Affiliated Foods Midwest Cooperative, Inc. and its affiliates (collectively, "AFM") provides all information on this site (together with all content and the underlying source HTML files that implement the hypertext features, collectively this "Site") exclusively under the following Terms and Conditions and all applicable law. Your Viewing and use of this Site and any part thereof evidences your agreement and acceptance of these Terms and Conditions. Viewing and Using this site makes you bound by these Terms and Conditions.
1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
1.1 All right, title and interest in, to, and with respect to, this Site and its content and underlying computer code (including without limitation all applicable copyrights, trademarks and other intellectual property rights) belongs to AFM. In addition, the names, images, pictures, logos and icons identifying AFM's products and services are proprietary to, property of, and trademarks or service marks of AFM and/or its subsidiaries or affiliates. Except as expressly provided below, nothing contained herein nor your access to or use of this Site shall be construed as conferring any license or interest or right, by implication, estoppels or otherwise, under or with respect to any AFM property, copyright, trademark or other intellectual property rights.
1.2 You shall, upon agreeing to these Terms and Conditions be granted a non-exclusive, conditional, non-transferable, limited license to view this Site, and to download and/or print insignificant portions of visual content and materials shown on and retrieved from this Site provided (a) it is used only for your own informational, personal, and non-commercial and lawful purposes, (b) you do not remove or obscure the copyright notice or other notices of AFM on or displayed with this Site or its content and (c) you comply strictly with the requirements, limitations, prohibitions and instructions of these Terms and Conditions. Except as expressly provided in the immediately preceding sentence, no part of this Site, including but not limited to materials or information retrieved therefrom and the underlying code, may be reproduced, republished, copied, de-constructed, transmitted, or distributed in any form or by any means, without the express prior written permission of AFM signed by its authorized representative.
1.3 Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in applicable law, including DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
2. LINKS TO THIRD PARTY SITES
3.1 THIS SITE IS PROVIDED SOLELY ON AN "AS IS", "AS AVAILABLE" BASIS, AND AFM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPERESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF READY OR OTHER AVAILABILITY, UNINTERRUPTED OR OTHER USE, FREEDOM FROM UNAUTHORIZED OR DETRIMENTAL CODE OR PROCESS, INTEGRITY OR QUALITY OF CONTENT OR FUNCTION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AFM DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THIS WEBSITE IS CURRENT, ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE.
3.2 AFM disclaims all responsibility and has no liability for any loss, injury, claim, liability, or damage of any and every kind resulting from, arising out of, or in any way related to (a) any errors in or omissions on or from this Site, including but not limited to technical and other inaccuracies and typographical and other errors, (b) any content or material or information of or accessible through this Site, (c) any third party websites or content or material or information therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions thereof or detrimental code therein and therefrom, (d) the unavailability of this Site or any portion thereof, (e) your use of this Site, or (f) your use of any equipment or software in connection with this Site.
4. LIMITATION OF LIABILITY
AFM (and its affiliates, officers, directors, employees, subcontractors, agents, successors and assigns) IS NOT AND SHALL NOT BE LIABLE FOR ANY, INJURY, CLAIM, LOSS , LIABILITY, BUSINESS INTERRUPTION, OR DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES) OF ANY AND EVERY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS PROCEEDINGS COSTS AND EXPENSE, AND LOST PROFITS, BUSINESS, OPPORTUNITY, OR SAVINGS) IN ANY WAY AND IN ANY AMOUNT, RESULTING OR ARISING FROM OR IN RELATION TO THIS SITE INCLUDING ITS CONTENT, CODE, OR LINKS, OR THE INTERNET, REGARDLESS OF ANY ACT OR OMMISSION OF AFM OR, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assignee of any of them.
5. PRODUCT & SERVICE AVAILABILITY IN ALL LOCATIONS
This Site may contain references or cross references to products and services that are not available at all times or any time, or in any or in every Location.
6. GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of Nebraska, USA, as they apply to agreements made and solely performed therein, without reference to conflict of law provisions or rules of construction concerning the drafter hereof. Any and all disputes arising from or in relation to the Site or these Terms and Conditions shall be exclusively subject to the jurisdiction of the Federal or State Courts in Madison County Nebraska, United State of America (USA), and jurisdiction therefore shall rest solely in such courts in Madison County Nebraska, USA.
7. CHANGES TO SITE AND THESE TERMS AND CONDITIONS
This Site and these Terms and Conditions may be changed by AFM with or without notice. Please review this link and these Terms and Conditions on a regular basis for changes. Use of this Site following any change constitutes your acceptance of the change.
8. ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions which also incorporate by reference any AFM placed notices contained on this Site constitute the entire agreement between you and AFM with respect to the Site and your access to and use of this Site. If any provision of these Terms and Conditions is deemed by Court with jurisdiction thereof to be unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Any communication or other information sent to AFM via electronic mail or otherwise, regarding this Site or AFM, or in connection with your use of this Site, including but not limited to suggestions, ideas and comments, is and shall be treated as non-confidential, and all such information may be used by AFM for any purpose without compensation. Disclosure of or communication of information to AFM shall constitute an assignment of all right, title and interest in such information to AFM.
10. LINKS TO AFM WEB PAGES
10.1 AFM permits links to this Site provided (a) you do not remove or obscure, or interfere with or alter or block by framing or otherwise, any access to or content, including but not limited to the copyright notice and other notices, (b) you do not directly or indirectly cause any portion of this Site to appear on a user's computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party,(c) your use, or links or contributed information does not cause interference with this Site's operation, (d) you give AFM prior specific notice of all such links by sending an e-mail to webmaster@AFM.com and supply all requested information without delay or reservation, and (e) you discontinue providing and/or links to this Site if notified by AFM.
10.2 When linking to this Site you may if and only as permission of AFM has been granted use one or more AFM logos as a link anchor. To ensure proper usage of AFM logos, we've presented them here. These logos are trademarks or service marks ("marks") of AFM and AFM retains all rights, title and interest in them. Under no circumstance shall you claim or acquire any right, title or interest in, to and with respect to any AFM marks. AFM may (in its sole and absolute discretion and subject to license withdrawal or termination by AFM in its sole and absolute discretion) grant you a limited license to use these logos solely for linking to AFM web pages as provided above subject to such conditions limitations and terms as determined by AFM from time to time in its sole and absolute discretion. AFM logos, designs and materials cannot be altered or modified. Except for the limited license described above in this paragraph, AFM does not grant, by implication, estoppel or otherwise, any license to use any trademark, copyrighted materials or other proprietary materials displayed on this Site, and any other use is strictly prohibited.
11. MESSAGE BOARDS, BLOGS, & SHARING
AFM may, now or in the future, allow users to post, upload, transmit through, or otherwise make available on the Site (collectively, "submit") lawful and appropriate messages, receipts, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials ("User Content"). AFM is not and will not be responsible for User Content, for any links or images or code included or embedded in or used with the User Content, or for the results obtained by accessing or using the User Content. Users contributing User Content are and shall remain solely responsible and liable for User Content submitted. AFM does not review, approve, endorse or warrant, and is not in any respect responsible or liable for the content, substance, presentation, truth, accuracy, lawfulness, timeliness, completeness, , or code or links included with or embedded in, or reliability of, any opinion, advice, information or statement of or contained in or with User Content . Under no circumstances will AFM be liable for any loss, injury, claim or damage caused by access to, use, or reliance on the Site, or User Content or information or materials obtained through User Content.
You shall not submit or facilitate another person's or organization's submission of any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party, without the owner's express permission. You shall not submit, introduce, or make accessible any corrupted or detrimental computer code or coding. You are and shall remain solely liable for any and all damages, injury, loss, costs and expense, and claim resulting from or related to your User Content or submission of User Content.
You shall not submit content or material that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that gives or could rise to civil or criminal liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds or unlawful conduct; (f) is untrue, inaccurate, or misleading; (g) contains instructions, formulas, or advice that could harm or injure; or (h) is a chain letter of any kind.
User Content, including any personally identifiable information (including as name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. AFM has no control over and shall have no responsibility or liability for any damages, loss, injury, claim, or costs and expense resulting from or related to your communication or from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information available, you do so at your own risk.
By submitting User Content, you automatically grant AFM a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, unconditional fully sublicensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works from, publicly display or perform, transmit, publish, and otherwise exploit the User Content, in whole or part as AFM deems appropriate in its absolute discretion, including but not limited to, in connection with or in relation to AFM's, or its subsidiaries' or affiliates', business.
AFM has the right, but not the responsibility or obligation, to review or monitor User Content. We reserve the right not to post any User Content, and to block or remove any User Content, in AFM's sole and absolute discretion, but we do not under any circumstances have an obligation to check, review, post, maintain, screen or otherwise post or use User Content. AFM may limit or discontinue the ability of anyone to submit User Content in AFM's sole and absolute discretion.
The User is solely and fully responsible and liable for his or her User Content, and for evaluating the truth, accuracy, timeliness, completeness, appropriateness, and lawfulness of all content on the Site including User Content.
12. IF YOU DO NOT AGREE...
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
Effective March 17th, 2011; may be updated and modified from time to time.