Terms & Conditions

Terms and Conditions of Use

INTERMOUNTAIN FARMERS ASSOCIATION

(Last updated on February 28, 2018)

PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”) BEFORE USING THIS WEBSITE as they contain IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

This Is An Agreement Between You And Intermountain Farmers Association

Intermountain Farmers Association Inc, based in Salt Lake City, Utah (referred to as “IFA”), is the owner and operator of this Site and any other website that links to these Terms (collectively, the “Site”). We operate this Site to provide online access to information about our Company and the products we offer (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Our Terms and Conditions of Sale apply to all purchases of goods or services through this Site. Our Privacy Policy applies to the collection of information through your use and access of this Site. The Terms of Use, together with applicable additional terms and conditions, are referred to herein as this “Agreement.” We encourage you to also carefully review our Privacy Policy.

How We May Modify These Terms And The Products

We reserve the right to change the terms, conditions, and notices under which we offer the Site and Products at any time, for any reason, and without notice. Such modifications shall be deemed effective immediately upon posting of the modified terms. The latest version of these Terms will be posted on this Site, and you are responsible for regularly reviewing these Terms, because your continued use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. If, at any time, you do not wish to accept these Terms, you should immediately discontinue any use of the Site. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms are expressly rejected by us and shall be of no force or effect.

1. Use of Site.

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) for the purposes of making purchasing decisions with regard to products offered for sale on the Site, for administering orders placed on the site, and for researching the products offered for sale on the site. The Company reserves the right, in its sole discretion, to terminate or suspend your access to, and/or use of, the site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that in the event your authorization to access the site is terminated, you will not thereafter access, or attempt to access the site, directly or indirectly, and if your authorization to access the site is suspended, you will not thereafter access, or attempt to access, the site, directly or indirectly, until your suspension is removed and the company gives you express notice thereof. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. The Company reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. Copyright.

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to the Company or its partners, affiliates, contributors or third parties. You agree to comply with any restrictions contained in any content on the Site. Subject to those restrictions, (a) you may print one (1) copy of any page displayed on the Site, and (b) you may download documents that are made available to you on the Site, for your use in making purchasing decisions with regard to products offered for sale on the Site, for administering orders placed on the Site, for educational and related research purposes and/or for background information on products offered for sale on the Site and provided that you maintain all copyright and other notices contained thereon. Copying, storing, or downloading of any content, for any other purposes is prohibited without the prior written permission from the Company.

3. Trademarks.

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites.

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by the Company of the third party, the third-party web site, or the information contained therein.

5. Downloading Files.

Intermountain Farmers Association Inc. cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs contained therein.

6. Disclaimer of Warranties.

INTERMOUNTAIN FARMERS ASSOCIATION INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. IFA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. IFA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. IFA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

7. Limitation of Liability.

IN NO EVENT WILL IFA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF IFA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, IFA’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

8. Indemnification.

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless IFA, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

9. Privacy.

We respect your privacy and are committed to protecting it. Our Privacy Policy is incorporated by reference into these Terms and governs the processing by us of all personal data collected from you in connection with your use of this Site and the purchase of Products. We encourage you to also carefully review our Privacy Policy.

Each registered user agrees that it (a) will protect and maintain the confidentiality of its username and password, and (b) is fully responsible for any and all purchases that are made under its username. You must contact IFA immediately to notify IFA of any unauthorized use of your account. In no event will IFA be liable for any loss or damage arising from the unauthorized use of a username and/or password.

We reserve the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

10. User Conduct.

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

11. User Supplied Information.

IFA does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission” or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity.

12. General Provisions.

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by IFA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. IFA therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. IFA does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. This Agreement shall be governed by the laws of the United States and the State of Utah. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions. The parties to these Terms agree that the exclusive venue for any dispute between the parties relating to the Services will be in the state and federal courts in Salt Lake City, Utah, and you specifically consent to personal jurisdiction in the State of Utah.

13. Miscellaneous.

Entire Agreement. Unless otherwise specified herein, the Terms constitute the entire agreement between you and IFA and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

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