Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO ALL OF THESE TERMS.

 

TN Farmers Cooperative Foundation website is located at www.tnfarmerscoopfoundation.org(“Site”). These Terms of Use (“Terms”) apply exclusively to your access to and use of the Site. If you are using the Site on behalf of any entity, you represent and warrant that you are an authorized representative of that entity and that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and TN Farmers Cooperative Foundation for any violations of these Terms.

TN Farmers Cooperative Foundation reserves the right to change or modify these Terms or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination of your account.

Eligible Use and Accounts

The Site is not targeted towards, nor intended for use by, anyone under the age of 13. By using the Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access or use the Site. In addition, you may not make a donation from the Site unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Site; and (b) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement or legal obligation to which you are a party.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information; and (b) promptly notify TN Farmers Cooperative Foundation if you discover or otherwise suspect any security breaches related to the Site.

Site Content Use

This Site may contain certain proprietary notices and intellectual property information, the terms of which must be observed. Information on the Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice.

Unless otherwise indicated in the Site, the Site and all content and materials on the Site, including but not limited to the TN Farmers Cooperative Foundation logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Content”) are the proprietary property of TN Farmers Cooperative Foundation or its affiliates, suppliers or users and are protected by US and/or international copyright, trademark, or other proprietary laws.

You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Site Content from the Site without TN Farmers Cooperative Foundation prior written permission. However, you may print in hard copy portions of the Site with the sole intent of making a donation to TN Farmers Cooperative Foundation. Printing Site Content for any other reason, or transferring Site Content for use on any other website, or the modification, distribution, or re-publication of Site Content without TN Farmers Cooperative Foundation prior written permission is strictly prohibited. Any modification of Site Content, or any portion thereof, or use of Site Content for any other purpose constitutes an infringement of trademark or other proprietary rights of TN Farmers Cooperative Foundation or third parties.

Electronic Communications

When you visit tnfarmerscoopfoundation.org or send e-mails to us, you are communicating with us electronically, and by your actions you have given us implied consent to send you communications from us electronically, until otherwise notified. We will communicate with you by e-mail. By your use of this Site, you have agreed that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Links

TN Farmers Cooperative Foundation is not responsible for the content of any websites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from TN Farmers Cooperative Foundation, and TN Farmers Cooperative Foundation has no control over the content of that other website. In addition, a link to any other website does not imply that TN Farmers Cooperative Foundation endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by TN Farmers Cooperative Foundation of that third party or of any product or service provided by a third party.

Monitoring of Site

TN Farmers Cooperative Foundation has no obligation to monitor use of the Site or retain the content of any of the sessions on the Site. However, TN Farmers Cooperative Foundation reserves the right at all times to monitor, review, retain and/or disclose any information necessary to satisfy any applicable law, regulation, legal process, governmental request or the business needs of TN Farmers Cooperative Foundation.

User Conduct

  • You agree that you will not:

  • Transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that is or which TN Farmers Cooperative Foundation considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable

  • Attempt to transmit any “virus”, “trojan horse” or other software destruction or disruption device

  • Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity

  • Not to interfere with or disrupt the Site networks or servers

  • Not to delete any legal notices, disclaimers or proprietary notices

  • Not to misrepresent your identity or credit information

  • Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining, or any other means

  • Not to interfere with TN Farmers Cooperative Foundation or another authorized party’s use and enjoyment of the Site

Copyright Infringement Notice

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, TN Farmers Cooperative Foundation in its sole discretion may limit access to the Site of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement as follows:

TN Farmers Cooperative Foundation
Attn: Internet Services
180 Old Nashville Highway
LaVergne, TN 37086

In your notification, the following information must be provided along with all other requirements as outlined in 17 U.S.C. Sec. 512(c)(3):

  • Sufficient information about the location of the allegedly infringing Site Content so that TN Farmers Cooperative Foundation can find and verify its existence.

  • Your name, complete address, telephone number and e-mail address.

  • A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.

  • Note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Trademarks

The TN Farmers Cooperative Foundation logo, and other TN Farmers Cooperative Foundation product or service names, logos or slogans that may appear on this Site are trademarks or registered trademarks of TN Farmers Cooperative Foundation and may not be copied, imitated or used, in whole or in part, without the prior written permission of TN Farmers Cooperative Foundation or the applicable trademark holder or owner. You may not use any metatags or any other “hidden text” utilizing “TN Farmers Cooperative Foundation” or any other name, trademark or product or service name of TN Farmers Cooperative Foundation without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TN Farmers Cooperative Foundation and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by TN Farmers Cooperative Foundation.

If you believe that anything on the Site infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in the Copyright Infringement Notice section. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)).

No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

Indemnity

By using the Site, you agree to defend, indemnify and hold harmless TN Farmers Cooperative Foundation LLC, its employees, officers, directors, partners, affiliates, service providers and consultants and their respective directors and employees and agents from and against any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys’ fees) incurred by them arising out of or relating to your breach or alleged breach of these Terms of Use (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. TN Farmers Cooperative Foundation reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Disclaimer

THE SITE IS PROVIDED BY TN FARMERS COOPERATIVE FOUNDATION, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. TN Farmers Cooperative Foundation MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO (1) THE OPERATION OF THE SITE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS ON THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TN FARMERS COOPERATIVE FOUNDAITON, INC. IS NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. TN FARMERS COOPERATIVE FOUNDATION, INC., ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ASSIGNS, DO NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK.

[h2] Limitation of Liability
NONE OF TN FARMERS COOPERATIVE FOUNDATION, INC. PARTIES INCLUDING EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS AND THEIR EMPLOYEES AND DIRECTORS, VENDORS, AND SUPPLIERS IS RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU, THE USER, WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE, OR LOSS OF DATA TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY THAT RESULTS FROM THE USE OF THIS SITE, INCLUDING THE DOWNLOADING OF ANY MATERIAL.
TN FARMERS COOPERATIVE FOUNDATION, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF PRODUCTS OFFERED FOR SALE ON THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF TN FARMERS COOPERATIVE FOUNDATION, INC. PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US $1.00) OR THE ACTUAL COST OF ANY ITEMS PURCHASED, WHICHEVER IS GREATER.

THIS COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TN FARMERS COOPERATIVE FOUNDATION, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Force Majeure

TN Farmers Cooperative Foundation shall not be liable for delay or failure in any of its performance hereunder or a failure of the Site due to causes beyond its reasonable control, including, but not limited to, an act of God, war, terrorism, natural disaster, governmental regulations, communication or utility failures or the failures or acts of third parties.

Termination

TN Farmers Cooperative Foundation may, in its sole discretion, terminate or suspend your access to all or part of the Site, for any reason, including without limitation, breach of these Terms of Use. In the event these Terms of Use are terminated, the restrictions regarding Site Content appearing on the Site, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms of Use will survive termination. In the event that you are unsatisfied with the services provided by TN Farmers Cooperative Foundation, your sole remedy is to terminate your use of the Site.

Jurisdiction and Governing Law

TN Farmers Cooperative Foundation operates the Site from its offices within the United States. TN Farmers Cooperative Foundation makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of US export laws and regulations.
These Terms of Use and your use of the Site will be governed by and construed in accordance with the laws of the State of Tennessee, applicable to agreements made and to be entirely performed within the State of Tennessee, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Rutherford County, Tennessee and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.