These Barley Website Terms of Use constitute a legal agreement and are entered into by and between you and Barley Inc. (“Barley”, “we”, “us”, “our”). The following terms of use, together with any other terms they expressly incorporate by reference, (collectively, “Terms of Use”) govern your access to and use of: (a) our website located at www.barley.io (the “Website”), including any content, functionality, and services offered on or through the Website; and (b) any text, pictures, media, data, information, and other materials or content contained on or provided through the Website (collectively, the “Content”). The terms “you” or “your” refer to the individual or entity browsing, installing, downloading, accessing, or otherwise using the Website or Content (“use” or “using” in these Terms of Use will mean any of the foregoing).
BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS OF USE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE. BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH BARLEY AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE. IF YOU ARE USING THE WEBSITE ON BEHALF OF A PERSON OR AN ENTITY, YOU REPRESENT AND WARRANT TO US THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR SUCH ENTITY TO THESE TERMS OF USE.
These Terms of Use do not alter in any way the terms or conditions of any other agreements you may have with us in respect of any products, applications, services, or otherwise.
1. Changes to these Terms of Use and the Website
2. Privacy
You consent to the collection, use, reproduction, hosting, transmission and disclosure of your personal information as described in and in compliance with our privacy policy, found at www.barley.io/privacy (“Privacy Policy”).
3. Third Party Sites
The Website may provide links to third party websites. Barley makes no representations about any other websites that may be accessed from this Website. Barley does not endorse the information contained in those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. You are subject to any terms and conditions of such third-party websites. The content in any linked website is not under Barley's control and if you choose to access any such website, you do so entirely at your own risk.
4. Your Use of the Website
You are required to ensure that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
5. Ownership; Reservation of Rights
6. Website Monitoring and Enforcement, Suspension, and Termination
Barley has the right, without provision of notice to:
7. No Reliance
The Content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. Your use of the Website is at your own risk and neither Barley nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website. All statements or opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials.
8. Disclaimer of Warranties
THE WEBSITE, ITS CONTENT OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEITHER BARLEY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE BARLEY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
9. Indemnities and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL WE NOR OUR WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICES PROVIDERS AND ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH BARLEY, THE “BARLEY PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, EVEN IF WE WERE ALLEGEDLY ADVISED OR HAD REASON TO KNOW THAT SUCH DAMAGES MIGHT OCCUR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BARLEY PARTIES TOTAL AGGREGATE LIABILITY IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, THE WEBSITE OR CONTENT, EXCEED $100 USD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY DEFEND, INDEMNIFY AND HOLD HARMLESS THE BARLEY PARTIES FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS OF USE OR YOUR USE OF THE, INCLUDING, BUT NOT LIMITED TO, YOUR DATA, YOUR CONTENT, THIRD-PARTY SITES, ANY USE OF THE WEBSITE’S CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY SITES, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE.
10. No Unlawful or Prohibited Use
You will not, without our prior written permission, use the Website and the Content for purposes other than your own personal non-commercial use and benefit. You may not frame the Website or the Content or any part thereof on any commercial or non-commercial internet web site. You acquire absolutely no rights or licenses to the Website or the Content other than the limited right to use the Website and the Content in accordance with these Terms of Use. You agree that you will not use the Website for any purpose that is unlawful. Except as expressly provided in these Terms of Use, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Website or the Content, in whole or in part, and any decompilation disassembly, reverse engineering or other exploitation of the Website, without prior written permission, is strictly prohibited.
11. Geographic Restrictions
Barley is based in the province of Ontario, Canada. We provide this Website and Content for use only by persons located in Canada. This Website or Content is not intended for use in any jurisdiction where its use is not permitted. If you access the Website and Content from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
12. General Provisions
13. Contact
If you have any questions or comments regarding these Terms of Use or have feedback, comments, requests for technical support and other communications relating to the Website please contact us at [email protected].
Last Updated: November 7, 2022