Terms & Conditions

Effective Date: October 2, 2020

 

Welcome to www.generationfarms.com. These Terms & Conditions (“Terms”) are a legal agreement between you and Generation Facilities LLC, its affiliates and subsidiaries (“Generation Farms,” “we,” “us,” or “our”) that governs your access to and use of www.generationfarms.com (the “Site”), including all related webpages, downloadable materials, information, photos, and other materials, documentation, or content that appears on the Site (“Content”). References to “you” or “your” means anyone who visits the Site or accesses Content. Your access to and use of the Site or Content is conditioned upon your acceptance of these Terms and our Privacy Policy, which is incorporated into these Terms by this reference. Please read these Terms and our Privacy Policy carefully before accessing or using the Site. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE OR CONTENT OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS.

 

  1. 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 any time 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.
  2. 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.
  3. 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: https://generationfarms.com/terms-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.
  4. 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.
  5. Privacy. When you visit the Site, you authorize Generation Farms to automatically collect information about you and your use of the Site and to use, transmit, process, and store this information in accordance with our Privacy Policy. Please review our Privacy Policy prior to using the Site. To access the Site 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 the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
  6. Third Party Websites and Links. The Site may contain links or references to third party websites (“Linked Sites”) that we think may be of interest to you. Generation Farms and Personnel and Affiliates do not endorse or sponsor any Linked Sites, or the information, products, or services contained on any Linked Sites, and we have no control over Linked Sites or their content. Linked Sites are governed by their own terms of use and privacy policies. “Personnel” means any of Generation Farms’ directors, officers, employees, or advisors. “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Generation Farms.
  7. Linking to the 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 without our express written consent. This Website may provide certain social media features that enable you to: (i) Link from your own or certain third-party websites to certain content on this Website; (ii) Send emails or other communications with certain content, or links to certain content, on this Website; (iii) 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, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not: (i) Establish a link from any website that is not owned by you; (ii) Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (iii) Link to any part of the Website other than the homepage; (iv) Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use; (v) You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice; (v)We may disable all or any social media features and any links at any time without notice in our discretion.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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].
  15. 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.
  16. 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 law’s 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.
  17. 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, 8, 9, 10, 11, 12, 14, 16, 17 and 18.
  18. 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.
  19. Contact Information. If you have any questions or comments about the Site or these Terms, please contact us at: [email protected].