Terms of Use

Terms of Use

Welcome to Humaneitarian.org, a website intended to provide information about eating humanely raised meat.

IMPORTANT! READ CAREFULLY.

THE FOLLOWING IS A LEGALLY BINDING AGREEMENT.

Posted December 2, 2011

This “Terms of Service” (hereinafter “ToS”) constitutes a legally binding agreement between you and Humaneitarian, LLC, owner and operator of humaneitarian.org (the “Website”), whenever you access the Website or use the Website in any manner whatsoever or access any of the “Content” offered by us. As used in this Agreement, “Content” shall include all content, software, tools and features offered on the Website, including without limitation text, blogs, graphics, articles, photographs, images, illustrations and video, as well as User Submissions (as defined below) and any service offered by or through the Website, including without limitation, discussion boards and referral services. A person who registers with the Website and/or accesses or uses the Content is hereinafter referred to as a “User” or “you.”

Your Warranties and Representations. You warrant and represent that:

  • you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the State of Vermont or any other applicable jurisdiction;
  • you have read and shall be bound by this ToS, our Privacy Policy and all rules, policies, disclaimers and FAQs posted on the Website or of which you are notified from time to time (hereinafter collectively referred to as “Terms and Conditions”);
  • the Content is for your own personal use and not for the use or benefit of any third party.

IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS NOW OR AT ANY TIME HEREAFTER, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR CONTENTS AND YOU MUST LEAVE THE WEBSITE IMMEDIATELY.

Changes, Modifications and Amendments to Terms and Conditions. We reserve the right, at any time, in our sole discretion, without prior notice and without any liability to you, (i) to change, modify or amend any Terms and Conditions, including this ToS; (ii) to change, suspend or discontinue any Content; and (iii) to impose limitations on the use of Content. All such changes described in the foregoing sentence (“Updates”) shall take effect on the date they are posted on the Website. Your continued access or use of the Content after an Update is posted shall be deemed full acceptance of all such changes. The most recent versions of the Terms and Conditions are the ones on the Website and you should always review them prior to using the Website. IF YOU DO NOT ACCEPT EACH UPDATE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE ACCESSING AND/OR USING THE CONTENT.

Violation of Terms and Conditions. Any violation of this ToS at any time may result in a suspension or cancellation of your registration with the Website. This is without prejudice to any rights or remedies we may have at law or in equity, including but not limited to seeking injunctive relief and damages.

Content.

Copyright and Other Applicable Law. The Content is protected by U.S. copyright laws, international conventions and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except under the “fair use” provisions of U.S. copyright laws), create derivative works based on, distribute, perform, display, or in any way exploit, any Content in whole or in part without our prior written consent.

Non-Commercial Use by You. You may download or copy Content for personal non-commercial use and other uses consistent with “fair use” under U.S. copyright laws only. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use or “fair use” is expressly prohibited without our prior written consent. You shall not link to the Website without our prior written consent.

User Submissions. In the course of accessing or using the Website, you and other users may provide information (including without limitation opinions, facts, images, sound recordings and video) which may be used by us in connection with the Content and which may be visible to or accessible by other users (“User Submissions”). You understand that by posting a User Submission, you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable right and license to exploit such information to the fullest extent and to allow others to do so. Without in any way limiting the generality of the foregoing, we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you, provided, however, that personally identifiable information that you have not made publicly available shall be handled in accordance with our current privacy policy at http://www.humaneitarian.org/privacy and not by this ToS.

User Submissions shall not contain material which could be construed, or is construed, as racist or derogatory to, or promoting violence against or hatred of, any class, group, gender or category of people. The Website is available to all people, regardless of gender, race, religion, creed, sexual orientation or belief, and respect for these aspects of identity is required. User Submissions shall not contain any material which (a) violates any law or regulation or any provision of the Terms and Conditions; (b) infringes on any right (including but not limited to copyright, patent, trademark, trade secret, or other intellectual property right orproprietary right or right of publicity or privacy) of any person or entity; or (c) indulges in or encourages harassment, defamation, stalking or any other type of unwelcome advance.

All User Submissions and all information privately transmitted through the Website are the sole responsibility of the person from which such Content originated. Under no circumstances shall we be liable in any way for any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Website.

We do not endorse or guarantee any User Submissions, and you may not state or imply any such endorsement or guarantee. We shall have no obligation to monitor any User Submission, provided, however, that we reserve the right to monitor User Submissions from time to time and may remove or block any User Submissions on or accessible through the Website, including disabling access to such User Submissions.

Information Regarding Other Users. We cannot guarantee the identity of any other users with whom you may interact in the course of using the Website. Additionally, we cannot guarantee the authenticity of any data which other users may provide about themselves.

Links to Other Websites. We sometimes provide access to other websites from our Website, but we don’t endorse or approve any information or products offered at such linked websites. Check the Uniform Resource Locator (URL) address provided in your web browser to see if you are still in our website or have moved to another site.

Ownership and Integrity of the Website.

The Website and Contents which are not User Submissions, together with all rights of any kind or nature in or to any of the foregoing, are, unless otherwise noted, owned by and remain our sole and exclusive property. Certain content may be licensed from third parties, and all intellectual property rights related to that content belong to the respective third parties.

Under no circumstances shall you engage in any of the following acts, conduct or behavior:

  • modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Website, or assist any other person or entity in doing so;
  • create derivative works of the Website or any content thereon;
  • remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained in the Website;
  • use, upload or distribute any device or computer programming routine, including but not limited to viruses, spiders, trojan horses, worms, time bombs, cancelbots or denial-of-service attacks, intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information, from the Website or any of its Members or Users;
  • take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.

Disclaimer of Warranties.

WE DO NOT WARRANT THAT THE CONTENT WILL BE FREE OF INACCURACIES OR TYPOGRAPHICAL ERRORS, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DONOT MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, SUITABILITY OR OTHERWISE FOR ANY PURPOSE. ALL CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND CONTENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NONINFRINGEMENT.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitations of Liability.

IN NO EVENT SHALL WE OR ANY OF OUR PRINCIPALS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS (HEREINAFTER “RELATED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR OUR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IN ANY JURISDICTION OR PROCEEDING IN WHICH THE FOREGOING LIMITATIONS ON LIABILITY ARE FOUND NOT TO APPLY, IN NO EVENT SHALL OUR OR OUR RELATED PARTIES’ LIABILITY TO YOU FOR ANY CLAIM EXCEED ONE HUNDRED US DOLLARS (US $100.00).

Indemnification. You hereby agree to and do hereby indemnify, save, and hold harmless Humaneitarian, LLC and its Related Parties from any and all damages, liabilities, costs, expenses and other losses (including reasonable attorneys’ fees, legal costs and legal expenses) arising out of or connected with any claim, demand or action which is inconsistent with any of the warranties, representations, promises or covenants made by you in this Agreement or which arise out of or are related in any way to your breach of the Terms and Conditions or your use of or conduct on the Website.

Miscellaneous.

If there is a conflict between an oral or written representation made by any of our employees or agents and any provision of this Agreement, this Agreement shall prevail. The ToS shall prevail over any conflict or inconsistency with the Privacy Policy and any FAQs on the Website.

You agree that we may assign the rights we have acquired under this Agreement to any other person or entity of its choosing and through multiple tiers, with or without notice to you. You may not assign any rights you may have under this Agreement without our prior written authorization.

No waiver by you or us of any provision of this Agreement or of any default under any provision shall affect your or our respective rights thereafter to enforce such provision or to exercise any right or remedy in the event of any other default, whether or not similar.

If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provision of this Agreement shall be affected as a result thereof, and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.

This Agreement shall be governed by and shall be construed in accordance with the laws of Vermont without regard to principles of conflicts of law. Any and all actions, suits and proceedings arising out of or related to this Agreement or the subject matter hereof shall be brought only in the courts located in the State of Vermont, and the parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that they may now or hereafter have with respect thereto.

The section titles or headings in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

Copyright Notice.

Except for User Submissions, the Contents are copyright © 2011 Humaneitarian, LLC. ALL RIGHTS RESERVED.

Trademark Notice.

“Humaneitarian” is a trademark of Humaneitarian, LLC.