These Terms of Use (the “Terms of Use”) govern your access and use of this Specialty Crop Trade Council web site (the “Site”). You are urged to please read these Terms of Use carefully. Before using the Site, you must scroll to the bottom of these Terms and Conditions and click “I Agree” in the box provided below. By clicking “I Agree,” you are expressly agreeing to these Terms of Use and concluding a legally binding contract with the Specialty Crop Trade Council, a California corporation headquartered in Fresno, California (hereinafter referred to as “SCTC”). If you do not agree to be bound by these Terms of Use, you will be unable to access or use the Site.
DEFINITIONS AND INTERPRETATION: “You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browse, crawls, scrapes, posts information, or in any way uses the Site. “We,” “us,” and “our” refer to SCTC. “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “SCTC Content” means Content that we create and make available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, and SCTC Content.
CHANGES TO THE TERMS OF USE: SCTC has the right to amend these Terms of Use at any time and without notice to you. Such amendments shall be effective immediately upon posting. You agree to review the Site periodically to be aware of any such amendments. Your continued use of the Site after such amendments have been made shall constitute acceptance of the amendments.
USING THE SITE: To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account. We grant you permission to use the Site subject to the restrictions in these Terms and Conditions. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is you believe to be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. Access to and use of password protected and/or secure areas of this Site is restricted to authorized users only. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Your account is for your use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a competitor of other person), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your posts, use the same account information on other sites, or allow other sites to share information about you with SCTC.
CONTENT: You alone are responsible for Your Content, including but not limited to any information you post about an arbitration, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent and warrant that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by SCTC. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. As between you and SCTC, you own Your Content. We own the SCTC Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content and other User Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the SCTC Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the SCTC Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the SCTC Content are retained by us. User Content does not necessarily reflect the opinion of SCTC. You acknowledge that SCTC does not pre-screen or regularly review posted Content, but that it shall have the right to remove in its sole discretion any Content that it considers to violate these Terms of Use. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content. Similarly, SCTC has no responsibility to update or vet any information contained in Your Content or other User Content.
RESTRICTIONS: You agree to represent yourself and Your Content accurately in your use of the Site. You acknowledge that misrepresentation may lead SCTC, at its sole discretion, to cancel your use of the Site and delete any of Your Content. You represent and warrant that you will not engage in any of the following conduct in your use of the Site, and you will not upload, post or otherwise transmit any Content that: (a) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) violate these Terms of Use; (d) impersonate any person or entity, including, but not limited to, an SCTC official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) upload, post or otherwise transmit any content that you do not have a right to transmit 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 nondisclosure agreements); (f) upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) upload, post or otherwise transmit 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; (h) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (i) “stalk” or otherwise harass another; or (j) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
INDEMNITY: You agree to indemnify, defend, and hold SCTC, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “SCTC Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) Your Content, (iii) your violation of the Terms of Use, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. SCTC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of SCTC. SCTC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY: PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE SCTC ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS OF USE, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. SCTC MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE OR ITS SAFETY OR SECURITY. SCTC DOES NOT WARRANT THE ACCURACY, QUALITY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY OF THE SITE CONTENT. ALL SITE CONTENT IS PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. SCTC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE SITE AND THE SITE CONTENT, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SCTC DOES NOT WARRANT THAT THE OPERATION OR AVAILABILITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SCTC WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF, IN WHOLE OR IN PART, SCTC’s CONDUCT IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING OR DELIVERING THE SITE CONTENT. SCTC WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE, EVEN IF SCTC IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE.
You acknowledge and agree that by providing SCTC with any personal or proprietary user information through the Site, you consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with SCTC’s standard business practices.
CHOICE OF LAW AND VENUE: California law will govern these Terms of Use, as well as any claim, cause of action, or dispute that might arise between you and SCTC (a “Claim”), without regard to conflict of law provisions.
FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN FRESNO COUNTY, CALIFORNIA.
TERMINATION: You may terminate your user account and discontinue your use of the Site at any time. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information. In the event of such termination, suspension, or closure, whether by you or us, these Terms of Use will continue in full force and effect.
GENERAL TERMS: We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. These Terms of Use contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use. Any failure on SCTC’s part to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with SCTC’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms of Use and be void. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Click here to indicate that you have read and agree to the Terms of Use set forth above.
