Women Farmers Litigation Website - Terms of Use

This Terms of Use Agreement (“Agreement”) is a legal agreement between Arent Fox LLP (hereinafter referred to as “Arent Fox”), and you, as a user (“User”) of the website located at http://www.womenfarmers.com/ (“website”). By accessing information on this website, User acknowledges that User has read, understands and agrees to comply with the terms and conditions stated within this Agreement. By using the website and/or submitting any content, User agrees to be bound by and comply with this Agreement. If you do not wish to be bound by this Agreement, do not use the website.

You understand and agree that the website is public and is provided to you on an AS IS and AS AVAILABLE basis. Arent Fox reserves the right to modify, suspend or discontinue the website with or without notice at any time and without any liability to you.

(1) User Conduct. User agrees that all the information accessed by User will be used only to allow the User to use the services offered by Arent Fox. You may use the website for lawful purposes only. User agrees that all the information accessed will be used only for User’s personal purposes. User will not make any other unauthorized use of this website, or any interactive features available on this website. You agree that you are responsible for your own use of the website, for any content you submit to Arent Fox, and for any consequences thereof.

(2) Termination. You agree that Arent Fox, in its sole discretion, may terminate your access to or use of the website, at any time and for any reason, including without limitation if Arent Fox believes that you have violated or acted inconsistently with the letter or spirit of this Agreement through the use of or submission to the website. Upon any such termination, your right to use the website will immediately cease. You agree that any termination of your access to or use of the website may be effected without prior notice, and that Arent Fox may immediately delete all information and files associated with it, and/or bar any further access to such information or files. You agree that neither Arent Fox nor any affiliated entity will be liable to you or any third party for any termination of your access to the website or to any such information or files, or will be required to make such information or files available to you after any such termination.

(3) Privacy. Arent Fox collects information about the users of this website. Collection of this information is governed by its Privacy Policy, which may be accessed at http://www.womenfarmers.com/privacy-policy.htm.

(4) Corporate Identification and Trademarks. All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this website are the property of Arent Fox, unless otherwise noted. User may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Arent Fox’s prior written permission. The use of Arent Fox Marks on any other website, without authorization, is prohibited.

(5) User Submissions, Blogs, Forums and Public Areas. Certain places within the website, such as forums, blog pages or other public areas, may allow users to post comments or communications that are publicly accessible and non-confidential. The content and communications posted within these areas is largely controlled by our users. Arent Fox has no control over such content and cannot guarantee the accuracy or reliability of any such content or communications. Thus, the responsibility for what is posted on these pages of the website lies with each user.

Arent Fox does not claim ownership of any of the information or material that you transmit, distribute, post, communicate, or store on, to, or through the website. Therefore, by submitting any such material or communication to the website, you warrant that you own or otherwise control all the rights to any content or communications submitted by you to the website and that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party. By submitting communications or content to any part the website, you agree that such submission is non-confidential and is not otherwise protected by any other law, including privacy, publicity, copyright or trademark law.

By submitting communications or content to a public area of the website, you agree that such submission is non-confidential for all purposes. You agree to allow Arent Fox and all other persons or organizations involved in the operation of the website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the website. Arent Fox reserves the right, but shall have no obligation, to investigate the website or your use of the website in order to (a) determine whether a violation of this Agreement has occurred, (b) comply with any applicable law, regulation, legal process or governmental request, or to (c) remove any postings, profiles, and to terminate your ability to post to the service at any time without notice, in its sole discretion. Arent Fox also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials in whole or in part.

(6) License Grant. If you make any submission to or communications on the website, you automatically grant, or warrant that the owner of such content has expressly granted to Arent Fox, 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. Arent Fox may sublicense its rights through multiple tiers of sublicenses.

(7) Rules for Posting Questions and Comments in Forums and Public Areas

Arent Fox does not control the content or communications of any of the public areas on the website. However, Arent Fox reserves the right to monitor public areas to ensure the content and communications in such areas are within the spirit of the purpose of the website and do not otherwise violate this Agreement. Specifically, the following actions will constitute a material breach of this Agreement:

  1. Posts that contain your full name(s), or any other confidential identifiable information of yourself or others;
  2. Using a public area for any purpose in violation of local, state, federal, or international laws;
  3. Posting material that infringes on the rights of others, including copyrights, trademarks, trade secrets, publicity or privacy rights;
  4. Posting material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Arent Fox in its sole discretion;
  5. Posting advertisements, solicitations or spam links to other websites or individuals, without prior written permission from Arent Fox;
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another business, person or entity, including Arent Fox and its employees and agents;
  8. Registering under more than one name and/or e-mail address;
  9. Distributing viruses or other harmful computer code;
  10. Harvesting or otherwise collecting information about others, including email addresses, without their consent;
  11. Allowing any other person or entity to use your identification for posting or viewing comments;
  12. Posting any communications that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  13. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area or the website, or which, in the judgment of Arent Fox, exposes Arent Fox or any of its customers, agents, partners or suppliers to any liability or detriment of any type; and
  14. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form).

Users who violate these terms shall be liable for any claim, action, damage or harm caused to Arent Fox, the user and any other injured party. Furthermore, Arent Fox may terminate the account of any person who violates this Agreement and the rules provided above.

(8) Enforcement of this Agreement

In the event that any of the terms of this Agreement have been breached or any rule stated above violated, Arent Fox reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public areas on the website.
  2. Investigate an allegation that a communication does not conform to this Agreement and determine in its sole discretion to remove or request the removal of the communication.
  3. Remove communications which it determines, in its sole discretion, to be abusive, illegal, or disruptive, or that otherwise fail to conform to this Agreement.
  4. Terminate a user’s access to any portions or pages of the website.
  5. Monitor, edit, or disclose any communication made on the website.
  6. Edit or delete any communication posted on the website, regardless of whether such communication violates this Agreement.

Arent Fox reserves the right to take any other action it deems necessary to protect the personal safety of our guests, visitors, or the public.

(9) Proprietary Rights to Content. All materials contained on the website are protected by copyright law except where explicitly noted otherwise. All rights reserved.

The website contains copyrighted material, trademarks and other proprietary information, including data, text, software, photos, video and graphics (“Content”). YOU MAY USE THE SITE AND THE CONTENT OFFERED ON THE SITE ONLY FOR INTERNAL PURPOSES. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this website or any portion of it. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the website or Content, or reproduce, reprint, copy, store, publicly display, broadcast, 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.

(10) Copyright Claims. To make a complaint about a copyright violation on the website, click here.

(11) Links to Third Party Sites. At times, the website may contain links to third-party websites, which are not under the control of Arent Fox. Arent Fox makes no representations whatsoever about any other website to which User may have access through the website. When User accesses another website, User does so at User’s own risk and acknowledges that Arent Fox is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Arent Fox shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s website. Mention of third-party companies and websites on the website is for informational purposes only and does not constitute an endorsement or recommendation.

(12) Limitation of Liability. USER EXPRESSLY UNDERSTANDS AND AGREES THAT ARENT FOX SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF ARENT FOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.

(13) Disclaimer of Warranties. While every effort is made to insure accuracy, Arent Fox makes no warranty that the website will meet User’s requirements or that it will be uninterrupted, timely, secure or error free; nor does Arent Fox make any warranty as to the results that may be obtained from the use of the website or as to the accuracy or reliability of any information obtained through this website. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

UNLESS EXPRESSLY STATED OTHERWISE, ARENT FOX PROVIDES THIS WEB SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE.

(14) Indemnification. User agrees, at User’s expense, to indemnify, defend and hold harmless Arent Fox, its officers, directors, partners, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this website or any product or service related thereto.

(15) Governing Law. This Agreement and the relationship between User and Arent Fox shall be governed by and construed in accordance with the laws of the District of Columbia. Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in a court in the District of Columbia or the Federal Courts situated in such state.

(16) Waiver/Severability. The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

(17) Reservation of Rights. Any rights not expressly granted herein are reserved.

(18) Questions. For any questions, or legal concerns, please contact the webmaster.

Effective Date: August 10, 2010