Conditions of Use
These Conditions of Use are entered into by and between you, the user of this website, and Farms for City Kids Foundation. The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of this website, including any content, functionality and services offered on or through this website, whether as a guest or a registered user.
Please read these Conditions of Use carefully. By using this website, you accept and agree to be bound and abide by these Conditions of Use and consent to our privacy practices as described in our Privacy Notice, found at http://farmsforcitykids.org/privacy-policy. If you do not want to agree to these Conditions of Use, you must not access or use this website.
This website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use this website.
Changes to the Conditions of Use
We may revise and update these Conditions of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of this website following the posting of revised Conditions of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Accessing this Website
We reserve the right to withdraw or amend this website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this website is unavailable at any time or for any period. To access this website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website is correct, current, and complete. You agree that all information you provide to register with this website or otherwise, including, but not limited to, through the use of any interactive features on this website, is governed by the practices described in our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
Intellectual Property Rights
This website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Conditions of Use permit you to use this website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your web browser for display enhancement purposes;
You may print one copy of a reasonable number of pages of this website for your own personal, non- commercial use and not for further reproduction, publication or distribution; and
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site;
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of this website or any services or materials available through this website. If you wish to make any use of material on this website other than that set out in this section, please address your request to info@farmsforcitykids.org.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this website in breach of the Conditions of Use, your right to use this website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to this website or any content on this website is transferred to you, and all rights not expressly granted are reserved by us. Any use of this website not expressly permitted by these Conditions of Use is a breach of these Conditions of Use and may violate copyright, trademark and other laws.
Trademarks
Our name, the phrases - Farms for City Kids, Moos from the Farm, City Kids, our logo and all related names, other logos, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
Prohibited Uses
You may use this website only for lawful purposes and in accordance with these Conditions of Use. You agree not to use this website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Conditions of Use;
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and/or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this website, or which, as determined by us, may harm us or users of this website, or expose them to liability.
Additionally, you agree not to:
Use this website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of this website, including their ability to engage in real time activities through this website;
Use any robot, spider or other automatic device, process or means to access this website for any purpose, including monitoring or copying any of the material on this website;
Use any manual process to monitor or copy any of the material on this website, or for any other purpose not expressly authorized in these Conditions of Use, without our prior written consent;
Use any device, software or routine that interferes with the proper working of this website;
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this website, the server on which this website is stored, or any server, computer or database connected to this website;
Attack this website via a denial-of-service attack or a distributed denial-of-service attack; and/or
Otherwise attempt to interfere with the proper working of this website.
User Contributions
All user contributions must comply with the Content Standards set out in these Conditions of Use. Any user contribution you post to the site will be considered non-confidential and non-proprietary. By providing any user contribution on this website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the user contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
All of your user contributions do and will comply with these Conditions of Use.
You understand and acknowledge that you are responsible for any user contributions you submit or contribute, and you, not us, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any user contributions posted by you or any other user of this website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any user contributions for any or no reason in our sole discretion;
Take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates these Conditions of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this website or the public or could create liability for us;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this website; and/or
Terminate or suspend your access to all or part of this website for any or no reason, including without limitation, any violation of these Conditions of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this website. YOU WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review material before it is posted on this website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all user contributions and use of interactive services. User contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, user contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Conditions of Use and our Privacy Notice.
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote or assist any unlawful act;
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe this website infringes upon your copyright rights, please forward the following information to us:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all the above requirements, your notice may not be valid.
Reliance on Information Posted
The information presented on or through this website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this website, or by anyone who may be informed of any of its contents.
This website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to this website
We may update the content on this website from time to time, but its content is not necessarily complete or up- to-date. Any of the material on this website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to this website
All information we collect on this website is subject to our Privacy Notice. By using this website, you consent to all actions taken by us with respect to your information as described in our Privacy Notice.
Linking to this website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
This website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this website;
Send e-mails or other communications with certain content, or links to certain content, on this website; and/or
Cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you;
Cause this website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
Link to any part of this website other than the homepage; and/or
Otherwise take any action with respect to the materials on this website that is inconsistent with any other provision of these Conditions of Use.
This website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Conditions of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from this website
If this website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of this website is based in the State of Vermont in the United States. We provide this website for use only by persons located in the United States. We make no claims that this website or any of its content is accessible or appropriate outside of the United States. Access to this website may not be legal by certain persons or in certain countries. If you access this website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold us harmless, as well as our affiliates, licensors and service providers, and each of our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns 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 violation of these Conditions of Use or your use of this website, including, but not limited to, your user contributions, any use of this website’s content, services and products other than as expressly authorized in these Conditions of Use, or your use of any information obtained from this website.
Governing Law and Jurisdiction
All matters relating to this website and these Conditions of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Conditions of Use or this website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Vermont although we retain the right to bring any suit, action or proceeding against you for breach of these Conditions of Use in your forum of residence or any other relevant forum. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
PLEASE READ THIS SECTION CAREFULLY. YOU AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
You and us agree to resolve any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to this website, the collection, use, or access to your information, or otherwise arising between you and us or our affiliates and each of our and their directors, officers, employees, and contractors exclusively by binding arbitration. Further, you agree arbitration is final and binding, and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, to the fullest extent allowed by law.
This provision is intended to be interpreted broadly to encompass all disputes or claims between you and us or our affiliates and each of our and their directors, officers, employees, and contractors, including those arising out of or relating to these Conditions of Use and/or this website. Any dispute or claim made by you against us or our affiliates and each of our and their directors, officers, employees, and contractors, or vice versa arising out of or relating to these Conditions of Use and/or this website (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such a court.
You must first present any claim or dispute to us by contacting us to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days after presenting the claim or dispute to us. We may request arbitration against you at any time after it has notified you of a claim or dispute. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by these Conditions of Use. The place of any arbitration shall be exclusively held in the State of Vermont, and shall be conducted in the English language; provided, however, you may request that any or all proceedings within the arbitration be conducted by phone or written submission.
Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief; except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
Any arbitration shall be confidential, and neither you, nor us nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. There shall be no right or authority for any claims subject to the arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
We will pay all administrative filing fees for any arbitration that we initiate. All other administration filing fees will be divided between you and us according to the then-current applicable rules of the American Arbitration Association. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing. We will not seek to recover attorneys’ fees from you for any claims filed in arbitration that are not frivolous.
The requirement of arbitration does not apply to actions for injunctive or other equitable relief to protect confidential information and intellectual property rights or to prevent loss of data or damage to our website or servers in any court of competent jurisdiction.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE CONDITIONS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by us of any term or condition set forth in these Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the 10 Company to assert a right or provision under these Conditions of Use shall not constitute a waiver of such right or provision.
If any provision of these Conditions of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Conditions of Use will continue in full force and effect.
Entire Agreement
These Conditions of Use constitute the sole and entire agreement between you and us with respect to this website and the collection, use, and handling of your information and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this website.
Your Comments and Concerns
This website is operated by Farms for City Kids Foundation, 734 Caper Hill Road, Reading, Vermont 05062.
All feedback, comments, requests for technical support and other communications relating to this website should be directed to: info@farmsforcitykids.org.
Last Modified: August 31, 2020