Effective: June 18, 2018
Terms and Conditions
These Terms & Conditions (“terms and conditions”) apply to all websites operated and controlled by Cultivating New Frontiers in Agriculture (“CNFA”) (either “we,” “us” or “CNFA”) or any third party agent of CNFA, and other websites, where these terms and conditions are posted (the “Site” or “Sites”). These terms and conditions set forth legally binding terms that govern and restrict your use of the Sites. These terms and conditions do not apply to CNFA Europe.
Please read these terms and conditions carefully, because by using the Site you acknowledge that you have read, understood, and agree to be bound to these terms and conditions. We encourage you to periodically review these terms and conditions to keep up to date on how we are handling your personal information.
Please note the arbitration provision set forth below, which may, except where and to the extent prohibited by law, require you to arbitrate any claims you may have against CNFA on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Use of this Site(s) are provided subject to the following terms and conditions:
- Acknowledgement: Your use constitutes acknowledgement of these terms and conditions of your use of the Site. If you do not want to use the site based on these terms and conditions, please do not use the Site.
- Changes to Terms: CNFA reserves the rights to change these terms and conditions at any time by posting changes online. Your continued use of this Site after changes are posted constitutes your acknowledgement of this agreement as modified.
- Lawful Use: You agree to use this Site only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the Site by any third party.
- Age: The Site is not intended for use by persons under the age of 16. CNFA does not knowingly collect information from visitors under the age of 16, and, in the event that we learn that a person under the age 16 has provided CNFA with personal information, we will delete such personal information.
- DISCLAIMER OF WARRANTIES: THE SITE AND THE CONTENT ON THE SITE ARE PROVIDED “AS IS.” CNFA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE OR THE CONTENT OR COMMUNICATIONS ON THE SITE, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE, TO THE EXTENT PERMITTED BY LAW. CNFA DISCLAIMS IMPLIED WARRANTIES THAT THE SITE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CNFA OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
- Limitation of Liability: In no event shall CNFA, its subsidiaries, affiliates, partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, the Content or any communications of the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not CNFA is advised of the possibility of such damages. CNFA is not liable for any personal injury, including death, caused by your use or misuse of the Site or Content.
- Copyright restrictions: The Site contains copyrighted material, trademarks and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics (“Content”). This Content is subject to copyrights owned by CNFA and other individuals or entities and is protected by United States and international copyright laws. Commercial use or publication of all or any item displayed is strictly prohibited without prior authorization from CNFA. Nothing contained herein shall be construed as conferring any license by CNFA to use any item displayed. Documents may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made and the document is copied entirely. However, some documents and photos may have been published on this site with the permission of the relevant copyright owners (who are not CNFA). In this case, all rights are reserved on these documents, and permission to copy them must be requested from CNFA, who will, in turn, ask permission from the copyright owners. YOU MAY USE THE SITES AND THE CONTENT OFFERED ON THE SITES ONLY FOR PERSONAL PURPOSES. CNFA authorizes you to view a single copy of the material on the Site solely for your personal, noncommercial use. You may not either directly or through the use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this Site or any portion of such Content except as expressly provided herein. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of this Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, stream, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the Site, including CNFA’s servers, computer network, or user accounts.
- Trademark Rights: The names, trademarks, service marks, and logos of CNFA belong exclusively to CNFA and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of CNFA or any third party.
- License Grant: If you make any submission to or communications on the Site, you automatically grant, or warrant that you and/or the owner of such content has expressly granted CNFA, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. CNFA may sublicense its rights through multiple tiers of sublicenses.
- Links to External Sites: CNFA takes no responsibility for the content of external Internet sites. Other websites that we may link to are owned and operated by third parties, and CNFA has no control over them. The fact that we include links to other websites does not mean that CNFA approves of or endorses any other third party website or the content of that website. We accept no liability for any statements, information, products, or services that are published on or are accessible through any websites owned or operated by third parties.
- User Supplied Material: Any communication or material that you transmit to, or post on, any public area of the site including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and nonproprietary information.
- Order of Precedence: If there is any conflict between these Terms and Conditions and rules and/or specific terms and conditions appearing on this site relating to specific material, then the latter shall prevail.
- Dispute Resolution: By using the Sites, you and CNFA agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of these Terms and Conditions or any part of them, other than disputes related to or involving CNFA’s intellectual property, (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 7 days in which to respond to or settle the Dispute.
- Governing Law: These terms and conditions shall be governed and construed in accordance with the laws of the District of Columbia, in the United States. You agree that the laws of the District of Columbia govern this contract and any claim or dispute that you may have against us, without regard to the District of Columbia’s conflict of laws rules. The parties acknowledge that these Terms and Conditions evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms and Conditions shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
- Choice of Forum: You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the District of Columbia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST CNFA BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, LOCAL OR FEDERAL COURTS IN THE DISTRICT OF COLUMBIA FOR ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE DISTRICT OF COLUMBIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
- If these terms and conditions are not accepted in full, the use of this site must be terminated immediately.
- Contacting CNFA: If you have any questions about these Terms and Conditions, please contact us at the following address:
WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, CNFA DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL CNFA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.
In addition, when using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of CNFA, its partners, advertisers, and sponsors or any other third party mentioned on the Sites. Accordingly, CNFA assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH CNFA IS TO DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICE OFFERED BY CNFA
NOTE THAT THIS SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate U.S. or international copyright, trademark, and/or other laws.
If you violate these Terms and Conditions, your permission to use the Content automatically terminates.
Notice shall be sent to:
to CNFA at:
Awards & Compliance Unit
Cultivating New Frontiers in Agriculture (CNFA)
1828 L St. NW Suite 710
Washington, DC 20036
Both you and CNFA agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including any claim that all or any part of these Terms and Conditions are void or voidable, with the exception of disputes related to or involving CNFA’s intellectual property.
Awards & Compliance Unit
Cultivating New Frontiers in Agriculture (CNFA)
1828 L St. NW Suite 710
Washington, DC 20036
CNFA is a 501(c)(3) non-profit organization duly registered in the United States.