Terms of service

These Terms of Service constitute an agreement (this “Agreement”) by and between Seeds of Encouragement, (Elaine Froese) whose principal place of business is Box 957, Boissevain, Manitoba, Canada  R0K 0E0 (“Elaine Froese” or “we” or “us”), and the person or entity (“Customer” or “you”) accessing and using the Farm Family Transition membership (as defined below). 

BY ACCEPTING THIS AGREEMENT OR ACCESSING OR USING THE FARM FAMILY TRANSITION MEMBERSHIP, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

The “Effective Date” of this Agreement is the date which is the earlier of: (a) Customer’s initial access to the Farm Family Transition Membership through any online provisioning, registration, or Order process; or (b) the effective date of your first Order (defined below). This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement.

Modifications to this Agreement: From time to time, Elaine Froese may modify this Agreement. Unless otherwise specified by Elaine Froese, changes become effective for Customer upon renewal of the then-current Term, or entry into a new Order after the updated version of this Agreement goes into effect. Elaine Froese will use reasonable efforts to notify Customer of the changes through communications via Customer’s account, email, or other means.

DEFINITIONS. The following capitalized terms will have the following meanings whenever used in this Agreement.

“Customer Data” means all information collected, processed, and/or stored through the Farm Family Transition membership website by Customer or on Customer’s behalf.

“Order” means a customized order for access to the Farm Family Transition membership, which is signed by both parties and references these Terms of Service.

“Privacy/Security Law” means privacy and security laws governing Elaine Froese’s handling of Customer Data.

“Farm Family Transition membership” means access to a private membership website using the Searchie platform.

“Subscription Plan” means a subscription plan selected by Customer for access to the Farm Family Transition membership website, which refers to these Terms of Service.

“Term” is defined in Section 4.1 below.

“User” means any individual family member, farm worker, or other individual who uses the Farm Family Transition membership through Customer’s account or passwords, whether authorized or not.

 

THE FARM FAMILY TRANSITION MEMBERSHIP. 

Use of the Farm Family Transition membership website. During the Term, Customer or Users may access and use the Farm Family Transition membership website pursuant to the terms of the purchased Subscription Plan or Order, including such features and functions as the Subscription Plan or Order requires.

Farm Family Transition membership website revisions. Elaine Froese may revise Farm Family Transition membership website’s features and functions at any time, including without limitation by removing such features and functions. If any such revision to the Farm Family Transition membership website materially reduces features or functionality provided pursuant to a Subscription Plan or Order, Customer may, within 30 days of notice of the revision, terminate such Subscription Plan or Order without cause.

 

SUBSCRIPTION PLANS AND PAYMENTS.

Subscription Fees. Customer will pay Elaine Froese all fees stipulated in the Subscription Plan or Order it purchases (the “Subscription Fees”), with the exception of services accessible free of charge, including free trials. 

Payments. For paid Subscription Plans, Elaine Froese will automatically charge your credit card or other payment method based on the frequency of your selected Subscription Plan or Order. Elaine Froese will share your account information with financial institutions and payment processing companies, including WePay, to process your payment.

Suspension for Non-Payment. Elaine Froese reserves the right (in addition to any other rights or remedies Elaline Froese may have) to suspend all Customer access to the Farm Family Transition membership if any Subscription Fees are overdue, until such amounts are paid in full. 

Taxes. All Subscription Fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments, unless expressly stated otherwise. Without limiting the foregoing, Customer is responsible for all taxes of any kind imposed by any governmental authority on any amounts payable by Customer hereunder, other than any taxes imposed on Elaine Froese’s income.

 

TERM, MODIFICATION, CANCELLATION AND REFUNDS.

Term. The term of this Agreement (the “Term”) will commence on the Effective Date and continue for the period set forth in your Subscription Plan or Order. 

Automatic Renewal. Our Subscription Plans may renew automatically at the end of the Term (which may be monthly or annually, depending on the Subscription Plan you selected), and in this case, we will automatically charge your payment method on the renewal date unless you cancel your Subscription Plan or Order within 30 days of the renewal date. Elaine Froese reserves the right to modify the Subscription Fees upon renewal, with prior written notice provided to you at least 30 days before the renewal date.

Cancellation. You may cancel your Subscription Plan at any time by contacting our customer care team with a written notice via email. If you cancel a paid Subscription Plan before the end of the Term, you will still have access to the subscription until your renewal date. You will not be entitled to a refund. 

Termination for Cause. Notwithstanding the foregoing, either party may terminate this Agreement for the other’s material breach by written notice specifying in detail the nature of the breach, effective in 30 days unless the other party first cures such breach, or effective immediately if the breach is not subject to cure.

Effects of Termination. Upon termination of this Agreement, Customer will cease all use of the Farm Family Transition membership and delete all copies of the documentation in its possession or control. The following provisions will survive termination or expiration of this Agreement: (a) any obligation of Customer to pay fees incurred before termination; (b) Articles and Sections 8 (IP & Feedback), 9 (Confidentiality), 10 (Indemnification), and (c) any other provision of this Agreement that must survive to fulfill its essential purpose.

 

CUSTOMER DATA & PRIVACY. 

Privacy Policy. Customer acknowledges Elaine Froese’s privacy policy pertaining to the Farm Family Transition membership and collection of personal information at https://elainefroese.com/privacy-policy/, and Customer recognizes and agrees that nothing in this Agreement restricts Elaine’s Froese’s right to alter such privacy policy.

Risk of Exposure. Although Elaine Froese employs reasonable security measures to protect data and personal information, the Customer recognizes and agrees that hosting data online involves risks of unauthorized disclosure or exposure and that, in accessing and using the Farm Family Transition membership, Customer assumes such risks. Elaine Froese offers no representation, warranty, or guarantee that Customer Data will not be exposed or disclosed through errors or the actions of third parties.

Data Accuracy. Elaine Froese will have no responsibility or liability for the accuracy of data uploaded to the Farm Family Transition membership by Customer, including without limitation Customer Data and any other data uploaded by Users.

 

CUSTOMER’S RESPONSIBILITIES & RESTRICTIONS.

Acceptable Use. 

Customer will not: 

provide Farm Family Transition membership passwords or other log-in information to any third party outside of their farm family; 

share non-public Farmy Family Transition features or content with any third party outside of their farm family; 

access the Farm Family Transition membership in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Farm Family Transition membership, or to copy any ideas, features, functions or graphics of the Farm Family Transition membership; or 

In the event that Elaine Froese suspects any breach of the requirements of Section 6.1(a), including without limitation by Users, Elaine Froese may suspend Customer’s access to the Farm Family Transition membership without advance notice, in addition to such other remedies as Elaine Froese may have. 

Unauthorized Access. Customer will take reasonable steps to prevent unauthorized access to the Farm Family Transition membership, including without limitation by protecting its passwords and other log-in information. Customer will notify Elaine Froese immediately of any known or suspected unauthorized use of the Farm Family Transition membership or breach of its security and will use best efforts to stop said breach.

Compliance with Laws. In its use of the Farm Family Transition membership, Customer will comply with all applicable laws, including without limitation Privacy/Security laws.

Users & Farm Family Transition membership Access. Customer is responsible and liable for: (a) Users’ use of the Farm Family Transition membership, including without limitation unauthorized User conduct and any User conduct that would violate the requirements of this Agreement applicable to Customer; (b) any use of the Farm Family Transition membership through Customer’s account, whether authorized or unauthorized

Customer Rights and Consents. Customer represents, warrants and covenants that it has and shall maintain throughout the Term all necessary rights, consents and authorizations to provide the Customer Data to Elaine Froese and to authorize Elaine Froese to process Customer Data through the Farm Family Transition membership website as contemplated by this Agreement.

IP & FEEDBACK. 

IP Rights to the Farm Family Transition membership. Elaine Froese retains all right, title, and interest in and to the Farm Family Transition membership, including without limitation all graphics, content, logos, and trademarks. This Agreement does not grant Customer any intellectual property license or rights in or to the Farm Family Transition membership or any of its components, except to the limited extent that such rights are necessary for Customer’s use of the Farm Family Transition membership as specifically authorized by this Agreement. Customer recognizes that the Farm Family Transition membership and its components are protected by copyright and other laws.

 

CONFIDENTIALITY

Elaine Froese respects Customer’s privacy and insists that Customer respects Elaine Froese’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of Elaine Froese is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Customer agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Customer agrees not to violate Elaine Froese’s publicity or privacy rights. Furthermore Customer will NOT reveal any information to a third party obtained in connection with this Agreement or Elaine Froese’s direct or indirect dealings with Customer including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Customer will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session Elaine Froese and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

 

INDEMNIFICATION. 

Customer will defend, indemnify, and hold harmless Elaine Froese and the Elaine Froese Associates (as defined below) against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of or related to Customer’s alleged or actual use of, misuse of, or failure to use the Farm Family Transition membership, including without limitation: 

claims by Users or by Customer’s family or employees, as well as by Customer’s own customers; and

INDEMNIFIED CLAIMS INCLUDE, WITHOUT LIMITATION, CLAIMS ARISING OUT OF OR RELATED TO CUSTOMER’S GROSS NEGLIGENCE. 

 

MISCELLANEOUS.

Choice of Law & Jurisdiction: This Agreement and all claims arising out of or related to this Agreement will be governed by the laws of the Province of Manitoba and the laws of Canada applicable therein, without reference to any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties. The parties consent to the personal and exclusive jurisdiction of the courts of Manitoba

Conflicts. In the event of any conflict between this Agreement and any other Elaine Froese policy posted online, the terms of this Agreement will govern.

Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications.

Amendment. Elaine Froese may amend this Agreement from time to time by posting an amended version at its website and sending Customer written notice thereof. Such an amendment will be deemed accepted and become effective 30 days after such notice (the “Proposed Amendment Date”) unless Customer first gives Elaine Froese written notice of rejection of the amendment. In the event of such rejection, this Agreement will continue under its original provisions, and the amendment will become effective at the start of Customer’s next Term following the Proposed Amendment Date (unless Customer first terminates this Agreement pursuant to Article 4, Term, Modification, Cancellation And Refunds). Customer’s continued use of the Farm Family Transition membership following the effective date of an amendment will confirm Customer’s consent thereto. This Agreement may not be amended in any other way except through a written agreement by authorized representatives of each party.