avena Foods.  You may not use these or any other Avena Foods Limited trademark or service mark without the prior written permission on Avena Foods Limited or the owner thereof.

 

SITE INFORMATION

While Avena uses reasonable efforts to include accurate and up to date information on the Website, we express no warranties representations as to the accuracy, correctness, reliability or otherwise with respect to such information and assume no liability or responsibility for any omissions or error including, without limitation to, typographical errors and technical errors in the content of this Website.  Also, nothing contained on this Website shall be interpreted as advising you.

The Website may provide links to other information for your convenience, but you are responsible for your own decisions around your interactions with any other Website.

 

DISCLAIMERS OF WARRANTIES

Our website, and the contents thereof, are operated on as “as is” basis, without representation or warranties of any kind.  We disclaim any and all representations and warranties with respect to our website and its contents, whether expressed, implied or statutory, including warranties of tile, merchantability and fitness for a particular purpose.  We do not represent or warrant that (1) the information on the website is accurate, complete or current, (2) the website will operate without error or be available at all times, (3) the website is free from defects, viruses or harmful materials, or (4) your use of the content on our website will produce successful results.

 

LIMITATION OF LIABILITY

Avena will not be liable for any direct, indirect, consequential, special, punitive, or exemplary losses or damages as a result of your use of our Website or inability to use or Website.  This applies to all losses or damages of any kind, whether special, consequential, incidental or exemplary, including loss of data or profit, loss of contract, negligence of other tortuous interference.  This is true even if one our representatives has been advised or should have known of the possibility of such damages.  If you are dissatisfied with our Website or any of the content our on Website, or with the terms and conditions described here, then your sole action is to discontinue using our Website.  Your use of our Website is at your own risk.

 

INDEMNIFICATION

You hereby indemnify, defend and hold Avena harmless and our officers, directors, employees, agents, representatives, licensors and suppliers from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney fees) arising in any way related to your use of our Website and breach of any of the provisions of these Terms.

 

JURISDICATION

This agreement shall be governed and construed in accordance with the laws of Province of Saskatchewan, Canada, without regard to conflict of law rules.  Any disputes relating to the Website, and/or your use of the Website, as subject to the exclusive jurisdiction of the courts of the Province of Saskatchewan and you consent to the personal jurisdiction of the courts of the Province of Saskatchewan for the purpose of resolving such disputes.  If you use our Website outside of the Province of Saskatchewan, you are responsible for compliance with any laws affecting you.

If any provision in this Agreement is invalid, illegal, or incapable of being enforced, then such provisions shall be severed from this Agreement and shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this Agreement.