TERMS OF USE

[Last Updated: November 2019]

BY ACCESSING OR USING THE WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES OF ASHLAND FOOD COOPERATIVE (“AFC”) YOU AGREE TO BE BOUND BY THESE TERMS OF USE, SO PLEASE READ THESE TERMS OF USE CAREFULLY.  

DO NOT USE AFC’S WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE.

  1. Ownership of Content.  All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on AFC’s websites, mobile applications and online services (collectively, the “AFC Sites”), such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, is the property of AFC (or to another party that has licensed their material to AFC) and is protected by United States and international copyright laws.

  2. Limited License to Use.  AFC grants you a non-exclusive, non-transferable, limited license to view the AFC Sites and the material AFC posts therein, and to download and/or print portions of materials retrieved from the AFC Sites as long as (a) it is used only for personal, informational and non-commercial purposes, (b) you are 13 years of age or older, and (c) you do not remove or obscure the copyright notice or other notices.  No part of ashlandfood.coop, or the content posted on any other of the AFC Sites, may be reproduced, republished, copied, transmitted or distributed in any form or by any means, without the express written permission of AFC, which may be withheld by AFC in its sole discretion.

  3. Children.  Parents should always supervise their children while online.  AFC advises that if a parent feels that anything about any of the AFC Sites is inappropriate for their child, they monitor the child’s use of such site as they would all other Internet usage.  AFC’s online communities are not designed nor intended to solicit use by, or target as a user group, children under 13 years of age.  AFC does not collect personal information from any person that AFC actually knows is under 13 years of age that would make that individual personally identifiable.  So that AFC may comply with the Children's Online Privacy Protection Act, AFC asks that children under 13 years of age not provide any personal information on its online communities.

  4. Privacy Policy.  Your use of the AFC Sites is subject to AFC’s Privacy Policy.  Please review the Privacy Policy for more information on how AFC collects and uses information.

  1. User Generated Content.  You hereby grant AFC a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete and distribute any information (except order information sent via email or phone) or materials you share with AFC (“User Generated Content”), including, without limitation, any comments, reviews, photos, videos, text, music, sound, graphics, code or other materials you post, upload or transmit to any of the AFC Sites throughout the world in any media, and including when you allow AFC to feature text, images and videos shared through social media or submitted through AFC’s Reviews and Ratings.  You also grant AFC the right to use the name and social media handle that you use when you share User Generated Content with AFC in connection with that User Generated Content.  You agree not to create, post, upload, transmit or store any comments, reviews, photos, videos, text, music, sound, graphics, code or other User Generated Content on the AFC Sites (including, without limitation, any forums, blogs, profiles, product reviews or other interactive features) unless you are the owner of the rights to such material, and further agree that no such material will (a) be false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening or harassing, (b) contain harmful computer code, (c) reference other websites, or (d) violate, misappropriate or infringe any rights of any third party.

  1. User Accounts.  If you create a user account as a part of your use of any of the AFC Sites, you agree to (a) provide accurate, current and complete information, (b) maintain and promptly update your account information, (c) maintain the security of your account credentials, and (d) promptly notify AFC if you discover or otherwise suspect any security breaches related to your account or the AFC Sites.

  1. Indemnification.  To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless AFC and its  officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with AFC, the “Indemnified Parties”), from and against any and all claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of the AFC Sites, (b) any User Generated Content you create, post, upload, transmit or store on or through the Sites, (c) your violation of these Terms of Use, and/or (d) your violation, misappropriation or infringement of any rights of any third party.  You agree to promptly notify the Indemnified Parties of any third party Claims, cooperate with the Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees), and further agree that the Indemnified Parties shall have control of the defense or settlement of any third party Claims.

  2. Disclaimers and Limitation of Liability.

  • The AFC Sites are provided on an “AS IS” and “AS AVAILABLE” basis.  YOUR USE OF THE AFC SITES AND ANY CONTENT THEREIN IS AT YOUR OWN RISK.  AFC does not guarantee that the functions of the AFC Sites will be error-free, uninterrupted or virus-free.  In connection with your use of the AFC Sites, AFC assumes no liability for delay, corruption of data, interruption of service, or interception of data transmissions outside of AFC’s direct control.

  • AFC make no representations or warranties as to the (a) accuracy, completeness, inclusiveness, reliability or timeliness of the content, textual material, graphics or links included as part of the AFC Sites, or the data transmission capabilities provided by the AFC Sites, or (b) compliance with or satisfaction of any governmental regulations requiring disclosure of information concerning products or services offered by content providers or advertisers as a part of the AFC Sites.  

  • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AFC AND ITS CONTENT PROVIDERS, BUSINESS ASSOCIATES AND ADVERTISERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS.

  • TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AFC NOR ITS CONTENT PROVIDERS, BUSINESS ASSOCIATES, ADVERTISERS OR ANY THIRD PARTIES REFERRED TO IN THE AFC SITES SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR DEATH, LOST PROFITS OR DAMAGES FROM DATA LOSS OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE AFC SITES OR ANY CONTENT THEREIN, OR YOUR USE OR MISUSE OF THE AFC SITES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AFC IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.  

  1. Modification.  AFC reserves the right to modify or discontinue, temporarily or permanently, any or all of the AFC Sites, or any features or portions thereof, without prior notice.

  2. Termination.  AFC reserves the right, without notice and in its sole discretion, to terminate your right to use the AFC Sites, or any portion of the AFC Sites, and to block or prevent your future access to and use of the AFC Sites or any portion of the AFC Sites.

  3. Severability.  If any term, clause or provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that term, clause or provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining terms, clauses or provisions.

  4. Governing Law/Jurisdiction.  These Terms of Use and your access to and use of the AFC Sites shall be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict-of-laws principles.  You agree that any action at law or in equity arising out of or relating to these Terms of Use and/or your use of any of the AFC Sites shall be filed only in the state and federal courts located in Jackson County, Oregon, and you hereby irrevocably and unconditionally submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of or relating to these Terms of Use and/or your use of any of the AFC Sites.