WARNING: YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE INTERACTIVE PARTS OF THIS WEBSITE.
This Agreement is an ongoing contract between You and Provider and affects Your rights. You should read it carefully.
1. INFORMATION AND OTHER SERVICES. The Website solely is intended to provide information and educate the public about various topics, including, without limitation, and provide a resource for creating and nourishing a sustainable, lifestyle by sharing resources, recipes, articles and insights. As part of the educational component, the Website may also give You the option to interact through the Website, for example, by answering questions, sharing your own experiences, downloading materials, such as the IFOAM Standards, and posting information to the Website. If You participate in any interactive feature of the Website, whether such feature is currently or will be offered in the future, You may be subject to any additional terms and conditions related thereto. Such interactive features of the Website are intended to serve only as a forum and do not necessarily include any endorsement by Provider, or any of its officers, directors, contractors, employees, agents, attorneys, or affiliates. Neither the Website nor Provider certifies the character of any Website participants. To the extent permitted by law, including Title VI of the Civil Rights Act of 1964, as amended, Provider reserves the right to refuse service to anyone.
2. MINIMUM AGE REQUIREMENT. You affirm that You are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and to comply with this Agreement. Persons under the age of 18 are not permitted to use the interactive portions of the Website, set up an account through the Website or otherwise submit personal information to the Website, or arrange for any services offered by the Website.
3. THE WEBSITE. This Agreement sets forth the terms and conditions for You to use alanplewis.com and/or any related or successor site(s) to the foregoing site operated directly or indirectly by Provider, including, without limitation, any separate site(s) used by Provider for any side window, Q & A, bulletin board, or feedback posting, relating to any service offered by Provider, technical support, or hosting (singularly and collectively, the “Website”).
When using the Website or any services or downloading any materials provided via the Website, You agree to abide by any applicable posted guidelines for such services, which guidelines may change from time to time. Should You object to any provision of this Agreement, or any subsequent modification thereto, or become dissatisfied with the Website in any way, Your only recourse is to immediately discontinue use of the Website.
(a) License. Provider hereby grants you a non-exclusive, revocable license to use the Website and any materials provided via the website solely for Your own personal use, subject to and as set forth in this Agreement only upon the express condition that You accept each provision of this Agreement and provided that: (i) you will not reproduce, copy, distribute, or make derivative works of the Website, the Content (except for the limited right to download a personal copy of the Content), or any other materials from the Website, in any medium without Provider’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Agreement and in accordance with all applicable local, state, and federal laws. By installing any part of, copying, accessing or otherwise using the Website, You acknowledge and accept that You will be legally bound by this Agreement. If You do not agree to any provision of this Agreement, Provider is unwilling to grant you this license and You must not install, copy, access or otherwise use the Website.
(b) Title and Copyright in the Website. It is hereby understood and agreed that Provider is the owner of all rights, title and interest, including, without limitation, all copyrights, in and to the Website and any copies thereof, regardless of the media or form in which the Website or copies thereof may exist. Except as expressly provided herein, You do not acquire any rights, title or interest to the Website. The Website and its component parts are licensed, not sold or given, to You by Provider. Provider t reserves the right at any time and for any reason to modify or discontinue any aspect or feature of the Website, including, but not limited to, Content (as defined below) or functionality. Provider hereby reserves all rights not expressly granted to You. You may not sell or otherwise commercially use any portion of the Website, including any Editorial Content (as defined below) or other Content Posted (defined below) on the Website, or any part thereof. The Website is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties.
(c) No Warranties. The Website, including all materials and information included therein, is furnished “as is” and with all faults. Provider and its technical support/maintenance providers, contractors, distributors, advertisers, and sublicensees, make, and You receive, no warranties, express, implied, or statutory, in any communication with You. To the maximum extent permitted by applicable law, Provider, and its technical support/maintenance providers, distributors, advertisers, and sublicensees disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty that operation of the Website will be uninterrupted or error-free. You expressly assume all risk resulting from support/maintenance services (whether performed in whole, in part, or not at all), or from any virus, downloaded material, harmful component, or through any use of the Website or any site or server through which the Website is available, including, without limitation, at alanplewis.com. You shall be solely responsible for the accuracy and transmission of all data entered, and for any damage that results from or is in connection with use of the Website.
Provider and/or its officers, directors, contractors, employees, distributors, advertisers, sublicensees, agents, and/or attorneys shall not be liable for damages or losses of any kind arising out of or in connection with the use or performance of information provided on or in connection with or obtained from the Website, including without limitation, damages or losses caused by reliance upon the accuracy or timeliness of any such information, or damages incurred from the viewing, distributing, or copying of those materials. IN NO EVENT SHALL PROVIDER OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE.
(d) Substance of Content; Waiver of Rights. You acknowledge and understand that when using the Website, you may be exposed to Content (as defined below) from a variety of sources and that Provider is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content (as defined below). You further acknowledge and understand that you may be exposed to Content (as defined below) that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Provider with respect thereto.
4. WEBSITE USERS. To access, use, and/or otherwise participate in certain interactive aspects of the Website, users may be required to create an account.
(a) Account Information Security, Identity, and Data Storage. Your password and login information are for Your use only. You are responsible for maintaining the confidentiality of Your account information and similar personal information (“Account Information”), including Your password and username, and for restricting access to Your computer or mobile device. If You disclose Your password to anyone or share Your account with another person or persons, You take full responsibility for their actions. Provider cannot guarantee the security of Your Account Information and shall not be liable in any way for any compromise of Your Account Information. Provider will not be liable for Your losses caused by any unauthorized use of Your account, and You may be liable for the losses of Provider or others due to such unauthorized use.
(b) Account Information; Username. All information You provide during the registration process must be accurate. By creating an account, You agree to the following:
(i) You shall not register under the name of a person other than Yourself;
(ii) You shall not choose a username for the purposes of, or that results in, deceiving or misleading others or Provider as to Your true identity;
(iii) You shall not choose a username that could reasonably be considered offensive;
(iv) You shall not choose a username for the purpose of solicitations (e.g., a username that includes your commercial website); and
(v) You shall not choose a username that infringes on the intellectual property or any other rights of any person.
If Provider may, in its sole discretion, suspend or revoke such user’s account and prohibit such user from current or future use of the Website.
(c) Provider Community Standards. While using the Website, You are a part of Provider’s community, which may include, without limitation, bulletin boards, feedback boards, and polls regarding use of the Website and its services that allow You and other users to post information and provide feedback. You agree to respect the rights of other users as described in this Agreement.
(d) Content. As used in this Agreement, “Content” means any and all postings, messages, text, files, including the Standard, images, hyperlinks, programs, and similar materials. To “Post” means to post on, transmit through, link from, upload, transfer, disseminate, distribute, facilitate distribution, and/or make available through, the Website.
(i) Responsibility for Posted Content. You understand and agree that all Posted Content is the sole responsibility of the person(s) who Posted such Content, that such Posted Content is non-confidential, and that You choose to use the Website at Your own risk. You are entirely responsible for all Content that You Post. You understand that Provider does not control, and is not responsible for, Content Posted by users of the Website. You further understand that You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. In addition, the Website and Content may contain links to and comments on other websites that are completely independent of the Website. Provider makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained in any such site. You link to or comment on any other websites at Your own risk. You agree that You must evaluate and bear all risks associated with the use of any Content, and that under no circumstances will Provider be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Posted Content.
The Website is not intended for Your commercial purposes. You agree that You will not promote, advertise, solicit, or sell any services or products, or promote Yourself or Your business, on the Website, in any form or manner. You agree that You will not use any information found anywhere on the Website for advertising, promotional, or solicitation purposes.
(ii) Transmission of Harmful Content. You shall use the Website for lawful and permitted purposes only. Transmission of any Content in violation of any municipal, state, federal, foreign or other applicable regulation or law is prohibited. You shall not Post Content that: (1) infringes any proprietary rights of any third party; (2) violates any law or regulation; (3) is defamatory or trade libelous; (4) is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, intimidating, profane, pornographic, hateful, racially, ethnically or sexually discriminatory or otherwise objectionable in any way or that otherwise violates any right of another; (5) encourages conduct that would violate any conduct prohibited by this Agreement; (6) restricts or inhibits any other user from using the Website; (7) is or amounts to an unsolicited advertisement, promotion, or other form of solicitation; (8) impersonates any person or entity or that directly or indirectly attempts to gain unauthorized access to any portion of the Website or any computer, software, or data of any person, organization or entity that uses or accesses the Website; (9) provides or create links to external sites that violate the Agreement; (10) is intended to harm, exploit, solicit, or collect personally identifiable information of, any individual under the age of 18 (“Minor”) in any way; (11) invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their foreknowledge and willing consent or distributes or contains viruses or any other technologies that may harm the Website or any of its users; (12) is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Provider all of the license rights granted herein; and/or (13) contains or promotes an illegal or unauthorized copy of another person’s copyrighted work.
(iii) Copyrighted Material. To the extent that you Post any copyrighted Content, You hereby warrant that You own or have legal permission to use (including, without limitation, the right to Post) all Content that You Post. You shall respect the copyrights of others and only Post Content that You own or have legal permission to use (including, without limitation, the right to Post). Provider will ban repeat offenders and reserves the right to terminate the access of any user and ban use of the Website after a single violation.
(iv) Ownership; License to Provider. You retain ownership in any Content that You Post. You hereby grant to Provider an irrevocable, perpetual, transferable, non-exclusive license to be exercised by Provider at its sole and absolute discretion throughout the Universe on or through any media and using any technologies, whether now known or hereafter devised, including the right (a) to grant sublicenses to any Content that You Post; (b) to edit, reproduce, copy, publicly display, publicly perform, publish, broadcast, retransmit, distribute, create derivative works of and otherwise to exercise and exploit, whether commercially or otherwise, any and all proprietary rights in and to any Content You Post; and (c) to reproduce, copy, publicly display, publish, broadcast, retransmit, and distribute your name in association with your Posted Content.
(v) Viruses. You shall not knowingly or negligently Post any Content that contains viruses or other computer programming defects. Each computer You use to access the Website shall have updated anti-virus software protecting it.
(vi) Spamming. You shall not directly or indirectly use the Website for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. “Spam” or “Spamming” means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including, but not limited to, any advertisements.
(vii) Reuse of Content. Any collection, aggregation, copying, harvesting, duplication, display or derivative use of the Website or Posted Content, including the Standard, or any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose is prohibited unless expressly permitted by Provider in writing.
Notwithstanding the foregoing, Provider grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials. Provider reserves the right to revoke these exceptions generally or in specific cases.
(viii) Screening and Removal of Content. You acknowledge that, although Provider may or may not screen Content, Provider has the right (though not the obligation) in its sole and absolute discretion to screen, refuse to Post, reject, edit, remove or otherwise filter any Content including, without limitation, any Content that Provider believes violates any term of this Agreement or for any other reason.
5. EDITORIAL POLICIES.
(a) Editorial Content. Provider believes that everyone deserves an informed choice about whether or not to consume genetically modified organisms. In service of this mission, certain portions of the Website are intended to provide a resource for creating and nourishing a sustainable lifestyle—sharing resources, recipes, articles and insights. “Editorial Content” Posted on such portions of the Website will include Content provided by those certain persons chosen by Provider to contribute, will be reviewed and edited by Provider’s team, and will align with Provider’s core values (in contrast to any other Posted Content by, e.g., You or other Website users, which Posted Content Provider may or may not screen per Section 4(d)(viii) above).
(b) Blog Contributors. Contributors to the Website’s blog component may include members of the Provider team, guest contributors from the community and sponsors.
(c) Guest Contributors. Provider may invite select members from the community to write original Content for the Website that aligns with Provider’s vision.
(d) Sponsors. Sponsors of the Provider may include entities that participate in raising awareness for the Provider’s mission.
(e) Disclaimer. Recommendations regarding diet and lifestyle changes solely are intended to be friendly and informative. Any information provided on any portion of this Website is not medical advice and is not a substitute for the advice of a medical professional. Please see your healthcare provider before making changes to your diet or lifestyle.
(f) Readership. Unknown at this time.
(g) Contests, Giveaways and Promotions. As applicable, all Provider Verified Products that may be given away are donated by sponsors. Reasonable attempts will be made to ensure winners of any contests or giveaways receive their prizes. Provider, or any sponsor or other entity involved with any contest, giveaway or promotion, shall not be liable for unclaimed prizes or prizes not received for any reason, including, without limitation, incorrect addresses, lack of response from winners, or other communication issues in connection with any contest or giveaway. All terms applicable to a particular contest, giveaway or promotion will be made available to You at the time You enter the contest or promotion. There is no cost to enter any giveaway.
(h) Retailers. Participating retailers play an important role in spreading awareness and helping educate consumers through programs throughout the year.
(i) Advertising and Promotions. All advertisements and promotions are offered exclusively to sponsors and other brands. Advertising fees and in-kind donations help support the Provider’s mission and outreach programs. Provider thanks its advertisers and brands for their support.
(j) Contact. For general questions, please contact firstname.lastname@example.org, and for questions about product verification contact email@example.com.
6. PROHIBITING WEBSITE ACCESS, COMPLAINTS, AND INVESTIGATION. Provider reserves the right to prohibit use of the Website by any user who, in Provider’s sole and absolute discretion, violates any provision of this Agreement. Such prohibition may occur without notice to the user. If You believe a user is violating this Agreement, please contact us at firstname.lastname@example.org. Provider reserves the right to investigate any suspected violation of this Agreement and may gather information from the user(s) and/or complaining party, if any, and examine any Posted Content. In addition to Provider’s foregoing investigation rights, You hereby expressly authorize Provider to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at other Internet service providers, network or computing facilities and/or any other third party in order to enforce this Agreement or comply with any applicable law. Such cooperation may include, without limitation, Provider providing Your username, IP address, or other identifying information.
7. LINKS TO OTHER WEBSITES. The Website and materials posted on the Website may contain links to other Internet sites, which are not owned, operated, controlled, or reviewed by Provider. These links are provided solely as a courtesy and convenience to You. Provider exercises no control over the information, opinions, accuracy, copyright, trademark, compliance, or legality of the material contained on those sites and does not sponsor, endorse, or evaluate the content, proceeds, materials, opinions, products or services contained on such sites. Provider specifically disclaims any and all liability from damages, which may result from accessing any third-party site linked to the Website, or from reliance on any information or content contained in such third-party site.
8. CHANGES TO THE AGREEMENT. Provider reserves the right to change, modify or otherwise alter the terms and conditions of this Agreement after providing written notice to Users of such amendment by posting notice of the amendment on the Website home page or by providing such other notice as Provider deems appropriate. Users shall have the right to accept or reject the amended Agreement, provided that if a user rejects the amended Agreement, such user shall no longer have any right to use the Website. The most recent version of this Agreement may be accessed at any time at the Website.
You acknowledge and understand that the technical processing and transmission of the Website, including your Posted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. COPYRIGHT INFRINGEMENT TAKE DOWN PROCEDURE. Pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”), Provider has established policies for dealing with alleged and actual copyright infringement. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please send the following information to our Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail): (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the allegedly infringed material is located on the Website; (iii) a written statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (iv) your address, telephone number, and email address so that Provider is able to contact you; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”
Provider’s designated Copyright Agent to receive Notice of claimed infringement is: AlanPLewis at gmail.com, telephone: 303.986-4600 x10108
You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. Provider will remove any infringing material, subject to the counter-notice and put-back procedures outlined in the DMCA. Notwithstanding Provider’s instructions above, you are solely responsible for ensuring that any Notice you provide to Provider complies with the provisions of the DMCA.
11. TERM. This Agreement shall continue for as long as You use the Website, or until terminated by Provider, whichever occurs first.
12. LIMITATION OF LIABILITY. The limitation of liability is to the maximum extent permitted by applicable law. In no event shall Provider, its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support/maintenance providers, distributors, advertisers, licensors, sublicensees, and/or assigns be liable for any damages, whether arising in contract, tort or otherwise and including, without limit, any special, incidental, direct, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss or corruption of business information or other data, cost of cover, or any other pecuniary loss) arising out of the use of or inability to use the Website, including without limitation, Your participation in any interactive aspect of the Website and Your use of any information provided on or in connection with or obtained from the Website, even if Provider has been advised of the possibility of such damages.
13. INDEMNITY. In consideration of being permitted to use the Website, You agree to indemnify and hold harmless Provider, and/or its officers, directors, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support/maintenance providers, distributors, advertisers, licensors, sublicensees, and/or assigns, from any claim or demand, including reasonable attorneys’ fees, expert witness fees, and court costs, made by any third party due to or arising out of Content You Post, Your use of the Website, including without limitation, Your participation in any interactive aspect of the Website, Your use of any information provided on or in connection with or obtained from the Website, Your violation of this Agreement, Your breach of any of the representations and warranties contained herein, or Your violation of any rights of another.
14. GOVERNING LAW/JURISDICTION. This Agreement shall be exclusively interpreted, construed and enforced in all respects in accordance with the laws of the State of California (U.S.A.) without reference to its choice of law rules. You and Provider agree that venue for any and all disputes hereunder, or action on any obligation hereunder, will be exclusively brought in an appropriate state court in San Francisco County, California or in the United States District Court for the Northern District of California in San Francisco, California (U.S.A.), and You and Provider irrevocably consent to the jurisdiction of such courts for any dispute hereunder or action on any obligation hereunder. Notwithstanding the foregoing, no action brought by either party against the other for breach of this Agreement shall be limited to breach of contract remedies and either party may bring any additional cause(s) of action that would otherwise be available to it, including and only as applicable based on the facts presented, copyright infringement pursuant to Title 17 of the United States Code. You hereby expressly and specifically waive any objection You may have, pursuant to the Eleventh Amendment to the United States Constitution or otherwise, to the jurisdiction of, or any award that could be granted by, the United States Federal Courts.
15. GENERAL. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges and supersedes all prior agreements, writings, commitments, discussions and understandings between them. Except as provided in Section 8 above, no modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, shall be effective unless in writing signed by each party hereto. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. Provider’s failure to act with respect to a breach or breaches by You or any third party does not waive Provider’s right to act with respect to a subsequent or similar breach or breaches. This Agreement shall be construed within its fair meaning and no inference shall be drawn against the drafting Party in interpreting this Agreement.