Terms of Use
1. Acceptance Of Terms Of Use
The Farm Commons website is provided to members and visitors by Farm Commons.
Although portions of the Farm Commons website may be viewed simply by visiting the website, access to most resources is available to those who create an account or become members of Farm Commons. For the purposes of these Terms of Use, “registering” means to create an account or to become a member of Farm Commons. These Terms of Use govern your use of the Farm Commons website, including viewing the pages on the website, downloading resources, and utilizing tools. BY VISITING, USING, AND/OR REGISTERING AND LOGGING IN TO THE FARM COMMONS WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Use, together with the Privacy Policy and any applicable additional Terms of Use posted in connection with a particular service, product, digital product, or other media which are incorporated herein by reference, govern your use of the Farm Commons website and all services, products, digital products, and other media provided in connection with the Farm Commons website, including but not limited to any service, product, digital product, or other media provided to you by Farm Commons.
Farm Commons shall not be liable to you for any breach of these Terms of Use. If you do not agree to these Terms of Use, please do not visit, use, or create an account with Farm Commons. Your continued use of the Farm Commons website signifies your acceptance of any change in the terms and conditions set forth herein. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Farm Commons website, including but not limited to all content, services, products, digital products, tools or other media is hereby expressly prohibited.
Registration Information/Privacy Policy
Registration is required to engage in certain activities on the Farm Commons website, including accessing resources, registering for events and workshops, and utilizing digital tools.
You must be at least 13 years old to register with Farm Commons. When you register, you will be required to provide Farm Commons with the following information: your first and last name, and e-mail address.
Any information provided by you or gathered by Farm Commons during any visit to the Farm Commons website shall be subject to the terms of Farm Commons’ Privacy Policy, which are incorporated herein by reference. Click here to read Farm Commons’ Privacy Policy.
Farm Commons reserves the right to terminate your registration and ability to download resources, register for events and workshops, or utilize digital tools if Farm Commons learns that you have provided false or misleading registration information.
Termination
Farm Commons reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Use; and/or (ii) your registration(s) with or ability to download resources, register for workshops and events, utilize digital tools, and/or any other service or specific content provided on the Farm Commons website, upon any breach by you of these Terms of Use.
Modifications Of These Terms Of Use
Farm Commons may modify these Terms of Use from time to time in its sole discretion. Each time you visit, use, or log on to the Farm Commons website, you will be deemed to have accepted any such changes. In the event we modify these Terms of Use, we reserve the right (at Farm Commons’ discretion) to provide you notice of such changes to any e-mail address you have provided to Farm Commons, if any. If you do not agree to these changes, please discontinue your use of the Farm Commons website and/or arrange to terminate your registration by notifying Farm Commons by sending a detailed e-mail message to info@farmcommons.org
Modifications Of The Farm Commons Website
Farm Commons may modify or discontinue the Farm Commons website, or any portion thereof, or any content, services, digital products, products, tools, or other media related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
Registration And Password
You are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Farm Commons of any unauthorized use of your registration or password.
Notification Of Any Possible Copyright Infringement
In the event you believe that material or content published on the Farm Commons website may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to Farm Commons, 302 W Austin Street Duluth, MN 55803 and send a detailed e-mail message to info@farmcommons.org
Disclaimer Of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE FARM COMMONS WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, TOOLS, PRODUCTS, AND OTHER MEDIA, IS AT YOUR SOLE RISK. THE FARM COMMONS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FARM COMMONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
FARM COMMONS MAKES NO WARRANTY THAT THE FARM COMMONS WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FARM COMMONS MAKE ANY WARRANTY AS TO THE RESULTS OF SUCH USE OF THE FARM COMMONS WEBSITE. FARM COMMONS WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE FARM COMMONS WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FARM COMMONS WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT FARM COMMONS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE FARM COMMONS WEBSITE, INCLUDING RESOURCES AVAILABLE FOR DOWNLOAD. FARM COMMONS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OF THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT FARM COMMONS IS PROVIDING GENERAL LEGAL EDUCATION AND NOT DIRECT LEGAL SUPPORT OR ADVICE LEGAL ADVICE. FARM COMMONS ENCOURAGES YOU TO SEEK APPROPRIATE LEGAL OR PROFESSIONAL ADVICE OR CARE FOR YOUR SPECIFIC SITUATION OR PROBLEM WHICH YOU MAY HAVE.
FARM COMMONS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED, OR REFERENCED ON THE FARM COMMONS WEBSITE. YOUR PARTICIPATION IN THE FARM COMMONS WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE FARM COMMONS WEBSITE OR FROM FARM COMMONS, ITS EMPLOYEES, CONSULTANTS, AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FARM COMMONS MAKES NO WARRANTY REGARDING ANY PRODUCTS, SERVICES, DIGITAL PRODUCTS, CONTENT, OR TOOLS PURCHASED OR OBTAINED THROUGH THE FARM COMMONS WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE FARM COMMONS WEBSITE.
FARM COMMONS IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE FARM COMMONS WEBSITE. CARM COMMONS MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH FARM COMMONS MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST FARM COMMONS WITH RESPECT TO SUCH SITES.
Limitation Of Liability
FARM COMMONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE FARM COMMONS WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS, SERVICES, DIGITAL PRODUCTS, AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE FARM COMMONS WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES EVEN IF FARM COMMONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and hold each of Farm Commons, its affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Farm Commons website, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to its conflicts of laws provisions. By registering for or visiting the Farm Commons website, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in St. Louis County, Minnesota.
Remedies For Breach Of These Terms By You
In the event that Farm Commons determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the Farm Commons website, Farm Commons reserves the right to (i) warn you via email (to any email address you have provided to Farm Commons) that you have violated these Terms of Use; (ii) delete any or all content provided by you or your agent(s) to the Farm Commons website; (iii) discontinue your registration(s) with Farm Commons; (iv) discontinue your subscription to any digital product, product, content, tool, or service accessed or obtained through the Farm Commons website; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) take any other action which Farm Commons deems to be appropriate.
If your registration(s) with or ability to access the Farm Commons website, any other Farm Commons community, and/or any service, product, content, tool, or digital product provided to you by Farm Commons is discontinued due to your violation of any portion of these Terms of Use or for conduct otherwise inappropriate for the community of the Farm Commons website, then you agree that you shall not attempt to re-register with or access the Farm Commons website, any other Farm Commons community, and/or any service, product, content, tool, or digital product provided by Farm Commons, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Farm Commons reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i) through (vi) of this provision without any notice or warning to you.
Miscellaneous
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Farm Commons may assign its rights and obligations under these Terms of Use and upon such assignment Farm Commons may be relieved of any further obligation hereunder.
You represent to Farm Commons that you have the authority to register with or visit the Farm Commons website according to these Terms of Use. Farm Commons does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit the Farm Commons website.
These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Farm Commons website) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Farm Commons, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
Farm Commons reserves the right to terminate access to the Farm Commons website including any or all content, services, digital products, products, or tools with or without notice to you. Farm Commons reserves the right (at its sole discretion) to provide you with notice of such change by prominently posting a notice on the Farm Commons website and/or sending written notice to you at any e-mail address you have provided to Farm Commons.