Terms of Service and Conditions of Use

Overview

The CSGA eLearning website, csgalearn.ca (the “Site”), is offered to you on your acceptance without modification of Terms of Service and Conditions of Use contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.

The Site is operated by the Canadian Seed Growers’ Association (CSGA). Throughout the Site, the terms “we,” “us,” and “our” refer to CSGA. CSGA offers this website, including all information, tools and services available on the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting the Site and/or purchasing learning materials, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service and Conditions of Use,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service and Conditions of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of its services.

Any new features or tools added to the Site shall also be subject to the Terms of Service and Conditions of Use. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service and Conditions of Use by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Section 1 – Terms of Purchasing eLearning Modules

By agreeing to these Terms of Service and Conditions of Use, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site. You also agree that if you have obtained the consent of any individuals you are registering to use or have access to this Site.

Products may not be used for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse Service for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness and Timeliness of Information

The material on the Site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. The Canadian Regulations and Procedures for Pedigreed Seed Crop Production, commonly referred to as Circular 6, is the primary resource and authority for current requirements that a seed grower and a seed crop must meet for seed crop certification. Any reliance on the material on the Site is at your own risk. We are not responsible if information made available on the Site is not accurate, complete, or current.

CSGA is a bilingual organization, operating in both official languages of Canada, French and English. All official CSGA documents will be available in English and in French, subject to operational considerations and the needs of clients, members, and the public. While we are committed to providing our eLearning information in both languages, we are not responsible for any translation errors, omissions, or inaccuracies. 

Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

Section 4 – Modifications to The Service and Prices

Prices for our eLearning modules are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 – Accuracy of Billing and Account Information

We reserve the right to refuse an order. At our sole discretion, we may limit or cancel quantities purchased per person, per household, per organization, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made through CSGALearn.ca. You agree to promptly update your account and other information, including your email address, so that we can contact you as needed.

Section 6 – Copyright and Trademark Notices

All contents of the Canadian Seed Growers’ Association’s (CSGA) eLearning website, CSGALearn.ca are copyright 2021 by CSGA. All rights reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Section 7 – Third-party Links

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with CSGA. We are not responsible for examining or evaluating the content or accuracy. We have no liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 8 – Personal Information

Our Privacy Policy governs personal information collected through the store.

Section 9 – Errors, Inaccuracies and Omissions

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 10 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service and Conditions of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 11 – Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

From time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall the CSGA, our directors, employees, affiliates, agents, contractors, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. CSGA and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Section 12 – Indemnification

You agree to indemnify, defend and hold harmless the CSGA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to:

         a. your use or attempted use of the Services in violation of these Terms;
         b. your violation of any law or rights of any third party; or
         c. User Content, including any claim of infringement or misappropriation of intellectual property or other proprietary rights without limitation.

Section 13 – Severability

In the event that any provision of these Terms of Service and Conditions of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service and Conditions of Use, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 14 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service and Conditions of Use are effective unless and until terminated by either you or CSGA. You may terminate these Terms of Service and Conditions of Use at any time by notifying us that you no longer wish to use our Services or when you cease using the Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service and Conditions of Use, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 15- Governing Law

These Terms of Service and Conditions of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ottawa, Ontario, Canada.

Section 16 – Changes to Terms of Service and Conditions of Use

The most current version of the Terms of Service and Conditions of Use at any time is available on this page.

At our sole discretion, we reserve the right to update, change or replace any part of these Terms of Service and Conditions of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use or access of the Site or the Service following the posting of any changes to these Terms of Service and Conditions of Use constitutes acceptance of those changes.

Section 17 – Contact Information

Questions about the Terms of Service and Conditions of Use should be sent to the Canadian Seed Growers’ Association at seeds@seedgrowers.ca.