Terms of Use

Effective Date: August 11, 2011

This http://onfarmfoodsafety.org website and any derivative or affiliated website on which these Terms of Use are posted or linked and any Content (defined below) available on such websites (collectively, the “Website”) are owned and operated by FamilyFarmed.org, an Illinois not-for-profit corporation (“FamilyFarmed.org”). FamilyFarmed.org has adopted these Terms of Use (“Terms of Use”) to make you aware of the terms and conditions of your use of the Website. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you,” “your” or “User” will include such entity or person in addition to you, you represent and warrant that you are in fact an authorized representative of such entity or other person and have the authority to bind such entity or other person to these Terms of Use, and your acceptance of these Terms of Use will constitute acceptance on behalf of such entity or person. If you do not agree to these Terms of Use, you may not use the Website.

FamilyFarmed.org reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes. Your continued use of the Website following the posting of changes to these terms will mean you accept those changes going forward from the date of revision. Amended dispute resolution provisions will not apply to any dispute of which the parties had actual notice as of the date of the change.

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.

2. General Terms of Use and Restrictions on Use

FamilyFarmed.org hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Website solely for the internal business needs of the entity of which you are an authorized representative, subject to your agreement to, compliance with and satisfaction of these Terms of Use. FamilyFarmed.org reserves all rights not otherwise expressly granted by these Terms of Use. FamilyFarmed.org reserves the right, in its sole discretion and without liability to you or any third party, to revoke your license and/or limit your access to the Website with or without cause. You are solely responsible for any equipment, hardware, software or services necessary to access or otherwise use the Website. At FamilyFarmed.org’s sole discretion and without prior notice or liability to you or any third party, FamilyFarmed.org may discontinue or alter any aspect of the Website, including, but not limited to, (a) restricting the time the Website is available, (b) restricting the amount of use permitted, (c) restricting or terminating your right to use the Website or (d) removing any Content from 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

Unless otherwise specifically noted on the Website or in these Terms of Use, images, trademarks, service marks, logos and icons displayed on the Website are the property of FamilyFarmed.org and/or its licensors, if any, and may not be used without FamilyFarmed.org’s prior written consent. Trademarks owned by third parties are the property of those respective third parties. The Website is the copyrighted property of FamilyFarmed.org, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms of Use. Any unauthorized use of any Content, whether owned by FamilyFarmed.org or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Website or any part thereof or grant any other person or entity the right or access to do so.

4. Accounts

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.

5. Content

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.

6. Feedback

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.

If you submit Feedback to FamilyFarmed.org, you hereby make the following representations and warranties to FamilyFarmed.org: (1) you are owner of such Feedback or otherwise have the right to grant FamilyFarmed.org the licenses or assignments granted pursuant to these Terms of Use; (2) you have secured any and all consents necessary to submit the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.

7. Privacy

FamilyFarmed.org collects, stores and uses data collected from you via the Website in accordance with its Privacy Policy, located here. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

8. Links

The Website may provide, or third parties may provide, links to other websites or resources on the Internet. Because FamilyFarmed.org has no control over such websites or resources, you acknowledge and agree that FamilyFarmed.org is not responsible for the availability of such external websites or resources, and FamilyFarmed.org does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources or for any privacy or other practices of the third parties operating those websites or resources. You further acknowledge and agree that FamilyFarmed.org will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such website or resource. FamilyFarmed.org strongly encourages you to review any separate terms of use and privacy policies governing use of these third party websites and resources.

9. Disclaimer

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.

ANY CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

10. Release and Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FAMILYFARMED.ORG AND ITS PARENT, SUBSIDIARY AND RELATED COMPANIES AND THEIR PERSONNEL WILL NOT BE LIABLE FOR, AND YOU HEREBY RELEASE THE FOREGOING PARTIES FROM, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY CONTENT; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, SERVICES, DATA, OR INFORMATION RESULTING FROM ANY CONTENT, DATA OR INFORMATION OBTAINED THROUGH OR FROM THE WEBSITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY CONTENT. IF YOU HAVE SUFFERED ANY DAMAGES OR LOSSES OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE USE OF THE WEBSITE AND TERMINATE THESE TERMS OF USE IN ACCORDANCE WITH THEIR TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT WILL FAMILYFARMED.ORG AND ITS PARENT, SUBSIDIARY AND RELATED COMPANIES AND THEIR PERSONNEL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.

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.

11. Indemnification

You agree to defend, indemnify and hold harmless FamilyFarmed.org, its parent, subsidiary and affiliated companies and their officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Website or any part thereof, (b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under these Terms of Use, (c) infringement or misappropriation of any intellectual property or other rights of FamilyFarmed.org or third parties by you, (d) any negligence or willful misconduct by you, (e) any other claim related to your performance under these Terms of Use, or (f) your use of the Website or any Content.

12. Term and Termination

These Terms of Use are effective upon your unequivocal acceptance as set forth herein and will continue in full force until terminated. You agree that FamilyFarmed.org, in its sole discretion, may terminate your use of the Website or any part thereof at any time without notice, and remove and discard any Content, in the event you violate these Terms of Use or in the event your account has been inactive for an extended period of time. You agree that FamilyFarmed.org may immediately suspend your account and your access to the Website or any part thereof without notice in order to conduct an investigation in the event it believes you have violated these Terms of Use or if it determines that you are a repeat infringer of another’s intellectual property or other rights. FamilyFarmed.org may also, in its sole discretion and at any time, discontinue providing the Website, any part thereof or any Content, with or without notice. In addition to any other method of termination or suspension provided for herein, FamilyFarmed.org reserves the right to terminate these Terms of Use at any time and for any reason. Further, you agree that FamilyFarmed.org will not be liable to you or any third-party for any termination or suspension of your access to the Website or any part thereof or removal of any Content. You may terminate these Terms of Use at any time by immediately discontinuing all access to the Website and by providing notice to FamilyFarmed.org of such discontinuance. Termination or cancellation of these Terms of Use will not affect any right or relief to which FamilyFarmed.org may be entitled at law or in equity. Upon termination of these Terms of Use, you will terminate all use of the Website and any Content.

13. Governing Law and Other Miscellaneous Terms

The validity and effect of these Terms of Use will be governed by, construed and enforced in accordance with the laws of the State of Illinois, USA, without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEBSITE, ITS USE, THESE TERMS OF USE OR ANY OTHER POLICY OR PROCEDURE OF FAMILYFARMED.ORG MUST BE EXCLUSIVELY BROUGHT IN A COURT OF COMPETENT JURISDICTION IN OR SERVING COOK COUNTY, ILLINOIS, USA, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING. YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply to these Terms of Use.

The parties agree that breach of the provisions of these Terms of Use would cause irreparable harm and significant injury to FamilyFarmed.org which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that FamilyFarmed.org has the right to enforce the provisions of these Terms of Use by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies FamilyFarmed.org may have for your breach of these Terms of Use. If any action at law or in equity is necessary to enforce these Terms of Use, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The captions and headings of these Terms of Use are included for ease of reference only and will be disregarded in interpreting and construing these Terms of Use.

These Terms of Use, including any additional terms referenced or incorporated herein, constitute the complete and exclusive statement of the agreement between the parties with respect to the Website, and, unless otherwise expressly provided herein, they supersede any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website. If any provision of these Terms of Use is found unlawful or unenforceable in any respect, the court will reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court will fully enforce these Terms of Use. The provisions of these Terms of Use that by their content are intended to survive the expiration or termination of these Terms of Use, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation, will survive the expiration or termination of these Terms of Use for their full statutory period.

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

Mail: FamilyFarmed.org

7115 W. North Ave. #504

Oak Park, Illinois 60302

Phone: 708-763-9920

Fax: 708-763-9925

E-mail: info@familyfarmed.org

 

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