Terms of service

1. LICENSE GRANT. The Site(s) are made available by Kenston Farms, 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 Kenston Farms 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 Kenston Farms' 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 Kenston Farms 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 Kenston Farms.

2. 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 Kenston Farms via an email or any registration or submission form found on the Site(s). If you provide any false, inaccurate, untrue, or incomplete information, Kenston Farms 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 Kenston Farms. 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 Kenston Farms 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, Kenston Farms 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.

3. PROPRIETARY RIGHTS. This TOU provides only a limited license to access and use the Site(s). Accordingly, you expressly acknowledge and agree that Kenston Farms 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 Kenston Farms 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. Kenston Farms 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). KENSTON FARMS® and all other names, logos, and icons identifying Kenston Farms and its programs, products, and services are proprietary trademarks of Kenston Farms, and any use of such marks, including, without limitation, as domain names, without the express written permission of Kenston Farms is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

4. PRIVACY POLICY. You understand, acknowledge, and agree that access to certain information and/or with respect to the operation of certain portions of the Site(s) may require or involve the submission, use, and dissemination of various personally identifiable information. Accordingly, if you wish to access and use those areas of the Site(s), you acknowledge and agree that your use of the Site(s) will constitute acceptance of Kenston Farms’ personal identifying information collection and use practices. Please see Kenston Farms’ Privacy Policy for a summary of Kenston Farms’ personal identifying information collection and use practices.

5. 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) or within the Forums, including, without limitation, photograph(s), or other graphic representations:

(a) Anything that interferes with or disrupts the Site(s) or the operation thereof;

(b) Statements about candidates, parties or issues that are false, misleading, or deceptive;

(c) Statements that are intended to impersonate others or cause confusion among users;

(d) Anything that is defamatory, harassing, offensive, obscene, pornographic, sexually explicit, indecent, lewd, violent, hateful, or otherwise objectionable;

(e) Materials that violate the privacy rights or rights of publicity of others;

(f) Statements that are harmful to minors;

(g) Statements that constitute or advocate illegal activity;

(h) Anything that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party;

(i) Chain letters or pyramid schemes; and

(j) Anything that is commercial, business-related or advertises or offers to sell any products, services, or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations).

1. OWNERSHIP OF POSTINGS. You acknowledge and agree that Kenston Farms and its designees shall have the right (but not the obligation) in their sole discretion to refuse, edit, delete, or remove any material submitted to or posted on the Site(s) that violate this TOU or is otherwise objectionable. You further acknowledge and agree that Kenston Farms has the right to 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. The Forums shall be used only in a noncommercial manner. You shall not, without the express approval of Kenston Farms, distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services. You specifically acknowledge and agree that Kenston Farms is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. You use the Site(s) at your own risk and Kenston Farms would not be responsible in any manner for any harm or damage that may result to you, your property or any third party.

2. INDEMNITY. You agree to indemnify, defend, and hold Kenston Farms and its affiliated companies, shareholders, directors, officers, employees, agents, and other representatives harmless from and against all claims, liabilities, losses, expenses, damages, and costs (including reasonable attorneys' fees) that arise from your breach of this TOU, your use of the Site(s), your submission of any information to Kenston Farms, or any violation of any law by you.

3. DISCLAIMER OF WARRANTIES. THE SITE(S) AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE(S) ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SITE(S) AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE(S) ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. KENSTON FARMS AND ITS AFFILIATED COMPANIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE(S) ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SITE(S) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE(S) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE(S) IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

4. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL KENSTON FARMS OR ITS AFFILIATED COMPANIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE(S), INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE(S) OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO KENSTON FARMS RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE(S). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

5. LINKS TO THIRD PARTY SITES. Kenston Farms does not endorse any statements or opinions contained in any comments, articles, or other third party content (including advertisements and links to third party sites) on or accessible through the Site(s), and you agree that Kenston Farms shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any such content. The Site(s) may contain links to websites operated by third parties. These links are provided for your convenience only. Kenston Farms does not control these websites and is not responsible for their content. The inclusion of third party links on the Site(s) does not imply that Kenston Farms endorses or has reviewed these third party websites. You should review any terms of use and privacy policies posted on third party websites before using them.

6. TERMINATION. You agree that Kenston Farms, in its sole discretion, may terminate or suspend your access to and use of the Site(s) at any time and for any reason, including, without limitation, if Kenston Farms believes that you have violated or acted inconsistently with the letter or spirit of this TOU. Upon any such termination or suspension, your right to use the Site(s) will immediately cease, and Kenston Farms may, without liability to you or any third party, immediately deactivate or delete your user name, password, and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 3, 4, 7, 8, 9, 10, 11, and 12 shall survive any termination.

7. GOVERNING LAW; MISCELLANEOUS. This TOU shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to this TOU shall be filed only in the state or federal courts located in the State of Alabama, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this TOU. If any provision of this TOU shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this TOU and shall not affect the validity and enforceability of any remaining provisions. This TOU constitutes the entire agreement between the parties relating to the subject matter herein and supersedes all prior or contemporaneous written or oral agreements with respect to such subject matter. This TOU may not be amended except in writing signed by both parties. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.