terms of use/service
As of March 24, 2008
Welcome to the Modern Feed & Supply ("Modern Feed") web site and online services (the "Modern Feed Site"). The following Terms of Service for the Modern Feed Site is a legal contract between you, either a member of at least 13 years of age or a user ("You"), and Modern Feed regarding your use of the Modern Feed Site. Members and users of the Modern Feed Site are referred to individually as "User" and collectively as "Users."
If you have any questions or comments about these Terms of Service, please contact us at help@modernfeed.com.
PLEASE READ CAREFULLY THE FOLLOWING TERMS of SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE Modern Feed Site (whether or not you are a registered member), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS and conditions, INCLUDING any ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS").
Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. Modern Feed may, in its sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Access and Use of the Modern Feed Site.
1.1 You must be at least 13 years of age to register as member of the Modern Feed Site. If you are under 13 years of age, you may use the Modern Feed Site, and are welcome to join as a member once you are 13 years of age.
1.2 Modern Feed grants you a limited license to access and make personal, non-commercial use of the Modern Feed Site subject to these Terms. Except for this limited right to access the Modern Feed Site, Modern Feed and its suppliers own and retain all rights to the Modern Feed Site.
2. Privacy Notice. Your privacy is important to Modern Feed. Modern Feed's Privacy Policy is hereby incorporated into these Terms by reference. Thus, by agreeing to these Terms, you agree that your presence on the Modern Feed Site is governed by the Modern Feed Privacy Policy in effect at the time of your use. Modern Feed agrees to protect your personal information as described in the Privacy Policy on the Modern Feed Site. You agree that Modern Feed can export your information to any country as operationally necessary, even if that country's privacy laws are weaker or different from the privacy laws of your country and that Modern Feed can use and transfer your personal information to the extent provided in the Privacy Policy.
3. Individual Features and Services. When using the Modern Feed Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms. Modern Feed reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Modern Feed Site after the posting of changes constitutes your binding acceptance of such changes.
5. Software and Content Downloads. Modern Feed and its licensors may make certain software and other content available to You for download from the Modern Feed Site. All such software or other content that You download shall be subject to the terms and conditions included with such software or content or otherwise presented to You at the time of download. Modern Feed reserves the right, at our discretion, to change, modify, remove or discontinue any content or services available on the Modern Feed Site at any time.
6. Digital Millennium Copyright Act. It is Modern Feed's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Modern Feed's DMCA Notification Guidelines. Modern Feed has a policy of terminating repeat infringers in appropriate circumstances.
7. Prohibited Conduct.
Modern Feed grants you permission to use the Modern Feed site subject to the terms and conditions set forth in these Terms. By using the Modern Feed Site You agree not to:
7.1 use the Modern Feed Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
7.2 disrupt, circumvent, or interfere with any part of the Modern Feed Site; forge or modify any data processed or distributed by the Modern Feed Site; or use an automated process to cause greater demand on the Modern Feed Site than a single person could produce;
7.3 Alter, modify, delete, or otherwise interfere with or in any manner compromise any content, programming, advertising, services and/or features contained on or through the Service, including, without limitation, the Modern Feed Site's advertising and/or content delivery and display functionality;
7.4 register as a member of the Modern Feed Site if You are under the age of 13 years old;
7.5 use the Modern Feed Site, or any features therein, for any commercial use, without the prior written authorization of Modern Feed. Prohibited commercial uses include any of the following actions: (i) sale of access to the Modern Feed Site or its related services on another website; (ii) use of the Modern Feed Site or its related services, for the primary purpose of gaining advertising or subscription revenue; (iii) the sale of advertising, on the Modern Feed Site or any third-party website, targeted to the content of the Modern Feed Site and (iv) and any use of the Modern Feed Site or its related services that Modern Feed finds, in its sole discretion, adversely affects Modern Feed or the Modern Feed Site;
7.6 use or launch any automated system, including without limitation, "bots," "spiders," or "offline readers," that accesses the Modern Feed Site; and
7.7 collect or harvest any personally identifiable information, including account names, from the Modern Feed Site, nor to use the communication systems provided by the Modern Feed Site (e.g. comments, email) for any commercial solicitation purposes.
8. Modern Feed Account.
8.1 Some functions of the Modern Feed Site require registration by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Modern Feed, in its sole discretion, finds offensive or inappropriate, Modern Feed has the right to suspend or terminate your account.
8.2 You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to Modern Feed on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Modern Feed at help@modernfeed.com. YOU MAY BE LIABLE FOR THE LOSSES INCURRED BY MODERN FEED OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR MODERN FEED ACCOUNT.
9. Termination; Terms of Use Violations.
9.1 Modern Feed. You agree that Modern Feed, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Modern Feed or your use of the Modern Feed Site and remove and discard all or any part of your account or User ID at any time. Modern Feed may also in its sole discretion and at any time discontinue providing access to the Modern Feed Site, or any part thereof, with or without notice. YOU AGREE THAT ANY TERMINATION OF YOUR ACCESS TO THE MODERN FEED SITE OR ANY ACCOUNT YOU MAY HAVE OR PORTION THEREOF MAY BE AFFECTED WITHOUT PRIOR NOTICE, AND YOU AGREE THAT MODERN FEED WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SUCH TERMINATION. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Modern Feed may have at law or in equity.
9.2 You. Your only remedy with respect to any dissatisfaction with (i) the Modern Feed Site, (ii) any term of these Terms, (iii) Guidelines, (iv) any policy or practice of Modern Feed in operating the Modern Feed Site, or (v) any content or information transmitted through the Modern Feed Site, is to terminate these Terms and your account. You may terminate these Terms and your account at any time by emailing us at privacy@modernfeed.com .
10. Third-Party Sites, Products and Services; Links.
10.1 The Modern Feed Site may include links or references to other web sites or services. If we provide links or pointers to other websites, no inference or assumption should be made that Modern Feed operates, controls, or is otherwise connected with these websites. When you click on a link within the Modern Feed Site, we will not warn you that you have left the Modern Feed Site and You are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left the Modern Feed Site and reached another website. Please be careful and read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another website. Modern Feed has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Modern Feed will not and cannot censor or edit the content of any third-party site. BY USING THE MODERN FEED SITE, YOU EXPRESSLY RELIEVE MODERN FEED FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE.
10.2 Access and use of other sites, including the information, materials, products, and services on or available through those sites is solely at your own risk. Modern Feed is not responsible for the content or practices of any other website, even if it links to the Modern Feed Site, and even if the website is operated by a company affiliated or otherwise connected with Modern Feed.
11. Ownership; Proprietary Rights.
11.1 The Modern Feed Site is owned and operated by Modern Feed. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Modern Feed Site provided by Modern Feed (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Modern Feed Site are the property of Modern Feed or its subsidiaries or affiliated companies and/or third-parties. Except as expressly authorized by Modern Feed, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials on the Modern Feed Site. Modern Feed, its subsidiaries or affiliated companies and/or third-parties reserve all rights not expressly granted in these Terms.
11.2 Modern Feed, the Modern Feed logo, www.modernfeed.com, and other Modern Feed names, graphics, logos, scripts, and sounds are trademarks of Modern Feed. None of the Modern Feed trademarks may be copied, downloaded or otherwise exploited without Modern Feed's prior written consent.
12. Indemnification. You agree to defend, indemnify, and hold Modern Feed and its affiliates, subsidiaries, and distribution partners, and each of their respective investors, directors, officers, employees and/or agents (collectively, "Modern Feed Indemnitees") from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to attorneys fees) arising from: (i) your use of and access to the Modern Feed Site; (ii) your violation of any term of these Terms; (iii) your violation, alleged or actual of any third party right, including without limitation any copyright, property, or other intellectual property right (including rights of publicity and privacy) ; or (iv) your gross negligence or willful malfeasance (collectively, "Claims"). You are solely responsible for all costs, fees and expenses of defending such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Modern Feed Indemnitees. Modern Feed shall have the right, in its sole discretion, to select its own legal counsel to defend the Modern Feed Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys fees incurred by the Modern Feed Indemnitees in connection therewith. You shall not, without the prior express written approval of Modern Feed, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligations or liability for any Modern Feed Indemnitee. This defense and indemnification obligation will survive these Terms and your use of the Modern Feed Site.
13. Disclaimer of Warranty; Limitation of Liability.
13.1 Disclaimer of Warranties. YOU AGREE THAT USE OF THE MODERN FEED SITE IS AT YOUR OWN RISK. THE MODERN FEED SITE AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE MODERN FEED SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH "ALL FAULTS" BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MODERN FEED DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; OR THAT THE MODERN FEED SITE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, MODERN FEED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS MODERN FEED SITE, THE MATERIALS OR THE CONTENT OF ANY SITES LINKED TO THIS MODERN FEED SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE MATERIALS OR INFORMATION AVAILABLE THROUGH THE MODERN FEED SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MODERN FEED SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MODERN FEED'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MODERN FEED SITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MODERN FEED SITE BY ANY THIRD PARTY.
13.3 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL MODERN FEED OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE "MODERN FEED PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE MODERN FEED SITE (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE MODERN FEED SITE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY (INCLUDING NEGLIGENCE), EVEN IF THE MODERN FEED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.4 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU.
14. Miscellaneous.
14.1 Severability. If any provision of these Terms, including the Disclaimer of Warranty or Limitation of Liability, is held invalid, unenforceable, or void by a court, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected.
14.2 No Waiver/Reliance. If you see other users violating these Terms from time to time, we would appreciate it if you would let us know at help@modernfeed.com. Precisely how Modern Feed responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. Please do not rely upon Modern Feed's precise response to one situation as any indication of what Modern Feed might do with respect to a different party or a different situation at a different time. In addition, please do not construe a waiver of any provision of these Terms with respect to any user as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. Modern Feed's decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy.
14.3 Governing Law. These Terms will be governed by and construed in accordance WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW. Any action brought by You against Modern Feed arising out of these Terms shall be brought exclusively in the courts located in the State of California, and any action brought by Modern Feed against You arising out of these Terms shall, at the election of Modern Feed, be brought in either the courts located in the State of California, or the applicable courts of the jurisdiction in which You reside. You and Modern Feed hereby consent to, and irrevocably submit yourselves to, the exclusive personal jurisdiction and venue of such courts. You further agree not to bring claims on a representative, class member basis, or as a private attorney general.
14.4 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Modern Feed Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14.5 Assignment. These Terms and related Guidelines, and any rights and licenses it grants or receives, may be assigned or transferred by Modern Feed without restriction. You are not permitted to assign, sublicense or transfer Your rights hereunder.
14.6 Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Modern Feed Site are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
14.7 Entire Agreement. These Terms, the Privacy Policy and Guidelines constitute the entire agreement between You and Modern Feed relating to the subject matter herein (but exclude any services, if any, that Modern Feed may provide to you under a separate written agreement), and completely replaces any prior agreements between You and Modern Feed in relation to the Modern Feed Site. It may not be amended or varied by You except in a writing, signed by Modern Feed. For these purposes a signature may not include an electronic signature.
