Terms of Service

General

Welcome to Lulus Local Food’s website. By using our website you are agreeing to the terms set forth below. If you do not want to be subject to these terms please do not use our website. Lulus Local Food may periodically change these terms, and we encourage you to review them periodically. Lulus Local Food is a program of the Virginia Foundation for Agriculture, Innovation, and Rural Sustainability, a 501(c)(3) non-profit organization (VaFAIRS).

These Terms of Use were last updated on July 1, 2019.

Information Collected

As you access our website, we may obtain certain information about you which we will hold in confidence according to these Terms of Use and our Privacy Policy (which describes how we will and will not use information).

Provided that Lulus Local Food will not use your information in a way that identifies you personally (unless required by law), please understand that information submitted to or gathered by Lulus Local Food via this website, may be treated as non-confidential.

Copyright and Trademark

Unless otherwise noted on this website, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this website belongs to Lulus Local Food or the respective Administrator, farm store or person.

Links

For your convenience, Lulus Local Food provides links to third party websites and Lulus Local Food does not assume any responsibility with regards to these websites. The link to a third party website provided on this website does not imply endorsement of or responsibility for such linked website by Lulus Local Food and we are not responsible for any information you submit to them.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material in accordance with your account settings.

Reliance on Information Posted

The information presented on or through the Website 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 Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers, producers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Lulus Local Food, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Lulus Local Food. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COVERED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COVERED PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COVERED PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

DISCLAIMER AND LIMIT OF LIABILITY

THIS WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND VIRGINIA FOUNDATION FOR AGRICULTURE INNOVATION AND RURAL SUSTATINABILITY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) TO YOU CONNECTED WITH USE OF THIS WEBSITE, INCLUDING ITS CONTENT AND REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means Lulus Local Food, Inc., its subsidiaries and affiliates, and any officer, director, employee, subcontractor, agent, licensor, successor, or assign of any of them.

Lulus Local Food disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: any errors in or omissions from this website, including but not limited to technical inaccuracies and typographical errors; any third party websites or content therein directly or indirectly accessed through links in this website; the unavailability of this website or any portion of this website; or your use of this website.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at: Virginia Foundation for Agriculture Innovation and Rural Sustainability, P.O. Box 27552, Richmond, VA 23261, Attn: Executive Director.

Jurisdictional

Use of this website shall be governed by and construed in accordance with the laws of the State of Virginia, United States of America, as they apply to agreements made and solely performed in Virginia. Disputes arising based on this website or in any way related to this website shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Virginia, and jurisdiction therefore shall be solely in Virginia.

Geographic Restrictions

The owner of the Website is based in the state of Virginia in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

ENTIRE AGREEMENT

These Terms of Use incorporate by reference any notices contained on this website and constitute the entire agreement with respect to your access to and use of this website. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining terms.

PRIVACY & SECURITY

For an explanation of Lulus Local Food’s practices and policies related to the collection, use and storage of online information supplied directly or indirectly by you as a result of your use of Lulus Local Food’s website, please read our Privacy Policy. By accessing this website, you are consenting to our information collection and use practices described in these Terms of Use and our Privacy Policy.

Producer Content

Producers are solely responsible for your own Content and the consequences of submitting and publishing their Content on the Service. Producers affirm, represent, and warrant that they own or have the necessary licenses, rights, consents, and permissions to publish Content they submit; and they license to Lulus Local Food all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

Producers further agree that Content they submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless they have permission from the rightful owner of the material or they are otherwise legally entitled to post the material and to grant Lulus Local Food all of the license rights granted herein.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this website infringe your copyright, you may request removal of those materials (or access to them) from the website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

GENERAL COUNSEL
VIRGINIA FOUNDATION FOR AGRICULTURE INNOVATION AND RURAL SUSTAINABILITY
12580 WEST CREEK PKWY, RICHMOND, VA 23238
804 290 1000
LEGAL@VAFB.COM

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An 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 disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.]

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Indemnification

You agree to defend, indemnify, and hold harmless Lulus Local Food and other Covered Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the website.