BY UTILIZING THE PENNSYLVANIA ASSOCIATION FOR SUSTAINABLE AGRICULTURE D/B/A PASA SUSTAINABLE AGRICULTURE’S (Pasa) WEBSITE(S) NAMED BELOW (collectively the “SITE(S)”) AND SERVICES PROVIDED FROM, THROUGH, AND BY THE SITES AND PASA, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THE TERMS, POLICIES, CONDITIONS, AND NOTICES SET FORTH BELOW CONSTITUTING THIS AGREEMENT (“TERMS OF USE”). THIS ACCEPTANCE IS EFFECTIVE UPON ENTERING ANY OF THE BELOW SITE(S) AND SHALL REMAIN IN EFFECT THROUGHOUT YOUR USE OF THE SITE(S) AND SERVICES.
SITES:
pasafarming.org
climatesmart.org
farmworkers.com
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE SITE(S) AND SERVICES IF YOU DO NOT AGREE WITH ALL THE TERMS OF THESE TERMS OF USE THEN YOU MAY NOT USE THE SITE(S) OR SERVICES AND MUST CEASE ANY USE OR ACCESS.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES THE USE OF INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Content
All content included on the Sites such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively “Content”) is owned or licensed property of Pasa and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Sites is the exclusive property of Pasa and protected by U.S. and international copyright laws. Pasa expressly reserves all intellectual property rights in all Content. Your use of the Sites and Services does not grant you any right, title or interest to these Properties, except that Pasa grants you a limited, revocable license to access and use the Sites and Services for their intended purposes. You may only use the Sites and Services in compliance with these Terms of Use and any other agreements or requirements imposed by Pasa.
Any images, writing, applications, comments, feedback, testimonials, notes, ideas, suggestions or other content you post, send, or provide us through our Sites, (“Your Content”) is yours and you are solely responsible and liable for it. Pasa is not responsible or liable for any content a user posts, sends, or links to through using our Services. You are responsible for the accuracy of all of Your Content. You warrant and represent to us that you have the rights to post, send, or provide any of Your Content and that you are not infringing on anyone’s intellectual property or other rights by posting, sending, or providing it. Do not post or provide anything illegal, vulgar, dishonest, fraudulent, defamatory, libelous, misleading, etc. Additionally, by posting or providing Your Content you grant Pasa a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, and store Your Content in accordance with our privacy policy (linked below).
Privacy
By agreeing to these Terms of Use you also agree to our Privacy Policy.
License and Access
Pasa grants you a limited license to access and make use of the Site(s) and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms of Use. You may download, print and copy Content for your personal or individual business use or education, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms of Use in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site(s) or any of the Content for any commercial resale or distribution purposes, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms of Use unless with express written permission from Pasa.
Children 13 and younger should not use our Sites(s). See our privacy policy for what to do if you are a parent who believes their child may have incorrectly communicated information to us.
Unlawful or Prohibited Uses
The Site(s) may only be used for lawful purposes in accordance with the terms of the license granted in these Terms of Use. As a condition of your use of these Site(s), you warrant to Pasa that you will not and will not assist or encourage any third party to use the Site(s) in any way or for any purpose that is unlawful or is prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
Your Account
You may be required to register on the Site(s) in order to access certain services or areas of the Site(s), register for activities or events, or to file an application. Your user name and password are for your personal use only, and you should not share your user name or password with any individual or third party (other than Pasa). If you use the Site(s), you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Pasa including those set forth in these Terms of Use, Pasa reserves the right, in its sole discretion, to terminate your account and/or access, if applicable, in its sole discretion.
Modification & Termination
Pasa may at any time: (i) modify or discontinue any part of the Site(s); (ii) charge, modify or waive fees required to use the Site(s); or (iii) offer opportunities to some or all Site(s) users. Pasa reserves the right to make changes to these Terms of Use at any time, and such changes will be effective immediately upon being posted on the Site(s). Each time you use the Site(s), you should review the current Terms of Use. Your continued use of the Site(s) will indicate your acceptance of the current Terms of Use; however, any change to these Terms of Use after your last usage of the Site(s) will not be applied retroactively. Pasa reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site(s) and to block or prevent future access to and use of the Site(s) (i) if you violate any of these Terms of Use, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site(s) will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site(s). Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
Payments and Donations
If you wish to provide a donation or make a payment to register for an event or service, you may be asked to supply certain information including, without limitation, information about your method of payment (such as your payment card number and expiration date) and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Pasa the right to provide such information to third parties for purposes of facilitating the completion of donations/transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any donation/transaction. Because Pasa uses third party payment processors, Pasa is not liable for payment issues or the holding of transaction data. You are also responsible for ensuring all information supplied at purchase/donation is accurate including your name, email, shipping address, and payment information. We are not responsible if you fail to provide accurate information or we cannot contact you due to incorrect information.
Returns/Refunds
All transactions are final and are not subject to a return or exchange of goods or services unless otherwise specifically indicated on the individual good or service.
Disclaimers and No Warranties
Pasa cannot and does not represent or warrant that the Sites or their servers will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITES AND ALL INFORMATION AND CONTENT, MATERIALS ARE PROVIDED BY Pasa ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Pasa MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE(S), THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENTS, OR THAT EMAILS SENT FROM Pasa ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE(S) IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, Pasa DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITES AND THE SITES CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
On the Sites, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party websites. If you decide to link to any such third-party websites, you do so entirely at your own risk.
You agree that Pasa has no responsibility or liability for any direct damages or third party claims suffered by you in connection with the Site(s) and Services, and that use of the Site(s) and Services, including all content, data or software distributed by, downloaded, or accessed from or through the Site(s) and Services, is at your sole risk. You understand and agree that you will be solely responsible for any damage to you and/or your computer system or any loss of data that results from your actions and your use of the Site(s) and Services. You use the Site(s) and Services at your own risk.
Because Pasa utilizes third party service providers to deliver the Site(s) platform, event/workshop registration, payment processing, and other elements of the Site(s) and its services, Pasa does not control or endorse in any respect any information, products, or services offered by third parties through the Site, and is not responsible for any possible representations and warranties these third parties may make. You agree that Pasa will not be liable to you in any way for your use of the third party service providers and any other third party services and that you should, and are responsible for, reviewing the terms and conditions and privacy policies of any third party service provider.
Jurisdictional Issues
Any and all disputes shall be subject to the laws of Pennsylvania and the jurisdiction of Dauphin County, Pennsylvania.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Pasa BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES OR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT. IF YOU ARE DISSATISFIED WITH THE SITES, ANY CONTENT ON THE SITES, THIRD PARTY PROVIDERS, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE(S), THAT YOUR USE OF THE SITE(S)IS AT YOUR SOLE RISK.
Indemnification & Defense
As a condition of the use of the Sites, you agree to defend, indemnify and hold harmless Pasa from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses including, without limitation, reasonable attorneys’ fees and expenses arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms of Use, or any User Content submitted by you.
Notices & Electronic Communications
Except as explicitly stated otherwise, any notices you send to Pasa shall be sent by mail to:
Pasa Sustainable Agriculture
Attn: Privacy (Legal)
1631 N Front St
Harrisburg, PA 17102
Arbitration Agreement
Please read this section carefully. Except as this Terms of Use otherwise provides, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.
You agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the Site(s) or (2) the breach, enforcement, interpretation, application, or validity of these Terms of Use, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms of Use (the “Arbitration Agreement”).
Pasa AND USER MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION, COLLECTIVE ACTION, AND/OR REPRESENTATIVE ACTION, AND THE ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION (“CLASS ACTION WAIVER”). Notwithstanding any other clause contained in this Agreement, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, representative or private attorney general action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, representative and/or private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
Contact Us
If you have any concerns about your use of the Site(s), please email us at privacy@pasafarming.org or send your concern to:
Pasa Sustainable Agriculture
Attn: Privacy (Legal)
1631 N Front St
Harrisburg, PA 17102
with a detailed description, and we will try to resolve it.
