Effective as of May 2021 [JF]
- LICENSE GRANT. The Site(s) are made available by Perdue, and this TOU provides to you a personal, revocable, limited, non-exclusive, non-sublicensable and non-transferable license to use the Site(s) conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site(s) solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site(s). Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including HTML code), programs, software, and documentation found on or accessible through the Site(s). Moreover, you may not: (i) use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site(s) or in any way reproduce or circumvent the navigational structure or presentation of the Site(s) in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Site(s); (ii) attempt to gain unauthorized access to: (a) any portion or feature of the Site(s); (b) any other systems or networks connected to the Site(s); (c) any Perdue server; or (d) to any of the services offered on or through the Site(s), by hacking, password “mining,” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Site(s) or any network connected to the Site(s), nor breach the security or authentication measures on the Site(s) or any network connected to the Site(s); (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site(s); (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site(s) or Perdue’s systems or networks or any systems or networks connected to the Site(s); (vi) use any device, software, or routine to interfere with the proper working of the Site(s) or any transaction conducted on the Site(s), or with any other person’s use of the Site(s); (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Perdue on or through the Site(s); (viii) use the Site(s) to harvest or collect email addresses or other contact information; or (ix) use the Site(s) in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Perdue.
- USER OBLIGATIONS. By installing, accessing, or using the Site(s) you hereby represent that you are of the legal age to execute a legally enforceable contract under the laws of the state and/or country in which you reside and will, at all times, provide true, accurate, current, and complete information when submitting information to the Site(s), including, without limitation, when you provide any information to Perdue via an email or any registration or submission form found on the Site(s). If you provide any false, inaccurate, untrue, or incomplete information, Perdue reserves the right to, in its sole discretion, immediately and without notice terminate your access to and use of the Site(s) and/or cancel any of your pending transactions or registrations with Perdue. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site(s). You also acknowledge and agree that use of the Internet and the Site(s) are solely at your own risk. While Perdue has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from the Site(s) over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, Perdue is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site(s), or for the consequences of any reliance on such information. You must make your own determination as to these issues.
- PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site(s). Accordingly, you expressly acknowledge and agree that Perdue transfers no ownership or intellectual property interest or title in and to the Site(s) to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site(s), unless otherwise indicated, are owned, controlled, /and/or licensed by Perdue and its successors, and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Perdue also owns a copyright in the contents of the Site(s) as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site(s). PERDUE® and all other names, logos, and icons identifying Perdue and its programs, products, and services are proprietary trademarks of Perdue, and any use of such marks, including, without limitation, as domain names, without the express written permission of Perdue is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
- POSTINGS. The Site(s) may contain message boards, comment areas, questionnaires, and other interactive features where Users can share and post information or content, such as a photograph. To the extent that the Site(s) contains such communication forums (collectively, “Forums”), you agree that by using the Site(s) you will not post or transmit any of the following materials on the Site(s)’s Forums:
- anything that interferes with or disrupts the Site(s) or the operation thereof;
- statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others;
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others;
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;
- statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Perdue;
- statements or material that misrepresents your affiliation with any entity and/or Perdue;
- statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials; and
- statements or material that are “off-topic” for a designated Forum.
- PERMISSION TO USE POSTINGS. By submitting content or information of any type (a "Posting") to a Forum or other portion of the Site(s) or by otherwise using the Site(s) to transmit or display a Posting, you automatically grant Perdue a royalty-free, perpetual, irrevocable, non-exclusive right, and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to Perdue and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Perdue has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Perdue assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
- NO PRE-SCREENING OF USER CONTRIBUTIONS. Perdue is not responsible for pre-screening or editing your or any other user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, we do not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by Perdue) and do not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any Posting displayed, uploaded, or distributed by you or any other user. Nevertheless, we reserve the right to monitor, delete, access, read, preserve, disclose, or take other action with respect to Postings (or parts thereof) that we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) detect, prevent, or otherwise address fraud, security, or technical issues; (iii) respond to user support requests; (v) protect the rights, property, or safety of Perdue, its users, affiliates, representatives, or the public; or (iv) address any act or omission that we believe in good faith violates this TOU and/or is, or is potentially, unlawful or harmful to Perdue or its affiliates or representatives. If you violate this TOU, we may, in our sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the Site(s).
- DMCA Takedown Policy. It is Perdue’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). We respect the intellectual property of others. Users who believe that their intellectual property rights have been infringed through the online services provided by Perdue may contact us through their authorized agent and request that the infringing material be removed or access to it blocked. Perdue’s designated “Agent for Notice” of claims of copyright infringement can be reached as follows: Assistant General Counsel, P.O. Box 1537, Salisbury, MD 21804, (410) 341-2191, firstname.lastname@example.org.
Proper notification of copyright infringement must be sent to Perdue’s Agent for Notice (as designated above) and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site(s) are covered by a single notification, a representative list of such works at that Site(s);
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please place the following label, “Notice of Infringement,” in the subject line of all such communications to Perdue. We will promptly remove or disable access to materials that are the subject of a proper DMCA notification and notify the user responsible for the material about said removal.
Users who believe that their material has been removed by mistake or are not in violation of copyright law should provide us with a counter-notification that contains the following information:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, telephone number, and a statement that you consent to the jurisdiction of the courts of the State of Maryland, and that you will accept service of process from the person who provided the notification above, or an agent of such person.
Upon receipt of such material, we will restore the material and provide the counter-notification to the party who issued the notification.
- RELIANCE ON INFORMATION POSTED. The information presented on or through the Site(s) is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site(s), or by anyone who may be informed of any of its contents. We may update the content on this Site(s) from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site(s) may be out of date at any given time, and we are under no obligation to update such material.
- USERNAME HANDLING POLICY. Registration as a user for access to certain areas of the Site(s) may require both a username and a password or adherence to other particular access requirements as designated by Perdue in its sole and absolute discretion. Only one user can use one username and password and, thus, one account. By limiting access in this fashion, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your username and password can gain entry to the restricted portions of the Site(s) and to your account. Accordingly, by using the Site(s), you agree to consider your username and password as confidential information and to keep your username and password strictly confidential. You also agree not to use another user’s username and password. You will immediately notify Perdue if you suspect or become aware of any loss or theft of your password or any unauthorized use of your username and password. Perdue cannot and will not be liable to any degree for any loss or damage arising from your failure to comply with these obligations. Perdue reserves the right to delete or change a username or password at any time and for any reason in its sole and absolute discretion. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this TOU.
- OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions (including, without limitation, terms governing employment opportunities or purchase terms) may apply to the purchase of certain products and/or resources, participation in certain events or programs, and/or to specific portions or features of the Site(s), all of which are made a part of this TOU by this reference. You agree to abide by such other notices, terms, and conditions, including, where applicable, representing that you are of sufficient legal age to acquire a product and/or use or participate in any event or program, service, or feature. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Site(s), including any areas to facilitate a particular transaction or for any program, event or service offered on or through the Site(s), the latter terms shall control with respect to your use of that portion of the Site(s). Perdue’s obligations, if any, with respect to its services, events, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on the Site(s) should be construed to alter such terms, conditions, notices, and agreements.
- LINKS TO OTHER SITES. Perdue may provide links, in its sole discretion, to other sites or online social media pages for your convenience in locating or accessing related information, products, and services. These sites or pages have not necessarily been reviewed by Perdue and are maintained by third parties over which Perdue exercises no control. Accordingly, Perdue expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web Moreover, these links do not imply an endorsement with respect to any third party or any Website or the products or services provided by any third party.
- THIRD PARTY PRODUCTS/SERVICES. Perdue, in its sole and absolute discretion, may post the advertisements or logos of third parties on the Site(s) and/or feature materials, programs, events, products, and services provided by third parties. Perdue makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, events, products, and services or any other materials, programs, events, products, and services which you may access through such third-party materials, products, and services. Your correspondence or any other dealings with third parties found on the Site(s) are solely between you and such third party. Perdue expressly disclaims responsibility and liability for all third-party provided materials, programs, events, products, and services contained on or accessed through the Site(s), and you agree that Perdue shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third-parties’ materials, products, and/or services on the Site(s).
- DISCLAIMER. WHILE PERDUE ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE(S) ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE(S). PERDUE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, SUITABILITY, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE(S) FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‑INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.
- LIMITATION OF LIABILITY. You expressly absolve and release Perdue from any claim of harm resulting from a cause beyond Perdue’s control. MOREOVER, IN NO EVENT SHALL PERDUE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE(S) OR WITH THE DELAY OR INABILITY TO USE THE SITE(S), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF PERDUE FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE(S) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PERDUE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
- ARBITRATION AND CLASS ACTION WAIVER. You agree that all disputes between you and Perdue (whether or not such dispute involves a third party) with regard to your relationship with Perdue, including, without limitation, disputes related to this TOU, your use of the Site(s), and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and you and Perdue hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor Perdue will participate in a class action or class-wide arbitration for any claims covered by this TOU. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Perdue is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
- ENFORCEMENT. Actual or attempted unauthorized use of the Site(s) may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Perdue reserves the unqualified right to view, monitor, and record activity on the Site(s) without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Site(s) is subject to review by law enforcement organizations in the sole and absolute discretion of Perdue. Perdue will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, Perdue reserves the right, at any time and without advance notice, to modify, suspend, terminate, or temporarily interrupt operation of or access to the Site(s) or any portion thereof. You further acknowledge that any breach, threatened or actual, of this TOU will cause irreparable injury to Perdue, such injury would not be quantifiable in monetary damages, and Perdue would not have an adequate remedy at law. You therefore agree that Perdue shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU.
- SUBMISSIONS. Perdue welcomes your feedback and suggestions about how to improve the Site(s) and/or the events, programs, products, and/or services of Perdue. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Perdue, you represent and warrant that such Feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such Feedback to Perdue. In addition, any Feedback received through the Site(s) will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license for Perdue to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology, now known or later developed, for the full term of any rights that may exist in such content, and you hereby expressly waive any claim to the contrary.
- TERM AND TERMINATION. This TOU will take effect (or shall re-take effect) at the time you click “I ACCEPT,” register, respond to a request for information or materials, and/or begin accessing or using the Site(s), whichever is earliest. Perdue reserves the right at any time, which shall include, without limitation, on any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this Agreement, to deny you access to the Site(s) or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users. This TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing to use the Site(s), but all applicable provisions of this TOU will survive termination, as identified below. The provisions concerning Perdue’s proprietary rights, feedback, indemnity, disclaimers of warranty and liability, submissions, admissibility of this TOU, integration, waiver and severability, and governing law will survive the termination of this TOU for any reason.
- WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Perdue of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by Perdue that most clearly matches the intent of the original provision, and the remainder of this TOU shall continue in effect.
- CONTACT INFORMATION. If you have questions regarding the Site(s), please contact email@example.com.