Effective Date: August 11, 2011
1. Create a Food Safety Manual Tool
FamilyFarmed.org offers the Create a Food Safety Manual tool (the “Tool”) to help you create a personalized, risk-assessment based, on-farm food safety plan in order to minimize the food safety risk of produce grown on your farm. FamilyFarmed.org provides the Tool for informational purposes only to help you assess and understand your farm’s high risk areas and implement procedures for minimizing those risks. By accessing and using the Tool, you are not automatically in compliance with recommended Good Agricultural Practices. FamilyFarmed.org cannot guarantee that if you implement an on-farm food safety plan, you will be in compliance with food safety guidelines, be eligible to be food safety certified, reduce your risk of failing a food safety audit or lower your liability in the event that you are involved in a food safety incident. Nothing on the Website, including the Tool, is a recommendation to adopt a specific on-farm food safety plan.
You are solely responsible for any decisions you make, actions taken or failure to act based on information obtained while, or as a result of, accessing the Tool and for any result of implementing an on-farm food safety plan. You acknowledge that any information obtained through the use of the Tool is only a single factor, among many, in any decision you make relating to on-farm food safety plans and the food safety risks of produce grown on your farm and that such decisions are based on the totality of the circumstances and not solely on results obtained from use of the Tool. FamilyFarmed.org will not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on the Tool, any Content and/or the Website.
You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Website, except as otherwise provided herein or with the express prior agreement of FamilyFarmed.org. You may reproduce, copy, and distribute best practices guidelines for farmer educational purposes only. You may print from the Tool as necessary solely for your internal business needs or the internal business needs of the farmer for whom you use the Tool. You may not obscure or remove any proprietary rights notices contained in or on the Website or in or on any information acquired from the Website.
3. FamilyFarmed.org’s Intellectual Property
For certain aspects of the Website, you may be asked to register an account. In the event you agree to register an account, you will select a username, and upon providing registration information and successfully completing the registration process, you will be provided a password. This account is personal to you, and you may not share it or allow any other person to utilize your account. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify FamilyFarmed.org in the event you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide and maintain accurate and complete registration information with FamilyFarmed.org, including, without limitation, your legal name, e-mail address and any other information FamilyFarmed.org may reasonably require. FamilyFarmed.org may refuse to grant a particular username to you for any reason, including, without limitation, in the event FamilyFarmed.org determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
You acknowledge that the Website may contain or provide access to information, text, documents, images, tools or other material provided by FamilyFarmed.org or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. For the avoidance of doubt, references to Content will include Feedback (defined below) and the Tool.
FamilyFarmed.org welcomes your comments, feedback, information or materials regarding the Website and Content (collectively, “Feedback”). If you submit Feedback to FamilyFarmed.org, please note that your Feedback will become the property of FamilyFarmed.org. By submitting your Feedback to FamilyFarmed.org, you agree to assign, and hereby irrevocably assign to FamilyFarmed.org, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. FamilyFarmed.org will be free to use your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in or to the Feedback.
FamilyFarmed.org uses reasonable efforts to maintain the Website, but FamilyFarmed.org is not responsible for any defects or failures associated with the Website, any part thereof, any Content or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Website may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which FamilyFarmed.org may undertake from time to time or (c) causes beyond the control of FamilyFarmed.org or which are not foreseeable by FamilyFarmed.org.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEBSITE AND ANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOUR USE IS AT YOUR SOLE RISK. FAMILYFARMED.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, FAMILYFARMED.ORG MAKES NO WARRANTY THAT THE WEBSITE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE OR ANY CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
10. Release and Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Term and Termination
13. Governing Law and Other Miscellaneous Terms
FamilyFarmed.org makes no representation that the Website, Content or any other material or information on the Website is appropriate to or available in locations outside of the United States. You may not use the Website or export Content in violation of United States export laws, regulations or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.
14. How to Contact FamilyFarmed.org
If you have any comments or questions, please do not hesitate to contact FamilyFarmed.org at
7115 W. North Ave. #504
Oak Park, Illinois 60302