FRIESEN NUTRITION

TERMS OF USE

FRIESEN Livestock Nutrition welcomes you. The following General Website Terms of Use Agreement (the “Agreement”) governs your general access to and use of this website (the “service”). Please review this Agreement carefully. By accessing and using the general areas of the service, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein. Please note that if you choose to access any password protected areas of our website, you may be required to electronically sign and be legally bound by the Website Terms and Conditions Agreement.

1. Copyright Rights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the service, and the selection, coordination, and arrangement of such content, are owned by FRIESEN Livestock Nutrition or its third-party licensors, to the full extent provided under the Canadian and United States Copyright Acts and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the service for any purposes. Nothing stated or implied on the service confers on you any license or right under any copyright of FRIESEN Livestock Nutrition or any third party.

The service and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the service is strictly prohibited, without the prior written consent of FRIESEN Livestock Nutrition. Requests for permission to reproduce any information contained on this service should be addressed to FRIESEN Livestock Nutrition Ltd. 1502 Brier Park Road NW, Medicine Hat, Alberta Canada T1C 1V2 or Email: contact@friesennutrition.com .

2. Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, product packaging and designs of all FRIESEN Livestock Nutrition or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to FRIESEN Livestock Nutrition or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this service confers on you any license or right under any patent or trademark of FRIESEN Livestock Nutrition or any third party.

3. Modification of This Agreement

FRIESEN Livestock Nutrition reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use Agreement to which you are bound. Your use of the service after the posting of modifications to this agreement will constitute your acceptance of this agreement, as modified. If, at any time, you do not wish to accept this agreement, you may not use the service.

4. Links to Third-Party Services

This service may contain links to other services (“Linked Services”). The Linked Services are not under the control of FRIESEN Livestock Nutrition and FRIESEN Livestock Nutrition is not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. FRIESEN Livestock Nutrition is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement by FRIESEN Livestock Nutrition in favor of any company offering Internet services, products or services on the Linked Services.

5. Obligations

You are required to comply with all applicable law in connection with your use of the service, and such further limitations as may be set forth in any written or on-screen notice from FRIESEN Livestock Nutrition. As a condition of your use of the service, you warrant that you will not use the service for any purpose that is unlawful or prohibited by this agreement.

6. Prohibited Uses Generally

Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on,to or through the service that:

1. is copyrighted, unless you are the copyright owner;
2. reveals trade secrets, unless you own them;
3. infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
4. is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or
entity as determined by FRIESEN Livestock Nutrition in its sole discretion;
5. is sexually-explicit;
6. constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
7. contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are
intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or
information.

You further agree not to:

1. use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the service, or for purposes of registering for any promotions offered through the service;
2. delete or revise any material or other information of any other user or FRIESEN Livestock Nutrition;
3. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
4. take any action that imposes an unreasonable or disproportionately large load on the service’s infrastructure;
5. use any device, software or routine to interfere or attempt to interfere with the proper working of the service or any activity being conducted on this site; 6. use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation
browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the service other than the search engine and search agents available from FRIESEN Livestock Nutrition on the service and other than generally available third party web browsers or
7. allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials;
8. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the service.
You further agree not to violate or attempt to violate the security of the service, including, without limitation: 1. accessing data not intended for you or logging into a server or account that you are not authorized to access 2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mail-bombing” or “crashing”, the service;
4. sending unsolicited e-mail, including promotions and/or advertising of products or services; or
5. forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. FRIESEN Livestock Nutrition will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

FRIESEN Livestock Nutrition reserves the right to review postings on its service, to remove any postings, and to terminate your ability to post to the service at any time without notice, in its sole discretion. FRIESEN Livestock Nutrition also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

7. License Granted

FRIESEN Livestock Nutrition does not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the service. However, by submitting or posting information or material on, to or through the service, you grant FRIESEN Livestock Nutrition a worldwide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content anywhere, for any purpose, and in any form, media or technology now known or later developed. No compensation will be paid with respect to the use of your posting. FRIESEN Livestock Nutrition is free to use any ideas, concepts, know-how, or techniques contained in any communication you send for any purpose whatsoever including, but not limited to,developing, manufacturing and marketing products using such information. FRIESEN Livestock Nutrition is under no obligation to maintain any posting you make and may remove any posting at any time in its sole discretion.

By posting or submitting content to this service, you also warrant and represent that you own or otherwise control all of the rights to the content of the public posting, and that use of your content by FRIESEN Livestock Nutrition will not infringe or violate the rights of any third party.

8. Notice of Copyright Infringement

If you believe that your work has been copied and is accessible on this service in a way that constitutes copyright infringement, please provide FRIESEN Livestock Nutrition Copyright Agent with the following information:

1. identification of the copyrighted work claimed to have been infringed;
2. identification of the allegedly infringing material on the service that is requested to be removed;
3. your name, address and daytime telephone number, and an e-mail address if available, so that FRIESEN Livestock Nutrition may contact you if necessary;
4. a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
5. a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
6. an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

FRIESEN Livestock Nutrition Copyright Agent
1502 Brier Park Road NW, Medicine Hat, Alberta T1C 1V2
e-mail: contact@friesennutrition.com

9. Online Privacy Statement

You agree and consent to the terms of the FRIESEN Livestock Nutrition Online Privacy Statement, a copy of which you should review by clicking here.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS.” FRIESEN LIVESTOCK NUTRITION MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE.

FRIESEN Livestock Nutrition DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FRIESEN LIVESTOCK NUTRITION DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS,(iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv)WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY FRIESEN LIVESTOCK NUTRITION OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

11. Limitation of Liability

IN NO EVENT WILL FRIESEN LIVESTOCK NUTRITION OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR
DELIVERING THIS SERVICE, OR ON ANY WEBSITE LINKED TO THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SERVICE OR ANY SITE LINKED TO THIS SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ALTERATION, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FRIESEN LIVESTOCK NUTRITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FRIESEN LIVESTOCK NUTRITION ‘S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12. Exclusion of Consequential Damages.

IN NO EVENT SHALL FRIESEN LIVESTOCK NUTRITION OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF FRIESEN LIVESTOCK NUTRITION OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

13. Indemnification

Upon a request by FRIESEN LIVESTOCK NUTRITION , you agree to defend, indemnify and hold harmless FRIESEN LIVESTOCK NUTRITION and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through this service, your use of the service, your violation of this agreement or your violation of any rights of another.

14. Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, excluding it conflict of law rules. You and FRIESEN LIVESTOCK NUTRITION expressly agree to submit to the exclusive jurisdiction and venue of the courts in Alberta in all disputes arising out of or relating to the use of this service.

15. Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and FRIESENLIVESTOCK NUTRITION and governs your use of this service, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and FRIESEN LIVESTOCK NUTRITION . If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible,the original intention of the parties, and the remaining portions shall remain in full force and effect.

16. No Waiver

The failure of FRIESEN LIVESTOCK NUTRITION to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this agreement or to act with respect to similar breaches.

17. No Professional Advice

Any information supplied by any employee or agent of FRIESEN LIVESTOCK NUTRITION , whether by telephone, e-mail, letter,facsimile, Internet transmission or other form of communication, is intended solely as general guidance on the use of the service,and does not constitute legal, tax, accounting, marketing or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. Any statement of facts contained on any FRIESEN LIVESTOCK NUTRITION Website or in market comments, which may be posted on an FRIESEN LIVESTOCK NUTRITION Website, are derived from sources believed to be reliable, but are not guaranteed as to accuracy, nor do they purport to be complete. No responsibility is assumed with respect to any such statement, nor with respect to any expression of opinion herin contained.

18. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FRIESEN LIVESTOCK NUTRITION as a result of this Agreement or your use of this service. Nothing contained in this agreement is in derogation of FRIESEN LIVESTOCK NUTRITION ‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this service or information provided to or gathered by FRIESEN LIVESTOCK NUTRITION with respect to such use. A printed version of this agreement and of any notice given in electronic form shall be FRIESEN Livestock Nutrition issuable in judicial or FRIESEN Livestock Nutrition initial proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If we decide to change any of these terms or conditions, we will post those changes, and the date we made those changes, here, so please check back often. If you have any questions or comments about this agreement, you may contact your local FRIESEN LIVESTOCK NUTRITION merchandiser or manager, or send an e-mail to contact@friesennutrition.com.

19. Termination

FRIESEN LIVESTOCK NUTRITION reserves the right, in its sole discretion, to terminate your access to all or part of this service,with or without notice.