Alliance for Potato Research & Education

Website Terms of Use

Effective Date: 05/05/2017

These Terms of Use describe the terms and conditions applicable to your use of our online services, including this website (www.apre.org), operated by the Alliance for Potato Research and Education (“APRE,” “we,” “our,” or “us”), our communications that link to or display these Terms of Use, and your use of the information, materials, and services (“content”) available through the website. By accessing or using our website, you acknowledge you have read and understand these Terms of Use and agree to be bound. Please read these Terms of Use carefully. If you do not agree to be bound by these Terms of Use, do not access or use any information from APRE, including the website.

The information provided on the online services is for general information and educational purposes only. Certain sections of the online services are intended for particular audiences, including APRE’s members. Certain content available on the services also address health and wellness. You should not rely on the materials on the online services for any health or medical advice. APRE content is protected by applicable copyright and trademark laws.

APRE may, at any time, revise these Terms of Use or make changes to its website or content without notice. Any modifications will take effect when posted. Your continued use of this website after any modifications constitutes your agreement to the Terms of Use effective at the time of your use. You should periodically visit this page to determine the current Terms of Use to which you are bound.

You can also learn about how we collect, use and disclose information you provide to us by reading our Privacy Policy, incorporated herein by reference. You agree and consent to the terms of the Privacy Policy by your use of the APRE website and content.

Your Use

By using the website, you agree and acknowledge that:

  • you can form a legally binding contract with APRE;
  • if you are accessing or using the website on behalf of a business or other entity, you are authorized to agree to these Terms of Use on behalf of the business or entity;
  • you are responsible for activity that occurs through your access or use, and you agree that you will not rent, sell, transfer, license, or assign your account or any rights to any person;
  • you are solely responsible for your conduct and any and all data, information, works, and other content or materials that you submit to us; and
  • you will comply with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations.

Rights You Have

All APRE content contained in the website, including without limitation information, text, photographs, trademarks logos, and videos is owned, controlled, or licensed by or to APRE and is protected by U.S. trade dress, copyright, and other laws and other international conventions and laws. Except as expressly provided in these Terms of Use, you may not copy, modify, upload, download, post, transmit, republish or distribute any website content without our prior written permission.

We grant you a worldwide, royalty-free, non-assignable, non-sublicensable, non-exclusive, revocable, limited license solely to access, download, and use content for personal, non-commercial, viewing and as otherwise permitted by these Terms of Use. This license is subject at all times to your adherence to these Terms of Use and our usage policies.

You are authorized only to view and use our content in accordance with these Terms of Use, provided that you leave all copyright notices or other proprietary notices intact. Except as expressly set forth herein, you may not store, modify, reproduce, transmit, reverse engineer, or distribute the content in any form or media. The commercial use, reproduction, transmission, or distribution of any information, software, or other content available through our website without our prior written is strictly prohibited. Except as provided herein, nothing shall be construed as granting to you or any person a license or other rights to, in or under any patent, trademark, copyright or other intellectual property right of APRE or any third party. APRE may modify or revoke the permissions granted herein at any time, without notice, at any time, and without liability to you. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately terminate and you must destroy any downloaded materials or content in your possession, whether in electronic or printed format.

Your Conduct

Email and submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this before transmitting any information to us over the Internet. You agree not to submit or transmit any information to APRE that (i) is defamatory, threatening, obscene or harassing; (ii) contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, disrupt, or limit the operation or functionality of any APRE system; (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission; or (iv) otherwise violate any applicable laws. APRE shall not be subject to any obligations of confidentiality regarding any information or materials that you submit to us except as specified in these Terms of Use, or as otherwise specifically agreed or required by law.

Third-Party Links

We may make content, services, features, or functionalities available to you (including through links) that are operated or provided by a third party. Each third party’s terms will govern your relationship with such third party. We are not responsible or liable for any third party’s content, terms and conditions, or actions taken under a third party’s terms and conditions. The inclusion of any link does not imply endorsement by APRE of the site. Use of any such linked website is at the user’s own risk.

Indemnification

You agree to indemnify, defend and hold harmless APRE, its affiliates, and the directors, officers, employees, representatives, contractors and agents of any of the foregoing from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses of whatever form or nature (including without limitation attorneys’ fees and other costs of legal defense) related to or arising out of or in connection with (i) your access to or use of our website or content, (ii) your breach of these Terms of Use, (iii) your violation of any third-party right, including without limitation any copyright, property, intellectual property or privacy right; or (iv) third-party content.

Disclaimers

THE WEBSITE AND APRE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL ALWAYS BE SECURE, ERROR-FREE, TIMELY, FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS, OR THAT ANY APRE CONTENT WILL BE TIMELY, ACCURATE, COMPLETE, CURRENT, SUFFICIENT, OR RELIABLE FOR YOUR PURPOSES. THE CONTENT APPEARING ON APRE’S WEBSITE COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. APRE MAY MAKE CHANGES TO THE CONTENT CONTAINED ON ITS WEBSITE AT ANY TIME WITHOUT NOTICE. APRE DOES NOT MAKE ANY COMMITMENT TO UPDATE THE CONTENT.

APRE SPECIFICALLY DISCLAIMS LIABILITY FOR ANY BACK DOOR, TIME BOMB, TROJAN HORSE, WORM, DROP DEAD DEVICE, VIRUS, SPYWARE, MALWARE, OR ANY OTHER COMPUTER CODE OR SOFTWARE ROUTINE THAT PERMITS UNAUTHORIZED ACCESS TO OR DISRUPTS OR IMPAIRS THE NORMAL OPERATION OF APRE OR YOUR NETWORK OR SYSTEMS THAT YOU OR A THIRD PARTY CAUSES TO BE TRANSMITTED. APRE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY DAMAGE (WHETHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR ANY OTHER CAUSE OF ANY KIND OR CHARACTER BASED ON OR RESULTING FROM ANY SERVICE, CONTENT CONTAINED IN, ACCESSED THROUGH, OR PROVIDED OR RECEIVED IN CONNECTION WITH THE WEBSITE

BY ACCESSING OR USING OUR WEBSITE OR INFORMATION, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN YOUR JURISDICTION.

Limitation of Liability

APRE, ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS OF ANY OF THE FOREGOING WILL NOT BE LIABLE FOR ANY DAMAGE (WHETHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING OR ARISING FROM (I) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE OUR CONTENT; (II) THE CONDUCT OR CONTENT OF THIRD PARTIES; OR (III) UNAUTHORIZED USE OF, ACCESS TO, OR ALTERATION OF APRE CONTENT, IN EACH CASE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL APRE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OR ARISING OUT OF ITS WEBSITE, CONTENT OR THESE TERMS OF USE EXCEED $100.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Governing Law; Venue
These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Illinois, excluding conflicts of law provisions. Any claim or dispute hereunder shall be brought in a federal or state court located in Virginia, and you hereby submit to the personal jurisdiction thereof. Motions or applications for equitable or injunctive relief may be made by APRE directly to any court of competent jurisdiction.
ALL CLAIMS AND DISPUTES ARISING UNDER THESE TERMS OF USE MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. Any such claim or dispute shall not be consolidated or joined with any other cases or parties.

WAIVER OF JURY TRIAL. YOU AND APRE HEREBY KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION OF ANY KIND OR NATURE, IN ANY COURT IN WHICH AN ACTION MAY BE COMMENCED, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OR BY REASON OF ANY OTHER CAUSE OR DISPUTE WHATSOEVER BETWEEN YOU AND APRE OF ANY KIND OR NATURE.

Severability; Supersession; Rights; Non-Waiver; Survival

If any provision of these Terms of Use is found unenforceable, then that provision will be severed and not affect the validity and enforceability of any remaining provisions. Except for written and enforceable agreements between you and APRE, these Terms of Use constitute the entire agreement between you and APRE and supersede any prior agreements. These Terms of Use do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms of Use, such non-enforcement shall not be considered a waiver. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms of Use without our consent. In the event of any conflict between these Terms of Use and any written and enforceable agreement between you and APRE, the terms of such agreement shall govern. The terms and conditions of these Terms of Use which by their nature are intended to survive any termination or expiration of your relationship with APRE shall survive such termination or expiration (including without limitation the sections of these Terms of Use titled “Your Use,” “Your Conduct,” “Third-Party Links,” “Indemnification,” “Disclaimers,” “Limitation of Liability,” “Governing Law; Venue,” and “Severability; Supersession; Rights; Non-Waiver; Survival.”

Contact

If you have any questions about these Terms of Use, please contact us at [email protected] or P.O. Box 803312; Chicago, IL 60680.