Terms of Use - American Farm Trail

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. AMERICAN FARM BUREAU FOUNDATION FOR AGRICULTURE (“AFBFA” OR “WE”) SEEKS TO RAISE AWARENESS ABOUT AGRICULTURE AND EDUCATE THE GENERAL PUBLIC ABOUT AGRICULTURE. AS PART OF THIS EDUCATIONAL MISSION, WE PROVIDE AN ONLINE PLATFORM THAT CONNECTS INDIVIDUALS SEEKING AGRICULTURAL AND AGRITOURISM INFORMATION WITH RESOURCES AND INFORMATION ABOUT EDUCATIONAL OPPORTUNITIES AND AGRITOURISM OPERATORS (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”), WHICH SERVICES ARE ACCESSIBLE AT FARMTRAILAPP.COM AND ANY OTHER WEBSITES THROUGH WHICH AFBFA MAKES THE SERVICES AVAILABLE (COLLECTIVELY, THE “SITE”) AND AS APPLICATIONS FOR MOBILE DEVICES (THE “APPLICATION”; ANY REFERENCE TO OR PROVISION REGARDING THE “SITE” SHALL ALSO BE DEEMED TO INCLUDE THE APPLICATION). BY ACCESSING THE SITE OR APPLICATION, OR BY DOWNLOADING THE APPLICATION, OR BY POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE AGREEING TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND ALL AFBFA MATERIALS (DEFINED BELOW), AND CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND AFBFA. AS A USER OF THE SITE (“USER”), COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH AFBFA, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY AFBFA IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, AFBFA will make a new copy of the Terms of Use available at the Site and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site. We will also update the “Last Updated” date at the top of the Terms of Use. Any changes to the Terms will be effective immediately for new Users of the Site or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing Users. AFBFA may require you to provide consent to the updated Terms in a specified manner before further use of the Site or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

OUR SITE AND SERVICES.
1. Overview. We provide the Site and Services as an online network and service to provide individuals seeking agritourism information (“Customers”) with resources about agritourism operators (“Property”). We enable Customers to learn about Property of landowners who have created Listings for such Property (each, a “Landowner”). Our Users include Customers and Landowners.
2. Our Role. AFBFA HAS NO CONTROL OVER THE CONDUCT OF LANDOWNERS, CUSTOMERS, OR OTHER USERS OF THE SITE AND SERVICES OR ANY PROPERTY OR OTHER THIRD PARTY. We are not an owner, operator, or provider of any Property, nor do we manage and/or control Properties or transportation or travel services.
3. Disclaimer. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from AFBFA, its parents, subsidiaries, affiliates, officers, employees, agents, partners, licensors or sponsors with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users regarding any Listings (defined below).
4. For Customers. The following terms apply only to Users in their role as a Customer:
  1. Visits. AFBFA acts solely as a technology service that facilitates communication and is not a party to any transaction between Customers and Landowners. You acknowledge and agree that you, and not AFBFA, will be responsible for performing the obligations of any agreement you may have with a Landowner, that AFBFA is not a party to such agreements, and that AFBFA disclaims all liability arising from or related to any such agreements.
  2. Promotions. From time to time, we may elect to run or otherwise make available promotional offers, deals and/or codes for Property. Unless otherwise indicated on the Site, we may establish and modify, in our sole discretion, the terms of such offer and suspend or end such offer at any point, with or without notice to you. We reserve the right, in our sole discretion, to reject or refuse to honor any special deal or promotional code you submit to, or otherwise attempt to redeem on, the Site or Services. Promotional codes are generally limited to one use per customer. We may post additional terms of a promotion on the Site.
5. For Landowners. If you are a Landowner, the following provisions apply to you:
  1. Listings. If you wish to list a Property as a Landowner, you may create a listing of that Property by answering a variety of questions about it (“Listing”). Listings are made publicly available on our Site. You acknowledge and agree that you are responsible for any and all Listings you post. We reserve the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
  2. Visits. Any agreement or transaction you enter into with a Customer is between you and the Customer and we are not a party thereto.
  3. Relationship with Landowners. Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between AFBFA and you.
Use of the Services and AFBFA Materials. The Site, the Services, the Application and the information and content available on the Site and in the Services and Application (collectively, the “AFBFA Materials”) are protected by copyright laws throughout the world. Subject to the Terms, AFBFA grants you a limited license to reproduce portions of the AFBFA Materials for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by AFBFA in a separate license, your right to use any AFBFA Materials is subject to the Terms.
1. Updates. You understand that the AFBFA Materials are evolving. As a result, AFBFA may require you to accept updates to the AFBFA Materials that you have installed on your computer or mobile device. You acknowledge and agree that AFBFA may update the AFBFA Materials with or without notifying you. You may need to update third-party software from time to time in order to use the AFBFA Materials.
2. Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the AFBFA Materials or any portion of the AFBFA Materials, including the Site, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other AFBFA Materials (including images, text, page layout or form) of AFBFA; (c) you shall not use any metatags or other “hidden text” using AFBFA’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the AFBFA Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site; (f) access the AFBFA Materials in order to build a similar or competitive Site, application or service; (g) except as expressly stated herein, no part of the AFBFA Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the AFBFA Materials. Any future release, update or other addition to the AFBFA Materials shall be subject to the Terms. AFBFA, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the AFBFA Materials terminates the licenses granted by AFBFA pursuant to the Terms.
3. Third-Party Materials. As a part of the AFBFA Materials, you may have access to materials that are hosted by another party. You agree that it is impossible for AFBFA to monitor such materials and that you access these materials at your own risk.
Registration.
1. Registering Your Account. In order to access certain features of the AFBFA Materials you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Site (“Account”).
2. Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; and (2) of legal age to form a binding contract. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the AFBFA Materials by minors. You may not share your Account or password with anyone, and you agree to notify AFBFA immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or AFBFA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AFBFA has the right to suspend or terminate your Account and refuse any and all current or future use of the AFBFA Materials (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform at any given time. AFBFA reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the AFBFA Materials if you have been previously removed by AFBFA, or if you have been previously banned from any of the AFBFA Materials.
3. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the AFBFA Materials, including but not limited to, a mobile device that is suitable to connect with and use the AFBFA Materials, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the AFBFA Materials.
Responsibility for Content.
1. Types of Content. You acknowledge that all Content, including the AFBFA Materials, is the sole responsibility of the party from whom such Content originated. This means that you, and not AFBFA, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the AFBFA Materials (“Your Content”), and other Users of the AFBFA Materials, and not AFBFA, are similarly responsible for all Content they Make Available through the AFBFA Materials (“User Content”).
2. No Obligation to Pre-Screen Content. You acknowledge that AFBFA has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although AFBFA reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that AFBFA pre-screens, refuses or removes any Content, you acknowledge that AFBFA will do so for AFBFA’s benefit, not yours. Without limiting the foregoing, AFBFA shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
3. Storage. Unless expressly agreed to by AFBFA in writing elsewhere, AFBFA has no obligation to store any of Your Content that you Make Available on the AFBFA Materials. AFBFA has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the AFBFA Materials. You agree that AFBFA retains the right to create reasonable limits on AFBFA’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by AFBFA in its sole discretion.
Ownership.
1. AFBFA Materials. Except with respect to Your Content and User Content, you agree that AFBFA and its suppliers own all rights, title and interest in the AFBFA Materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, the Services, or the AFBFA Materials.
2. Trademarks. AFBFA and other related graphics, logos, service marks and trade names used on or in connection with the AFBFA Materials or in connection with the Services are the trademarks of AFBFA and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the AFBFA Materials are the property of their respective owners.
3. Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the AFBFA Materials.
4. Your Content. AFBFA does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the AFBFA Materials, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
5. License to Your Content. Subject to any applicable account settings that you select, you grant AFBFA a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the AFBFA Materials, including workspaces. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not AFBFA, are responsible for all of Your Content that you Make Available on or in the AFBFA Materials.
6. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of AFBFA.
7. Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
User Conduct.
1. Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Terms): (a) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the AFBFA Materials (including your Account), or access to or use of the AFBFA Materials; or (b) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
2. Unauthorized Use or Access. You agree that you will not, under any circumstances:
  1. Interfere or attempt to interfere with the proper functioning of the AFBFA Materials or connect to or use the AFBFA Materials in any way not expressly permitted by the Terms;
  2. Systematically retrieve data or other content from our AFBFA Materials to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
  3. Use, display, mirror or frame the AFBFA Materials, or any individual element within the AFBFA Materials, AFBFA’s name, any AFBFA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without AFBFA’s express written consent;
  4. Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the AFBFA Materials or that is in transit from or to the AFBFA Materials, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the AFBFA Materials;
  5. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the AFBFA Materials, whether through the use of a network analyzer, packet sniffer or other device;
  6. Make any automated use of the AFBFA Materials, or take any action that imposes or may impose (in AFBFA’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for the AFBFA Materials;
  7. Use, facilitate, create, or maintain any unauthorized connection to the AFBFA Materials, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the AFBFA Materials; or (ii) any connection using programs, tools or software not expressly approved by AFBFA;
  8. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the AFBFA Materials, or to obtain any information from the AFBFA Materials;
  9. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the AFBFA Materials;
  10. Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  11. Solicit or attempt to solicit personal information from other Users of the AFBFA Materials; or
  12. Use the AFBFA Materials to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.
3. General. In connection with your use of the AFBFA Materials, you shall not:
  1. Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; or (vi) promotes illegal or harmful activities;
  2. Harm minors in any way;
  3. Impersonate any person or entity, including, but not limited to, AFBFA personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  5. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
  6. Register for more than one Account or register for an Account on behalf of an individual other than yourself;
  7. Stalk or otherwise harass any other User of our AFBFA Materials; or
  8. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
4. Investigations. AFBFA may, but is not obligated to, monitor or review the AFBFA Materials and Content at any time. Without limiting the foregoing, AFBFA shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although AFBFA does not generally monitor user activity occurring in connection with the AFBFA Materials or Content, if AFBFA becomes aware of any possible violations by you of any provision of the Terms, AFBFA reserves the right to investigate such violations, and AFBFA may, at its sole discretion, immediately terminate your license to use the AFBFA Materials, or change, alter or remove Your Content, in whole or in part, without prior notice to you – for any reason or no reason.
Interactions with Other Users.
1. User Responsibility. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that AFBFA reserves the right, but has no obligation, to intercede in such disputes. You agree that AFBFA will not be responsible for any liability incurred as the result of such interactions.
2. Content Provided by Other Users. The AFBFA Materials may contain User Content provided by other Users. AFBFA is not responsible for and does not control User Content. AFBFA has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
3. Third-Party Services. The AFBFA Materials may contain links to third-party Sites (“Third-Party Sites”) and advertisements for third parties (collectively, “Third-Party Sites & Ads”). When you click on a link to a Third-Party Site or Ad, we will not warn you that you have left the AFBFA Materials and are subject to the terms and conditions (including privacy policies) of another Site or destination. Such Third-Party Sites are not under the control of AFBFA. AFBFA is not responsible for any Third-Party Sites & Ads. AFBFA provides these Third-Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Sites & Ads, or their products or services. You use all links in Third-Party Sites & Ads at your own risk. When you leave our Site, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
4. Fees. There are no fees for browsing or using our Site.
5. Indemnification. You agree to indemnify and hold AFBFA, its parents, subsidiaries, affiliates, officers, employees, agents, partners, licensors and sponsors (collectively, the “AFBFA Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the AFBFA Materials; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; and (e) your violation of any applicable laws, rules or regulations; (f) your interaction with any User. AFBFA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AFBFA in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the AFBFA Materials.
6. Disclaimer of Warranties.
  1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE AFBFA MATERIALS IS AT YOUR SOLE RISK, AND THE AFBFA MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE AFBFA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    1. THE AFBFA PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE AFBFA MATERIALS OR ANY PROPERTY ACCESSED A RESULT OF YOUR USE OF THE AFBFA MATERIALS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE AFBFA MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE AFBFA MATERIALS WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE AFBFA MATERIALS WILL BE CORRECTED.
    2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE AFBFA MATERIALS IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE AFBFA MATERIALS, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
    3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. AFBFA MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THEIR QUALITY, EFFECTIVENESS, AND REPUTATION.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AFBFA OR THROUGH THE AFBFA MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT AFBFA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD AFBFA PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING CUSTOMERS, LANDOWNERS, AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
8. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE AFBFA MATERIALS. YOU UNDERSTAND THAT AFBFA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, WHETHER CUSTOMERS OR LANDOWNERS. AFBFA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE AFBFA MATERIALS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE AFBFA MATERIALS.
Limitation of Liability.
1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE AFBFA PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AFBFA MATERIALS OR ANY BOOKING, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT AFBFA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE AFBFA MATERIALS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE AFBFA MATERIALS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE AFBFA MATERIALS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AFBFA MATERIALS; OR (5) ANY OTHER MATTER RELATED TO THE AFBFA MATERIALS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE AFBFA PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY AFBFA FROM YOU OR PAID BY AFBFA TO YOU IN THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID AFBFA ANY AMOUNTS IN SUCH PERIOD, AFBFA’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50.00).
3. EXCLUSION OF DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Term and Termination.
1. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the AFBFA Materials, unless terminated earlier in accordance with the Terms.
2. Prior Use. Notwithstanding the foregoing, if you used the AFBFA Materials prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the AFBFA Materials (whichever is earlier) and will remain in full force and effect while you use the AFBFA Materials, unless earlier terminated in accordance with the Terms.
3. Termination of Services by AFBFA. AFBFA has the right to suspend or terminate any Services provided to you for any reason. You agree that all terminations for cause shall be made in AFBFA’s sole discretion and that AFBFA shall not be liable to you or any third party for any termination of your Account.
4. Termination of Services by You. If you want to terminate the Services provided by AFBFA, you may do so by (a) notifying AFBFA at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to AFBFA’s address set forth below.
5. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. AFBFA will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Remedies.
1. Violations. If AFBFA becomes aware of any possible violations by you of the Terms, AFBFA reserves the right to investigate such violations. If, as a result of the investigation, AFBFA believes that criminal activity has occurred, AFBFA reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. AFBFA is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the AFBFA Materials, including Your Content, in AFBFA’s possession in connection with your use of the AFBFA Materials, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of AFBFA, its Users or the public, and all enforcement or other government officials, as AFBFA in its sole discretion believes to be necessary or appropriate.
2. Breach. In the event that AFBFA determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the AFBFA Materials, AFBFA reserves the right to:
  1. Warn you via e-mail (to any e-mail address you have provided to AFBFA) that you have violated the Terms;
  2. Delete any of Your Content provided by you or your agent(s) to the AFBFA Materials;
  3. Discontinue your registration(s) with the any of the AFBFA Materials, including any Services or any AFBFA community;
  4. Discontinue your subscription to any Services;
  5. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
  6. Pursue any other action which AFBFA deems to be appropriate.
3. No Subsequent Registration. If your registration(s) with or ability to access the AFBFA Materials, or any other AFBFA community is discontinued by AFBFA due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the AFBFA Materials or any AFBFA community through use of a different username or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those AFBFA Materials to which your access has been terminated. In the event that you violate the immediately preceding sentence, AFBFA reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
4. International Users. The AFBFA Materials can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that AFBFA intends to announce such Services or Content in your country. The AFBFA Materials are controlled and offered by AFBFA from its facilities in the United States of America. AFBFA makes no representations that the AFBFA Materials are appropriate or available for use in other locations. Those who access or use the AFBFA Materials from other jurisdictions do so at their own volition and are responsible for compliance with local law.
General Provisions.
1. Electronic Communications. The communications between you and AFBFA use electronic means, whether you visit the AFBFA Materials or send AFBFA e-mails, or whether AFBFA posts notices on the AFBFA Materials or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from AFBFA in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that AFBFA provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
2. Release of AFBFA. You hereby release AFBFA Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the AFBFA Materials, including but not limited to, any interactions with or conduct of other Users or third-party Sites of any kind arising in connection with or as a result of the Terms or your use of the AFBFA Materials. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
3. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without AFBFA’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
4. Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the District of Columbia, without giving effect to any principles that provide for the application of the law of another jurisdiction.
5. Notice. Where AFBFA requires that you provide an e-mail address, you are responsible for providing AFBFA with your most current e-mail address. In the event that the last e-mail address you provided to AFBFA is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, AFBFA’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to AFBFA at the following address: AFBFA, Attention: AFBFA Privacy Team, 600 Maryland Ave., SW, Ste. 1000W, Washington, DC 20024 Tel: (202) 406-3000. Such notice shall be deemed given when received by AFBFA by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
6. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
7. Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
8. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Mobile Applications. The following terms apply to the Application.
1. Application License. Subject to your compliance with the Terms, AFBFA grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
2. App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that the Terms are between you and AFBFA and not with the App Store. AFBFA, not the App Store, is solely responsible for the AFBFA Materials, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the AFBFA Materials, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the AFBFA Materials, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.