Canfax Membership and Subscription Agreement

THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY.

Terms of the Subscription Agreement

Under this Agreement ("Agreement"), Canfax ("we", "our" or "us") makes available on-line cattle market information to Canfax subscribers or authorized users ("you", "your" or "subscriber"). By selecting "I ACCEPT" when you enter the “Members Only Section” of the Canfax website ("this Site"), you agree to be bound by this Agreement. This Agreement sets out the terms and conditions on which Canfax agrees to grant you access to the cattle market information on this Site. You must agree to be bound by all these terms and conditions in order to become and remain an authorized user of the Site.

This Membership and Subscription Agreement represents the complete agreement and understanding between you and Canfax and this agreement supersedes any prior written or verbal agreement regarding access to and use of the cattle market information on this Site.  You can read a current copy of this Agreement any time by clicking the Print button.

Username and Password

You are responsible for all use of the Site made using your username and password, whether or not the use is made by you or by someone else using your username and password. You are responsible for protecting and securing your username and password from unauthorized use. You agree not to share your username and password with third parties for unauthorized access to the Members only section of the Site. If you believe there has been a breach of security of your username or password, such as theft or unauthorized use, you should notify Canfax immediately by e-mail to subscriptions@canfax.ca.

Copyright and Limited Permission to Copy

Unless otherwise stated, the copyright and similar rights in all material published on the Site are owned by Canfax. You are permitted to print or download the reports and extracts from this material solely for your own personal or business use. None of this material may be used for any commercial or public use.  No part of the Site or any cattle market information appearing on the Site may be reproduced or stored in or transmitted to any other website, computer or server.  No cattle market information material appearing on the Site may be disseminated in any form, either electronic or non-electronic, nor included in any retrieval system or service without the prior written permission of Canfax and the payment of a specified fee. Any request for permission may be sent in writing to Canfax.

Charts produced by Canfax can be used in PowerPoint presentations and reports and commentary may be quoted provided such use clearly shows that Canfax is the author and the owner of the copyright in the material used.

Any use by a corporate member is restricted to the number of users included in the corporate subscription rate. All persons accessing the cattle market information in this Site through a corporate subscription are bound by this Agreement.

Remedies for Breach of this Agreement

If you breach the terms of this Agreement, all membership and subscription privileges will be immediately terminated.  Any renewal of a subscription that was terminated for breach of this Agreement will be at a rate three times the current subscription rate for the first year following the year the subscription was terminated.

Disclaimer

Canfax does not give any warranty or other assurance as to the operation, quality or functionality of the Site or its fitness for any particular purpose. Access to the Site may be interrupted, restricted or delayed for any reason. In compiling the cattle market information available on this Site, Canfax have done so in good faith, used the most current information available and have taken reasonable efforts to ensure that the information is accurate and reliable.  However, Canfax does not give any warranty or other assurance as to the accuracy, completeness, currentness or other characteristics of the cattle market information appearing on the Site, its accuracy, completeness, timeliness or fitness for any particular purpose whether or not caused in whole or in part by our negligence or by contingencies beyond our control. To the full extent permissible at law Canfax disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or any cattle market information appearing on the Site, or from any action or decision taken as a result of using the Site or any cattle market information.  

Protected Rights

The name and logo of Canfax are registered trademarks. You are not permitted to use or reproduce or allow anyone to use or reproduce these trademarks for any reason. The software that operates the Site is proprietary software and you are not permitted to use it except as expressly allowed under the terms of this agreement. Any other use or purported licensing, modification, enhancement or interference is strictly prohibited.

Assignment

This Agreement and any rights arising out of this Agreement may not be assigned in whole or in part by you without the written consent of Canfax.

Changes to the User Agreement

Canfax may add to or change the provisions of this Agreement from time to time. All additions and changes will be notified to you by being posted on this page. On notice published on the front page of the Members Only Section, Canfax may, at its sole discretion, amend the terms and conditions of this Agreement.  It is your responsibility as a user to refer to these additions and changes. They will come into effect immediately on being posted.  Your continued use of this Site shall be deemed your acceptance of any modifications made to this Agreement. If you do not wish to accept them, you must terminate your Canfax Subscription.

Governing Law

This Agreement shall be governed by the laws of the Province of Alberta, Canada without regard to laws governing conflict of laws. If the Application is executed by the Applicant outside of Alberta it will be treated as if executed in Alberta. The parties irrevocably attorn to the jurisdiction of the Courts of the Province of Alberta and further agree that any action relating to this Agreement shall be brought in the courts of competent jurisdiction in the Province of Alberta.

Survival

Any terms which by their nature are intended to survive the termination of this Agreement shall continue in full force and effect after termination of your Canfax membership.