Website Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. BY USING
THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.
- Welcome. The Bio Fuel for Thought website,
currently located at www.biofuelforthought.com, (the “Website”) is owned and operated
by Texas Farm Bureau and its affiliated companies (“we,” “us,” or “TFB,”).
The mission of TFB is to be the Voice of Texas Agriculture and our vision
is to benefit all Texans through promotion of a prosperous agriculture for a viable,
long-term domestic source of food, fiber and fuel.
To accomplish our mission and facilitate our vision, we provide various information
and resources on and through the Website (the “Services”), which are subject to
certain ground rules provided in this document (the “Terms”).
By accessing, using, or contributing to the Services, and in consideration
of the Services we provide to you, you agree to abide by the Terms.
TFB has the right at any time to change or discontinue
any aspect or feature of the Website, including, without limitation, the content,
hours of availability, and equipment needed for access or use of the Website, or
these Terms. These Terms apply to all
users of the Website, including visitors, advertisers, and members.
- Disclaimer of Warranty; Limitation of
Liability.
-
THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
TFB, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS AND
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR ANY PARTICULAR PURPOSE. TFB DOES
NOT WARRANT THAT THIS WEBSITE AND ITS SERVER OR ANY LINKED SITES ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL COMPONENTS.
TFB AND ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS AND LICENSORS
DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE,
OR AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION, SERVICE
OR MERCHANDISE PROVIDED THROUGH THE WEB SITE.
IF YOUR USE OF THE WEBSITE OR ANY MATERIAL RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT, SOFTWARE OR DATA, TFB IS NOT RESPONSIBLE FOR THOSE COSTS. YOU EXPRESSLY AGREE THAT USE OF THE
WEBSITE IS AT YOUR SOLE RISK.
- IN NO EVENT
WILL TFB, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING
FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY)
FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE
OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEB SITE. APPLICABLE LAW
MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, IN WHICH EVENT THE ABOVE LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE.
HOWEVER, IN NO EVENT SHALL TFB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES
AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR
UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING AND/OR USING THIS WEBSITE.
- THE ABOVE
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEB SITE,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY),
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT
TFB IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
YOU.
- Equipment.
You shall be responsible for obtaining and maintaining all telephone, computer
hardware, and other equipment needed for access to and use of the Website and all
charges related thereto.
- Security.
We use industry-standard efforts to safeguard the confidentiality of all
information, regardless of whether it identifies you or not. Our security includes
use of firewalls, secure socket layers, and encryption. Your password (when available)
is a component of our security system.
As such, it is your responsibility to protect it. Do
not share your password with any third parties.
- E-Mail Policy.
At various points in the Website, we provide visitors the opportunity to contact
us via e-mail. E-mail messages are
not encrypted. You acknowledge and
agree that by providing TFB with any personal or confidential user information through
the e-mail function, you consent to the transmission of such personal or confidential
user information through the public Internet, and understand that there are risks
that this information could be viewed by other parties.
You agree to adhere to procedures that we may establish to enhance the safety
and confidentiality of transmissions of personal data over the Internet.
- Restrictions on Use.
-
You shall use the Website for lawful purposes only. You
shall not post or transmit through the Website any material that (i) violates or
infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or
otherwise objectionable, or (iii) encourages conduct that would constitute a criminal
offense, gives rise to civil liability or otherwise violates any law.
You shall not: (i) post or transmit through the Website any material that
contains advertising or any solicitation with respect to products or services without
TFB’s express prior approval, or (ii) use the Website to advertise or perform any
commercial solicitation, including, without limitation, the solicitation of users
to become subscribers of other on-line services.
Any conduct by you that in TFB’s discretion restricts or inhibits any other
user from using or enjoying the Website will not be permitted.
-
The Website contains copyrighted material, trademarks
and other proprietary information, including, without limitation, text, software,
photos, video, graphics, music and sound, and the contents of the Website are copyrighted
under the United States copyright laws.
You may not modify, publish, transmit, display, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in whole or
in part. No copying, redistribution,
retransmission, publication, or commercial exploitation of downloaded material will
be permitted without the express written permission of TFB and the copyright owner. In the event of any permitted copying,
redistribution, or publication of copyrighted material, no changes in or deletion
of author attribution, trademark legend or copyright notice shall be made.
You acknowledge that you do not acquire any ownership rights by downloading
copyrighted material.
-
The foregoing provisions of this Section are for the benefit
of TFB, its subsidiaries, affiliates, and its third party content providers and
licensors and each shall have the right to assert and enforce such provisions directly
or on its own behalf.
G.
User Representations and Warranties.
By posting any content, you represent and warrant that you have all right,
title, and interest to such posted content, including but not limited to any consent,
authorization, release, clearance or license from any third party (such as, but
not limited to, any release related to rights of privacy or publicity) necessary
for you to provide, post, upload, input or submit the content, and that posting
such content does not violate or constitute the infringement of any patent, copyright,
trademark, trade secret, right of privacy, right of publicity, moral rights, or
other intellectual property right recognized by any applicable jurisdiction of any
person or entity, or otherwise constitute the breach of any agreement with any other
person or entity. The burden of determining
that any material is not protected by copyright rests with you.
You shall be solely liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of the Website, you automatically grant,
or warrant, that the owner of such material has expressly granted TFB the royalty-free,
worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, display, translate and distribute such material (in whole
or in part) and/or to incorporate it in other works in any form, media or technology
now known or hereafter developed. You
also permit any other user of the Website to access, view, store, or reproduce the
material for that user's personal use. You grant TFB the right to edit, copy, display,
publish, and distribute any material made available on the Website by you.
You further represent and warrant that you are who you say you are, that
you have not submitted fictitious, false or inaccurate information about yourself,
and that all information contained in the posted content is true and your own work
or work you are authorized to submit, and that the posted content does not contain
any threatening, harassing, libelous, false, defamatory, offensive, obscene, or
pornographic material or material that would violate any other applicable law or
regulation. You agree that you will
not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content
you supply does not violate these Terms.
- Copyright Infringement/Complaints.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated Agent. If you are a copyright owner and you
believe that your copyrighted materials have been used in a way that constitutes
copyright infringement, please see our
DMCA Notice Policy (make this a hyperlink).
- Marks. All
page headers, custom graphics and button icons are service marks, trademarks, and/or
trade dress owned or licensed by TFB. All
other trademarks appearing on the Website are the property of their respective owners.
Unauthorized use of any trademark,
service mark, or logo appearing on the Website may be a violation of federal and/or
state trademark laws.
- Monitoring; Loss of Information.
TFB shall have the right, but not the
obligation, to monitor the content of the Website including any blogs, chat rooms
and forums, to determine compliance with these Terms and any operating rules established
by TFB and to satisfy any law, regulation or authorized government request. TFB shall have the right in its sole
discretion to edit, refuse to post, or remove any material submitted to or posted
on the Website. Without limiting the
foregoing, TFB shall have the right to remove any material that TFB in its sole
discretion finds to be in violation of the provisions hereof or otherwise objectionable.
TFB assumes no responsibility for the
deletion of or failure to store electronic-mail messages, chat or blog comments,
or other information submitted to the Website.
- Violations of Rules and Regulations.
We reserve the right to seek all remedies available at law and in equity for violations
of the rules and regulations set forth herein, including the right to block access
from a particular Internet address to this Website.
- Indemnification. You agree to defend, indemnify and
hold harmless TFB and its affiliates, their respective directors, officers, employees,
agents, successors and assigns from and against any and all claims, actions, demands,
damages, costs, liabilities, losses and expenses (including reasonable attorneys'
fees) arising out of your use of the Website, your violation of these Terms or any
applicable law, statute, ordinance or regulation, or your infringement of any intellectual
property or other right of any person or entity.
- Third Party Content. Any
opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers and
users, are those of the respective author(s) or distributor(s) and not of TFB. In many instances, the content available
through the Website represents the opinions and judgments of the respective information
provider or user. TFB neither endorses
nor is responsible for the accuracy or reliability of any opinion, advice or statement
made on the Website by anyone other than authorized TFB employee spokespersons while
acting in their official capacities. Notwithstanding
the foregoing, TFB reserves the right to monitor, edit, sort, and pre-approve any
content supplied by third parties.
- Changed Terms. TFB
has the right at any time to change or modify these Terms, or any part thereof,
or to impose new conditions. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given by any means
including, without limitation, posting on the Website, or by electronic or conventional
mail, or by any other means. Any use
of the Website by you after such notice shall be deemed to constitute acceptance
of such changes, modifications, additions or deletions.
- Linked Internet Sites.
THE LINKS IN THIS WEBSITE WILL LET
YOU LEAVE OUR WEBSITE. THE LINKED SITES MAY NOT BE UNDER OUR CONTROL, AND THE CONTENT
AVAILABLE ON THE INTERNET SITES LINKED TO THIS WEB SITE MAY NOT NECESSARILY REFLECT
OUR OPINION. WE ARE PROVIDING THESE
LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU, AND ACCESS TO ANY OTHER INTERNET
SITES LINKED TO THIS WEBSITE IS AT YOUR OWN RISK. THE
INCLUSION OF ANY LINK DOES NOT IMPLY THAT WE RECOMMEND OR ENDORSE THE LINKED SITE,
OR MAKE ANY REPRESENTATIONS AS TO THE VERACITY OR RELIABILITY OF THE INFORMATION
OR SERVICES PROVIDED IN THE LINKED SITE.
- Privacy.
Please read our Privacy
Notice, which is incorporated herein by
reference.
- Governing Law; General Provisions.
These Terms shall be construed in accordance with the law of the state of Texas,
without regard to any conflict of laws rules, and you hereby consent to exclusive
jurisdiction and venue of any federal or state court located in Waco, McLennan County,
Texas for any cause of action, claim, liability, demand or dispute arising out of
your use of this Website or its Terms.
We operate this Website from our offices within the United States of America. We make no representation that the information
in this Website is appropriate or available for use in other locations, and access
to this Website from territories where the contents of this Website may be illegal
is prohibited. Those who choose to
access this Website from other locations do so on their own initiative and are responsible
for compliance with applicable local laws. No
waiver by either party of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.