Effective Date: February 29, 2016
- Site Availability and Support. You may access the Site if and when it is available. Generation Farms does not guarantee availability of the Site or Content and Generation Farms reserves the right to make changes to the Site and Content at anytime and without notice. The Site may occasionally be down for service, upgrades, maintenance, or for other reasons. To the maximum extent authorized under applicable law, Generation Farms reserves the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice. Generation Farms has no obligation to provide any support in relation to the Site or Content.
- Communications Submitted by You. You assign and transfer all of your right, title, and interest in the content of any messages, submissions, e-mails, or other communications you submit to Generation Farms, whether on the Site or otherwise. Generation Farms shall have all intellectual property rights in and to such communications and Generation Farms may use such communications for any purpose in its sole discretion.
- Changes to these Terms. We reserve the right to prospectively change these Terms at any time, in our sole discretion. You should periodically review these Terms for changes and you can review the most current Terms at any time at: http://www.generationfarms.com/terms-and-conditions/. Your use of the Site after the Effective Date of the updated version of these Terms will constitute your acceptance of the updated Terms.
- Permitted Use; No Distribution. Except for the limited right to use the Site and view the Content, you may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense, reverse-engineer, or otherwise use the Site or Content without express written permission from Generation Farms. No right, title or interest in or to any trademark, service mark, logo or trade name of Generation Farms or its licensors is granted under these Terms. You may not remove any proprietary notices on the Site or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Content. You further agree not to interfere with the proper functioning of the Site and not to use the Content in a way that suggests you are a representative of Generation Farms. Any scraping, automated access, or other unauthorized access to and storage of Content is prohibited. You may not use the Site or Content for any illegal purpose. Use of the Content for any purpose other than what is described in this Section is prohibited.
- DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, THE Site, including all text, graphics, logos, audio and video clips, photographs, and other content AVAILABLE ON THE SITE, IS provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” and the entire risk of use and performance, remains with you. GENERATION FARMS AND ITS PERSONNEL AND AFFILIATES do NOT MAKE ANY representations, warranties, or conditions, express, implied, or statutory and hereby disclaim any and all warranties with respect to the site AND CONTENT. In particular, GENERATION FARMS AND ITS PERSONNEL AND AFFILIATES make no warranty that the Site OR CONTENT: (A) will meet your requirements; (B) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (C) will be accurate, complete, or reliable, or (D) will be free from viruses, worms, or other harmful or malicious components. Nor DO GENERATION FARMS OR PERSONNEL OR AFFILIATES warrant that any defects or errors on the Site OR IN CONTENT will be corrected. GENERATION FARMS AND ITS PERSONNEL AND AFFILIATES DO not assume any liability relating to delays or interruptions attributable to third party failures beyond THEIR control. THE Site aND All Content you ACCESS or obtain from the Site is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom.
- DISCLAIMER OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, In no event will GENERATION FARMS OR ITS PERSONNEL OR AFFILIATES be liable for any consequential, special, incidental, indirect, or punitive damages; for LOSS OF profits, BUSINESS, GOODwILL, ANTICIPATED SAVINGS, or USE; LOSS OR CORRUPTION OF DATA, confidential INFORMATION, or other information; business interruption; personal injury; wrongful death; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to these Terms, The Site, OR Content, even if GENERATION FARMS has been advised of the possibility of such damageS. GENERATION FARMS AND ITS PERSONNEL AND AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND RESULTING FROM ANY OF THEIR EMPLOYEES, CONTRACTORS, OR REPRESENTATIVES RENDERING TECHNICAL OR OTHER ADVICE OR REPRESENTATIONS IN CONNECTION WITH THE PERFORMANCE OF ANY COMPUTER HARDWARE, COMPUTER SOFTWARE, COMPUTER PRINTERS, MEDIA USED BY THOSE PRINTERS, OR ANY COMBINATIONS THEREOF UNLESS IT IS SPECIFICALLY CONTAINED IN THIS AGREEMENT.
- LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES. To the maximum extent permitted by applicable law AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIoNS 7 or 8, GENERATION FARMS’ AND ITS PERSONNEL’S AND AFFILIATES’ maximum, aggregate liability to you, and your exclusive remedy under THESE TERMS for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to THESE TERMS, CONTENT, or the Site will BE LIMITED TO FIVE DOLLARS ($5.00). The existence of multiple claims or suits under or related to THESE TERMS Or the SITE will not enlarge or extend the limitation of money damages.
- Independent Remedies. The exclusion of damages under Section 8 is independent of your exclusive remedy in Section 9 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 7, 8, and 9 apply without regard to whether loss, liability, or damage arise from (A) breach of contract, (B) breach of warranty, (C) fault or tort, including negligence and misrepresentation, (D) strict liability, or (E) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
- NOTICE ON POTENTIAL LIMITS OF SECTIONS 7, 8, AND 9. Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 7, 8, or 9 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this section may not apply to you.
- Indemnification. You hereby agree to defend, indemnify, and hold Generation Farms, its advisors, directors, officers, owners, affiliates, contractors, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claims or demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (A) your use of the Site and Content; (B) any violation by you of these Terms; or (C) your violation of any other party’s rights or applicable law.
- Notices. Generation Farms may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any email address you provide to Generation Farms. You agree to send Generation Farms notices by contacting us at: [email protected].
- Reservation of Rights; Copyright and Trademark Notice. Generation Farms and its affiliates, licensors, and suppliers own the title, copyright, and other intellectual property rights in the Site and Content, including all text, photographs, videos, images, graphics, logos, button icons, downloads, templates, product photos, and linked documentation. Generation Farms’ rights are protected by United States and international copyright laws and other intellectual property laws and treaty provisions. All Generation Farms product and service names referenced on the Site are trademarks of Generation Farms and its affiliates. Any other company names, product names, service names, or logos referenced on the Site may be the trademarks of their respective owners.
- Governing Law and Exclusive Jurisdiction. These Terms are governed by and construed in accordance with the laws of the State of Georgia, without reference to its conflict of laws provisions. You expressly agree that exclusive jurisdiction and venue for any dispute relating to or arising from these Terms, the Site, or the Content will reside in the State and Federal Courts located in Lowndes County, Georgia.
- Termination. You may terminate your use of the Site at any time. Generation Farms reserves the right to terminate or suspend these Terms, the Site, or your access to the Site or Content with or without cause, at any time, without notice, for any reason, including for your breach of any of the provisions of these Terms. The following Sections of these Terms will survive termination: 2, 4, 7, 8, 9, 10, 11, 12, 14, 16, and 17.
- General. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and Generation Farms intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Generation Farms agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Generation Farms may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Site. These Terms will be binding upon all of Generation Farms’ successors and assigns. Generation Farms’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on Generation Farms if it is in writing and signed by Generation Farms. These Terms (including any incorporated terms) constitute the entire agreement between you and Generation Farms with respect to your use of the Site. Both you and Generation Farms warrant to each other that, in entering these Terms, neither Generation Farms nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Generation Farms, or Generation Farms’ successors and permitted assigns, will have any right to enforce any of these Terms.
- Contact Information. If you have any questions or comments about the Site or these Terms, please contact us at: [email protected].