Notice of Privacy and Liability Limitation Policy
Thank you for creating an Account on kyfarmtoschool.com.
Terms and Conditions of Use (“Terms”)
The University of Kentucky (“UK”), through its College of Agriculture, Food, and Environment, has developed Kentucky Farm to School is a website (“FTS Website”) to enable producers and school food service purchasers locate one another and thereby increase Kentucky food being served in schools. UK hopes to register and connect producers and school food service purchasers.
As used in these Terms, "University of Kentucky”, “UK”, "we", or "our" refers to the University of Kentucky, affiliates of the University of Kentucky, and board members, officers, employees, students, and agents of the University of Kentucky and such affiliates.
You must accept these Terms to create an FTS account (“Account”) and to use the services available through the FTS Website. If you do not have an account, you accept these Terms by visiting www.kyfarmtoschool.com. If you do not accept these Terms, do not create an account or visit www.kyfarmtoschool.com.
UK may revise these Terms from time to time without notice.
BY ACCESSING THE FTS WEBSITE, YOU ACKOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.
1. Creating an Account
Full use of the FTS Website requires that you create an Account by providing UK with information identifying yourself and your intended use of the information available through the FTS website, a valid email address, and strong password. You agree that you will be the only user of your account and not share it with others. In the case of an organizational email address used to create an Account, you agree to limit access to your Account to authorized agents of your organization and are responsible for those individual’s use of the Account. You are responsible for all activity that occurs in association with your Account. UK is not liable for any claims, costs, losses or damages directly or indirectly caused by your failure to maintain the confidentiality of your Account credentials. You agree to notify UK immediately of any security breach or unauthorized use of your Account.
2. Acceptable Use
Uses of the FTS Website may only use it in ways consistent with applicable law. “Website Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the FTS Website to you. Website Content, the FTA Website, and its underlying technology are protected by copyright, trademark, patent, and other intellectual property, and other laws of the Commonwealth of Kentucky, United States, and foreign countries. Website Content may include materials that are copyrighted by non-UK third parties. You agree not to remove, change, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the FTS Website.
UK grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Website Content solely for the uses permitted in these Terms. This license is provided solely for your individual use of the FTS Website as permitted in these Terms. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the FTS Website, Website Content, or any portion of them, except as expressly permitted in these Terms. UK does not grant any express or implied right to Website Content to users of the FTS Website beyond that explicitly stated in these Terms.
3. Prohibited Use
Prohibited use includes, but is not limited to the following: Unauthorized use, destruction, or impairment of the FTS Website or any component thereof. Gaining or attempting to gain unauthorized access to the FTS Website, other accounts, or computer systems or networks connected to the FTS Website, through hacking, password mining or any other means, including without limitation attempting to or circumventing data protection methods or algorithms, decrypting user passwords, accessing protected files, or uncovering security loopholes. Using the FTS Website or Website Content for product advertisements or re-publishing the Website Content.
4. UK’s Enforcement Rights
UK is not obligated to monitor access or use of the FTS Website or Website Content, or to review or edit any Website Content, but UK has the right to do so to operate the FTS Website, ensure compliance with these Terms, and comply with applicable law or other legal requirements. UK has the right to investigate violations of these Terms and any conduct that affects the FTS Website.
5. DMCA/Copyright Policy
UK respects copyright law and expects its users to do the same. It is UK’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders. For purposes of the Digital Millennium Copyright Act (“DMCA”), UK has designated an agent for notices of claimed infringement. If you have any objections governed by the DMCA, please contact the agent listed under the last section of these Terms below. UK provides this contact information for purposes of the DMCA only and reserves the right to respond to communication that is relevant for this purpose. However, UK does not warrant that use of any of the Website Content will not infringe the rights of third parties.
6. Privacy
a. How UK Gathers Information
You provide UK with information when you create an Account, such as your name, phone number, email address, and password for accessing the Website Content. This information is required for Account creation.
The information we receive depends on what you do when visiting the FTS Website. If you visit the FTS Website to read or download information, we collect and store, without limitation, the following types of information about you: the Internet Protocol (IP) address through which you accessed the FTS Website; the date and time you access the Website; geolocation information; and the type of browser you are using to access the Website. Related information that may be gathered includes: host or proxy address; requested resource; whether the request succeeded or failed; the size of the resource; browser version; referring web site (if any).
b. How UK Uses Information
i. Potential Uses
UK may use the information that you provide for uses, including but not limited to: counting ad impressions to unique visitors; protecting against malicious, deceptive, fraudulent activity, and prosecuting those responsible for such activities; short-term transient use; providing customer service; processing or fulfilling orders or transactions; marketing and advertising apart from user content; undertaking internal research for technological development and demonstration.
ii. Compelled Disclosure
UK reserves the right to use or disclose your personal information if required by law or if UK reasonable believes that use or disclosure is necessary to protects its rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process. UK is subject to the Kentucky Open Records Act, KRS 61.100, et. seq., and information in and related to the FTS Website may, dependent on the application of applicable law, be required to be disclosed pursuant to such law.
iii. UK Will Not Sell Your Personal Information
UK will not sell, rent, transfer, or disclose your personal information to advertisers or other third parties for direct marketing purposes. You may receive marketing or other promotional materials from UK.
iv. Cookies and Similar Technologies
UK may use cookies or similar technologies (such as web beacons) to analyze trends, administer its services, track users’ movements around the FTS Website, test content on the FTS Website, store information about your preferences, recognize when you return to the FTS Website, and to gather demographic information about UK’s user base as a whole.
This Website uses Google Analytics to collect information about you and your behaviors. If you would like to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/.
Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. We support Do Not Track (“DNT”). You can enable or disable DNT by visiting the Preferences or Settings page of your web browser.
c. Opting Out and How You Can Learn More
You may opt-out of us collecting your personal information at any time by not inputting data into our website, by clicking unsubscribe on emails, and by contacting us.
If you have specific questions about your data privacy, please use the contact information provided in the last section of these Terms below.
7. Disclaimers and Disclosures
Any access to the FTS Website is voluntary and at the sole risk of the user. The FTS Website and Website Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, UK explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non- infringement, any warranties arising out of course of dealing or usage of trade. UK makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the FTS Website or Website Content.
UK DOES NOT WARRANT THAT THE FTS WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. UK ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR (I) ANY ERRORS OR OMISSIONS IN THE APP CONTENT, (II) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR ELECTRONIC EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE FTS WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE FTS WEBSITE OR OTHER WEBSITES, OR (III) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.
No advertising, sponsorship, paid insertions or other forms of compensation for endorsements are made to UK or by UK in connection with the FTS Website or Website Content. All third-party content included in the Website Content is done without endorsement of UK, the FTS Website or Website Content. Accessing a third-party website from the FTS Website subjects you to the privacy policies of the third- party site. UK is note responsible for the contents, privacy policy, or other practices of any third-party websites linked to on the FTS Website. All product and service marks contained in the FTS Website that are not marks are the trademarks of their respective owners.
8. Indemnity
To the extent and in the manner provided by applicable law, you will indemnify and hold harmless UK and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees and costs arising out of or in any way connected with your (i) access to or use of the FTS Website or Website Content, (ii) breach of any warranties made by you under these Terms, (iii) violation of any other provision of these Terms, or (iv) violation of any third-party right. UK reserves the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with UK in asserting any available defenses.
9. Limitation of Liability
Neither UK, its suppliers or licensors, nor any party involved in creating, producing, or delivering the FTS Website or Website Content will be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use of inability to use the FTS Website or Website Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not UK has been informed of the possibility of such damage, even if a limited remedy set forth in these Terms is found to have failed its essential purpose. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between UK and you.
10. Choice of Law/Governing Law/Jurisdiction and Venue
These Terms and the resolutions of any disputes under them or regarding the FTS Website or Website Content shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky without regards to its conflict of laws principles. Any dispute between UK and any user of the FTS Website may be brought in Franklin Circuit Court in Frankfort, Kentucky in the Commonwealth of Kentucky, and UK and each user consents to the personal jurisdiction and exclusive venue of this court. Notwithstanding any other terms or conditions of these Terms, neither of UK nor you, nor your institution, to the extent that one of them is a state agency or corporation eligible to claim privileges or immunities under applicable law under the laws of its or their jurisdiction shall be deemed to have waived any privileges or immunities that might be available to it under applicable law.
11. General Terms
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between UK and you regarding the FTS Website and Website Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between UK And you regarding the FTS Website and Website Content. UK expressly reserves all rights that it does not expressly grant in these Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without UK’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. UK may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by UK under these Terms, including those regarding modifications to these Terms, will be given by posting to the FTS Website.
This Website is intended for use by a general audience and does not offer services to children. Should a child whom we know to be under 18 send personal information to us, we will use that information only to respond to that child to inform him or her that they cannot use the FTS Website.
UK’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver any of any such right or provision will be effective only if in writing and signed by a duly authorized representative of UK.
Except as expressly set forth in these Terms, the exercise of either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Subject to any agreements UK may have with any licensors and suppliers, UK reserves the right to change or discontinue features and specifications of the FTS Website and Website Content at any time and without notice.
12. Contact Information
Should you have any questions regarding these Terms, the FTS Website or Website Content, contact:
Nutrition Education Program
1500 Bull Lea Rd.
Suite 130
Lexington, Kentucky 40511
859-257-2948
