- Role. Through the Site, RegenOrganic provides informational resources on regenerative agriculture, regenerative organic certification, and associated news, programs, and events. The Site helps spread awareness about regenerative agriculture and to give You opportunities to learn more about RegenOrganic and the emerging development of the “Regenerative Organic Certification” process. Although RegenOrganic looks forward to increased support for regenerative agriculture concepts and practices, the Site does not itself provide or offer at this time regenerative organic certification (or any other industry certification).
- License Grant. This Agreement provides to You a personal, revocable, limited, non-exclusive, nontransferable, and nonsublicenseable license to use the Site conditioned on Your continued compliance with these terms. You may print and download materials and information from the Site solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices.
- License Grant Restrictions. This Agreement is only a license and not an assignment or sale. RegenOrganic transfers no ownership or intellectual property interest or title in and to the Site to You or anyone else. Further, RegenOrganic reserves all rights not expressly granted by this Agreement. Accordingly, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site (or any part thereof).
- Your General Obligations. You represent that You are at least eighteen (18) years of age (or the legal age of majority in Your jurisdiction (whichever is greater)) and will, at all times, provide lawful and accurate information when using the Site. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at Your own risk. While RegenOrganic has endeavored to create a secure and reliable Site, You should understand that the confidentiality of any communication or material transmitted to or from the Site over the Internet or other form of global communication network cannot be guaranteed.
- Other Terms and Conditions. Additional notices, terms, and conditions may apply to receipt of additional information or participation in a particular program, process, or event.
- Postings. The Site may also contain profiles, blogs, forums, message boards, and other interactive features and functionality where You may be able to share and post information and/or content (“Posting(s)”). By submitting a Posting, You automatically grant RegenOrganic a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such Posting (in whole or in part) worldwide and/or to incorporate it into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that You have all necessary rights to make the Posting available to RegenOrganic and warrant that You will not upload, post, display, or transmit a Posting that is unlawful, disruptive, or offensive or that contains information You deem confidential or sensitive. RegenOrganic is not responsible for screening, policing, editing, or monitoring Postings and encourages You to use reasonable discretion and caution in evaluating or reviewing any Posting. It is further understood that by merely permitting a Posting to appear on the Site, RegenOrganic has not become and is not a publisher of such Posting. RegenOrganic does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any Ally. Nevertheless, RegenOrganic reserves the right to monitor, delete, access, read, preserve, disclose or take other action with respect to any Posting (or parts thereof) that RegenOrganic reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to support requests, (v) protect the rights, property or safety of RegenOrganic, its customers, or the public, or (vi) that RegenOrganic believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to RegenOrganic, its services, or goodwill. RegenOrganic reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Posting.
DMCA Takedown. RegenOrganic respects the intellectual property of others. When RegenOrganic becomes aware of express third party allegations of copyright infringement in material distributed through the Site, RegenOrganic will investigate the allegations and take appropriate action. This responsive action can include, without limitation and particularly in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.
You acknowledge that You may be liable for damages, including attorneys’ fees and costs, if You materially misrepresent that a work or activity is infringing Your rights. If RegenOrganic terminates or suspends access to or use of the Site, RegenOrganic will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is RegenOrganic’s policy to document all notices of alleged infringement upon which RegenOrganic decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.
If You believe that Your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide RegenOrganic’s Copyright Agent with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on the Site that is requested to be removed;
- Your name, address, and daytime telephone number, and an e-mail address if available, so that RegenOrganic may contact You, if necessary;
- A statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
- An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
RegenOrganic’s Copyright Agent for notice of claims of copyright infringement on the Site is RegenOrganic’s Program Administrator, who can be reached as follows:
Regenerative Organic Alliance
Attn.: Program Administrator
259 W. Santa Clara St.
Ventura, CA 93001
Counter-notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to RegenOrganic’s Copyright Agent. All counter-notifications must include responsive information to what is set forth above, including any required statements or signatures.
- Feedback & Submissions. RegenOrganic welcomes Your feedback and suggestions about RegenOrganic’s programs or services or with respect to how to improve the Site. By transmitting any such suggestions, information, material, or other content (collectively, “Feedback”) to RegenOrganic, You represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including without limitation patents, copyrights, or trademark rights) and that You have all rights necessary to convey to RegenOrganic and enable RegenOrganic to use such Feedback. In addition, any Feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for RegenOrganic to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and You hereby waive any claim to the contrary.
- Third Party Products & Services. RegenOrganic, in its sole discretion, may feature and/or post the names or logos of third parties on the Site and/or feature on the Site materials, food, programs, products, or services provided by third parties over which RegenOrganic has no control.
- Proprietary Rights. The Site is owned by Regenerative Organic Alliance. Copyright 2018 © Regenerative Organic Alliance and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the Site, unless otherwise indicated, are owned by RegenOrganic and/or its licensors. REGENERATIVE ORGANIC, the Regenerative Organic logo, and all other names, logos, and icons identifying RegenOrganic, the Site, or other solutions, products, and services are proprietary trademarks of RegenOrganic, and any use of such marks without the express written permission of RegenOrganic is strictly prohibited. Other organization, business, service, or product names mentioned herein may be the trademarks and/or service marks of their respective owners.
Disclaimer. REGENORGANIC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE MATERIALS, PROGRAMS, FOOD, PRODUCTS, OR SERVICES PROVIDED BY, AVAILABLE THROUGH, OR ADVERTISED ON THIRD-PARTY WEBSITES. REGENORGANIC ALSO MAKES NO REPRESENTATIONS WITH RESPECT TO, NOR DOES IT GUARANTEE OR ENDORSE, THE QUALITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR LEGALITY OF ANY THIRD-PARTY MATERIALS, PROGRAMS, FOOD, PRODUCTS, AND SERVICES. YOUR CORRESPONDENCE OR ANY OTHER DEALINGS WITH THIRD PARTIES FOUND ON THE SITE ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY.
NOTHING HEREIN SHALL CONSTITUTE OR BE CONSTRUED AS ANY REPRESENTATION OR WARRANTY THAT THE SITE OR THE INFORMATION OR MATERIALS AVAILABLE THROUGHT SITE COMPLY WITH OR WILL ENABLE YOU TO COMPLY WITH APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, ORDERS OR REGULATIONS OR INDUSTRY CERTIFICATIONS. THE SITE, ANY RELATED INFORMATION (INCLUDING ANY INFORMATION REGARDING REGENERATIVE AGRICULTURE), AND ANY RELATED SOFTWARE FUNCTIONALITY OR MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. REGENORGANIC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. REGENORGANIC ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS.
- Limitation of Liability. YOU EXPRESSLY ABSOLVE AND RELEASE REGENORGANIC (AND PATAGONIA, INC.) FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND REGENORGANIC’S CONTROL, INCLUDING WITHOUT LIMITATION ANY DEALINGS YOU MAY HAVE WITH A THIRD PARTY. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REGENORGANIC (OR PATAGONIA, INC.) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, LOSS OF DATA OR THE FAILURE TO STORE ANY INFORMATION, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF REGENORGANIC (OR PATAGONIA, INC.) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE TOTAL LIABILITY OF REGENORGANIC (OR PATAGONIA, INC.) FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED $100 (U.S.). You and RegenOrganic agree to only bring claims arising from this Agreement on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless You and RegenOrganic agree otherwise, more than one person’s or party’s claims under this Agreement may not be consolidated. You and RegenOrganic agree that relief (including monetary, injunctive, and declaratory relief) may be awarded only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s) under this Agreement.
- Governing Law. This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California. You access the Site on Your own volition and are responsible for compliance with all applicable laws with respect to Your access and use of the Site. Additionally, RegenOrganic’s headquarters are located in the United States. Please be aware that information You provide to RegenOrganic, or that RegenOrganic obtains as a result of Your use of the Site, may be processed and transferred to the United States and be subject to United States law.
- Disputes. Any dispute relating in any way to the Site shall be submitted to confidential arbitration in Ventura, California, United States of America, except that, to the extent You have in any manner violated or threatened to violate RegenOrganic’s intellectual property rights, RegenOrganic may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and You consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure Section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
- Enforcing Security on the Site. RegenOrganic wishes to keep the Site as a safe resource. Therefore, You may not use the Site to engage in or promote illegal, abusive, or irresponsible behavior, including without limitation accessing or using RegenOrganic data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of RegenOrganic systems or networks, circumventing any RegenOrganic security or authentication measures, monitoring RegenOrganic data or traffic, interfering with any RegenOrganic services, collecting or using from the Site email addresses, screen names, or other identifiers, collecting or using from the Site information, including without limitation any Posting, without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against RegenOrganic or its data, systems, or networks. You have no reasonable expectation of privacy while using the Site because RegenOrganic reserves the right to view, monitor, and/or record activity on the Site in order to maintain security, including without limitation by archiving notices or communications sent by You through the Site. RegenOrganic also reserves the right at any time when warranted to suspend or terminate operation of or access to the Site or any portion of the Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. RegenOrganic will also comply with all court orders or subpoenas involving requests for such information. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including without limitation punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law.
- Injunctive Relief. You acknowledge that any breach, threatened or actual, of this Agreement, including without limitation with respect to unauthorized use of RegenOrganic proprietary assets, will cause irreparable injury to RegenOrganic, and that such injury would not be quantifiable in monetary damages, and that RegenOrganic would not have an adequate remedy at law. You therefore agree that RegenOrganic shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this Agreement. Accordingly, You hereby waive any requirement that RegenOrganic post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to RegenOrganic to enforce any provision of this Agreement.
- Term & Termination. This Agreement will take effect (or re-take effect) at the moment You check the box certifying that You have read, understand, and agree to abide by the terms and conditions of the Site, register, respond through the Site to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. RegenOrganic reserves the right at any time and on reasonable grounds, including without limitation on grounds of discontinuation of the Site, any reasonable belief of fraudulent or unlawful activity, or actions or omissions that violate any term or condition of this Agreement, to deny Your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or others, and this Agreement will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this Agreement at any time by ceasing to use the Site, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of the Site will reapply this Agreement (then in effect) to You. RegenOrganic may also discontinue operation of the Site at any time and for any reason and without notice to You. Upon termination of this Agreement, You must destroy all copies of any aspect of the Site in Your possession or control. The provisions concerning RegenOrganic’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this Agreement for any reason.
- Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
- Entire Agreement. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and RegenOrganic as a result of this Agreement or Your utilization of the Site. This Agreement represents the entire agreement between You and RegenOrganic with respect to use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and RegenOrganic with respect to the Site. You may not assign or transfer any rights under this Agreement without the prior written consent of RegenOrganic. Please note that RegenOrganic reserves the right to change the terms and conditions of this Agreement by posting a revised Agreement to the Site or by mailing and/or e-mailing notice thereof to You. In addition, RegenOrganic may add, modify, or delete any aspect, program, or feature of the Site, but RegenOrganic is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this Agreement. Accordingly, please review this Agreement on a periodic basis.