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TERMS OF USE

handsomecockfarm.com (“Website”) is owned and operated by Handsome Cock Farm, LLC (the “Company, “we” or “us”). These Terms of Use constitute an agreement between the Company and you, the user, and govern your access and use of the Website and all content there on. All personal information that we collect through the Website is subject to our Privacy Policy (the “Privacy Policy”). You should read these Terms of Use and the Privacy Policy carefully before using our Website.


CONSET TO TERMS

BY USING THE WEBSITE AND ACCESSING THE CONTENT THEREON, YOU AGREE TO BE BOUND BY THE TERMS ANDCONDITIONS CONTAINED IN THESE TERMS OF USE. If you do not agree to these Terms of Use, you may not accessor otherwise use the Website. We reserve the right, in our sole discretion, to modify these Terms of Use at any time by posting updated Terms of Use. By continuing to access and use the Website after any such modification is made, you are agreeing to such modification. Please check these Terms of Use frequently for updates. At the bottom of these Terms of Use is the date on which they were last updated.


INTELLECTUAL PROPERTY RIGHTS AND USE OF THE WEBSITE

All of the content you see and hear on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by the Company or by third parties who have licensed their materials to the Company. The content on the Website, and the Website as a whole, are intended solely for the personal, noncommercial use by the users of our Website. You may download, print or store selected portions of the content, provided you (1)only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any content or materials is transferred to you as a result of any such activities. The Company reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from the Website. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from the Company. You are prohibited from accessing or using the Website in a manner that violates any applicable law, statute, ordinance, or regulation. You must not hack the Website or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information. You must not perform any activity to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of any of the Website, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to bar any such activity. If you provide us any Feedback (as defined below), you hereby assign to us all rights in the Feedback and agree that we shall have the right, but are under no obligation, to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary. “Feedback” means all comments, remarks, data, suggestions, methods, surveys, reports, ideas, and other content that you provide by using the Website or provide about the Website, the Website’s content, or any aspect of our mission or operations, whether provided to us directly or through our service providers.

We reserve the right to modify the Website at any time for any reason or no reason at all. Additionally, we reserve the right to change or terminate any content or offerings at any time for any reason or no reason at all.


LINKS TOTHIRD-PARTY PLATFORMS AND COMMUNITY FORMS

The Website may contain links to websites, applications, or other platforms, such as social media platforms, maintained by third parties over which we have no control. Your use of such websites, applications, and platforms are governed by the terms of service or terms of use of those platforms, applications, and websites and we encourage you to review those as well. Please note, you are prohibited from posting on, or transmitting through, the Website or our social media pages any unlawful, harmful, threatening, abusive, harassing, defamatory, infringing, obscene, racially or ethnically derogatory, sexually explicit, profane, hateful, or otherwise objectionable material of any kind. We reserve the right, but are under no obligation, to remove any user posts at any time and for any or no reason. You represent and warrant that: (a) if you post or submit any materials or personally-identifying information on, through, or in connection with the Website, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any materials or content you post or submit on, through, or in connection with the Website that may be necessary for their use as contemplated by the Website or these Terms of Use, (c) the comments, materials or content you post or submit does not and will not defame any individual or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any individual or entity, or violate these Terms of Use. We are not responsible for any user comments, materials, or content submitted by you or a third party on, through, or in connection with the Website. We cannot verify the accuracy of statements that users make or place on the Website or through the Website, and we do not guaranty that any user comments, materials or content have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms of Use.


DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any posting by a user or other content on the Website or in relation to the Website infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at on the Website; (iii) a description of the location on the Website of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and(vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If content that you submitted has been removed as a result of a notification as described above and you believe that such content or portion of that content was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the content at issue.


Our designated Copyright Agent for notice of claims of infringement is:

Connie Avila

Business for Good

605 N. Broadway, Saratoga Springs, 12866

Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other inquiries, comments, requests for technical support, and other communications should be directed to us at hello@bfg.org. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.


INDEMNITY

You agree to indemnify and hold harmless the Company, its contributors, business partners, and their respective owners, managers, directors, officers, employees, agents, and representatives from any and all claims, liabilities, damages, costs or expenses, including attorneys’ fees, arising from (a) your breach of the terms and conditions of these Terms of Use or (b) your use of the Website, including, without limitation, your submission of comments, materials, or content on or through the Website.


DISCLAIMER

THE WEBSITE AND CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT ASOTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OFUSE, THE COMPANY AND ITS MEMBERS, DIRECTORS, OFFICERS, AFFILIATES, REPRESENTATIVES, AND BUSINESS PARTNERS EXPRESSLY DISCLAIM ANY AND ALLWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIEDWARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ORERROR-FREE, OR (3) THE QUALITY OF THE WEBSITE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELYRESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THATRESULTS FROM USE OF THE WEBSITE.FURTHER, THE COMPANY MAKES NO REPRESENTATION THAT THE WEBSITE, OR ANY PORTION THEREOF, ISAPPROPRIATE OR AVAILABLE FOR USE IN JURISDICTIONS OUTSIDE OF THE UNITED STATES, OR THAT THESE TERMSOF USE COMPLY WITH THE LAWS OF ANY OTHER COUNTRY. YOU AGREE THAT YOU WILL NOT ACCESS THEWEBSITE FROM ANY TERRIROTY WHERE ITS CONTENT ARE ILLEGAL, AND THAT YOU, AND NOT THE COMPANY, ARERESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS.


LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES,AGENTS, AFFILIATES, REPRESENTATIVES, OR BUSINESS PARTNERS, OR THE WEBSITE’S CONTRIBUTORS, BE LIABILEFOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THE USE OF ORINABILITY TO USE THE WEBSITE, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION; (B) FOR ANYINCORRECT OR INACCURATE INFORMATION; (C) FOR ANY UNAUTHORIZEDACCESS TO OR DISCLOSURE OF YOURTRANSMISSIONS OR DATA; (D) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THEWEBSITE; OR (E) FOR ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY THIRD PARTY WEBSITE. THIS IS ACOMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANYDIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OFBUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTEWEBSITE OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OFWARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THEPOSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTALELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE WEBSITE WOULD NOT BEPROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUMLIABILITY OF THE COMPANY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR ANY ACCESS TO OR USE OF THEWEBSITE. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS FOR THEWEBSITE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FORANY DISPUTE WITH THE COMPANY IS TO STOP USING THE WEBSITE.


CLAIM LIMITATIONS PERIOD

You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the Website or these Terms of Use must be filed within six (6) months after such claim or cause of action arose, or is forever barred.


ABILITY TO TERMINATE ACCESS TO THE WEBSITE

You agree that we may terminate or suspend your access to all or part of the Website without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms of Use or any applicable law or is harmful to the interests of the Company or another user. Governing Law; Jurisdiction & Venue; Class Action Waiver


These Terms of Use shall be governed, construed and enforced in accordance with the internal laws of the State of New York, without regard to conflict of laws principles. To the extent permissible by law, any disputes under these Terms of Use or relating to the Website shall be litigated in the New York Supreme Court, Saratoga County or in the United States District Court for the Northern District of New York, Albany Division, and you hereby consent to personal jurisdiction and venue therein.


To the fullest extent permitted by applicable law, NO CLAIM RELATED TO THESE TERMS OF USE SHALL BE JOINEDTO ANY OTHER CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMERUSER OF THE WEBSITE, ANDNO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED.


USE OUTSIDE OF THE UNITED STATES

We expressly disclaim any representation or warranty that the Website complies with all applicable laws and regulations outside of the United States. If you access the Website or use any content thereon outside of the United States, you acknowledge and agree that you are responsible for ensuring your use of the Website is in full compliance with all applicable laws, regulations, and customs of the jurisdiction in which you are located.


MISCELLANEOUS

A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. Whenever possible, each provision these Terms of Use shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these Terms of Use shall be deemed prohibited or invalid under such applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and such prohibition or invalidity shall not invalidate the remainder of such provision or the other provisions of these Terms of Use, such that the remainder of these Terms of Use shall continue in full force and effect.


CONTACT INFORMATION

If you have any comments, questions or complaints regarding these Terms of Use or the Website or wish to report any violation of these Terms of Use, please contact us at hello@bfg.org. We will address any issue to the best of our abilities as soon as practicable.



These Terms of Use were last updated on December 14, 2022.

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