Terms of Service
(Terms of Use)
The following terms and conditions govern all use of the TheLivingFarm.org
website and all content, services and products available at or through the
website. The Website is owned and
operated by The Living Farm, an LLC (“TLF”). The Website is offered subject to
your acceptance without modification of all of the terms and conditions
contained herein and all other operating rules, policies (including, without
limitation, and procedures that may be published from time to time on this Site.
Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the web site, you agree to become bound by the
terms and conditions of this agreement. If you do not agree to all the terms and
conditions of this agreement, then you may not access the Website or use any
services. If these terms and conditions are considered an offer by TLF,
acceptance is expressly limited to these terms. The Website is available only to
individuals who are at least 13 years old.
- Responsibility of Website Visitors. TLF has not
reviewed, and cannot review, all of the material, including computer software,
posted to the Website, and cannot therefore be responsible for that material’s
content, use or effects. By operating the Website, TLF does not
represent or imply that it endorses the material there posted, or that it
believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website may also
contain material that violates the privacy or publicity rights, or infringes
the intellectual property and other proprietary rights, of third parties, or
the downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. TLF disclaims any responsibility for
any harm resulting from the use by visitors of the Website, or from any
downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed,
and cannot review, all of the material, including computer software, made
available through the websites and webpages to which TheLivingFarm.org links, and
that link to TheLivingFarm.org. TLF does not have any control over those
non-WordPress websites and webpages, and is not responsible for their contents
or their use. By linking to a webpage, TLF
does not represent or imply that it endorses such website or webpage. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. TLF disclaims any responsibility for any harm
resulting from your use of non-TFL websites and webpages.
- Copyright Infringement and DMCA Policy. As TLF
asks others to respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that material located
on or linked to by TheLivingFarm.org violates your copyright, you are encouraged
to notify TLF in accordance with TLF’s Digital Millennium Copyright
Act (”DMCA”) Policy. TLF will respond to all such notices,
including as required or appropriate by removing the infringing material or
disabling all links to the infringing material. In the case of a visitor who
may infringe or repeatedly infringes the copyrights or other intellectual
property rights of TLF or others, TLF may, in its discretion,
terminate or deny access to and use of the Website. In the case of such
termination, TLF will have no obligation to provide a refund of any
amounts previously paid to TLF.
- Intellectual Property. This Agreement does not transfer
from TLF to you any TLF or third party intellectual property,
and all right, title and interest in and to such property will remain (as
between the parties) solely with TLF. TLF,
TheLivingFarm.org, the TheLivingFarm.org logo, and all other trademarks, service
marks, graphics and logos used in connection with TheLivingFarm.org, or the
Website are trademarks or registered trademarks of TLF or TLF’s
licensors. Other trademarks, service marks, graphics and logos used in
connection with the Website may be the trademarks of other third parties. Your
use of the Website grants you no right or license to reproduce or otherwise
use any TLF or third-party trademarks.
- Changes. TLF reserves the right, at its sole
discretion, to modify or replace any part of this Agreement. It is your
responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Website following the posting of any changes
to this Agreement constitutes acceptance of those changes. TLF may
also, in the future, offer new services and/or features through the Website
(including, the release of new tools and resources). Such new features and/or
services shall be subject to the terms and conditions of this Agreement.
- Termination. TLF may terminate your access to all
or any part of the Website at any time, with or without cause, with or without
notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the
Website. All
provisions of this Agreement which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
-
Disclaimer of Warranties. The Website is
provided “as is”. TLF and its suppliers and licensors hereby disclaim
all warranties of any kind, express or implied, including, without limitation,
the warranties of merchantability, fitness for a particular purpose and
non-infringement. Neither TLF nor its suppliers and licensors, makes
any warranty that the Website will be error free or that access thereto will
be continuous or uninterrupted.
If you’re actually reading this,
here’s a treat.
You understand that
you download from, or otherwise obtain content or services through, the
Website at your own discretion and risk.
-
Limitation of Liability. In no event will
TLF, or its suppliers or licensors, be liable with respect to any
subject matter of this agreement under any contract, negligence, strict
liability or other legal or equitable theory for: (i) any special, incidental
or consequential damages; (ii) the cost of procurement or substitute products
or services; (iii) for interuption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to TLF under this
agreement during the twelve (12) month period prior to the cause of action.
TLF shall have no liability for any failure or delay due to matters
beyond their reasonable control. The foregoing shall not apply to the extent
prohibited by applicable law.
- General Representation and Warranty. You represent and
warrant that (i) your use of the Website will be in strict accordance with the
TLF Privacy Policy, with this Agreement and with all applicable laws
and regulations (including without limitation any local laws or regulations in
your country, state, city, or other governmental area, regarding online
conduct and acceptable content, and including all applicable laws regarding
the transmission of technical data exported from the United States or the
country in which you reside) and (ii) your use of the Website will not
infringe or misappropriate the intellectual property rights of any third
party.
- Indemnification. You agree to indemnify and hold harmless
TLF, its contractors, and its licensors, and their respective
directors, officers, employees and agents from and against any and all claims
and expenses, including attorneys’ fees, arising out of your use of the
Website, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire
agreement between TLF and you concerning the subject matter hereof, and
they may only be modified by a written amendment signed by an authorized
executive of TLF, or by the posting by TLF of a revised version.
Except to the extent applicable law, if any, provides otherwise, this
Agreement, any access to or use of the Website will be governed by the laws of
the state of Colorado, U.S.A., excluding its conflict of law provisions, and
the proper venue for any disputes arising out of or relating to any of the
same will be the state and federal courts located in Denver County,
Colorado.
Except for claims for injunctive or equitable relief or claims
regarding intellectual property rights (which may be brought in any competent
court without the posting of a bond), any dispute arising under this Agreement
shall be finally settled in accordance with the Comprehensive Arbitration
Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by
three arbitrators appointed in accordance with such Rules.
The arbitration shall take place in Paonia, Colorado, in the English language and the
arbitral decision may be enforced in any court.
The prevailing party in any
action or proceeding to enforce this Agreement shall be entitled to costs and
attorneys’ fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties’ original
intent, and the remaining portions will remain in full force and effect. A
waiver by either party of any term or condition of this Agreement or any
breach thereof, in any one instance, will not waive such term or condition or
any subsequent breach thereof. You may assign your rights under this Agreement
to any party that consents to, and agrees to be bound by, its terms and
conditions; TLF may assign its rights under this Agreement without
condition. This Agreement will be binding upon and will inure to the benefit
of the parties, their successors and permitted assigns.