Terms & Conditions
1. Your Privacy. Your privacy is important to us. Please read the WSU Farmers Network Privacy Statement (the "Privacy Statement") as it describes the types of data we collect from you and your devices ("Data"), how we use your Data, and the legal bases we have to process your Data. The Privacy Statement also describes how WSU Farmers Network uses your content, which is your communications with us and others; postings submitted by you to WSU Farmers Network via the Services; and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast or share through the Services ("Your Content"). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to WSU Farmers Network’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.
2. Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. WSU Farmers Network cannot be held responsible for Your Content or the material others upload, store or share using the Services.
b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve WSU Farmers Network products and services, you grant to WSU Farmers Network a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. Controls for how WSU Farmers Network personalizes advertising are available on the privacy page of the WSU Farmers Network account management website. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files, to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement.
Code of Conduct
3. Code of Conduct.
a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
i. Don’t do anything illegal.
ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
iv. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
v. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
vi. Don’t circumvent any restrictions on access to or availability of the Services.
vii. Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
ix. Don’t engage in activity that violates the privacy of others.
x. Don’t help others break these rules.
b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your WSU Farmers Network account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, WSU Farmers Network reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
Using the Services & Support
4. Using the Services & Support.
a. WSU Farmers Network account. You’ll need a WSU Farmers Network account to access many of the Services. Your WSU Farmers Network account lets you sign in to products, websites and services provided by WSU Farmers Network and some WSU Farmers Network partners.
i. Creating an Account. You can create a WSU Farmers Network account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your WSU Farmers Network account. In some cases, a third party, like your Internet service provider, may have assigned a WSU Farmers Network account to you. If you received your WSU Farmers Network account from a third party, the third party may have additional rights over your account, like the ability to access or delete your WSU Farmers Network account. Please review any additional terms the third party provided you, as WSU Farmers Network has no responsibility regarding these additional terms. If you create a WSU Farmers Network account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your WSU Farmers Network account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your WSU Farmers Network account.
ii. Account Use. You must use your WSU Farmers Network account to keep it active. This means you must sign in at least once in a two-year period to keep your WSU Farmers Network account, and associated Services, active. If you don’t sign in during this time, we will assume your WSU Farmers Network account is inactive and will close it for you. If we reasonably suspect that your WSU Farmers Network account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), WSU Farmers Network may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your WSU Farmers Network account, please contact us.
iii. Kids and Accounts. By using the Services, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help and consent before you create a WSU Farmers Network account. If you are the parent or legal guardian of a minor who creates a WSU Farmers Network account, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the WSU Farmers Network account or Services, including purchases, whether the minor’s account is now open or created later.
iv. Closing Your Account.
1. You can cancel specific Services or close your WSU Farmers Network account at any time and for any reason. To close your WSU Farmers Network account, please contact us. When you ask us to close your WSU Farmers Network account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, your WSU Farmers Network account will be closed. Please see section 4(a)(iv)(2) below for an explanation as to what happens when your WSU Farmers Network account is closed. Logging back in during that 60-day period will reactivate your WSU Farmers Network account.
2. If your WSU Farmers Network account is closed (whether by you or us), a few things happen. First, your right to use the WSU Farmers Network account to access the Services stops immediately. Second, we’ll delete Data or Your Content associated with your WSU Farmers Network account or will otherwise disassociate it from you and your WSU Farmers Network account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). You should have a regular backup plan as WSU Farmers Network won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to products you’ve acquired. Fourth, we may temporarily prevent creation of an account associated with the email address you provided.
b. Work or School Accounts. You can sign into certain WSU Farmers Network services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may be notified of the existence of your WSU Farmers Network account and its associated subscriptions, control and administer your account, and access and process your Data, including the contents of your communications and files, and that WSU Farmers Network may notify the owner of the domain if the account or Data is compromised. You further agree that your use of the WSU Farmers Network services may be subject to the agreements WSU Farmers Network has with you or your organization and these Terms may not apply. If you already have a WSU Farmers Network account and you use a separate work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your WSU Farmers Network account in order to continue accessing such Services.
c. Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
d. Service Notifications. When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with your WSU Farmers Network account, then we may send Service notifications to you via email or via SMS (text message), including to verify your identity before registering your mobile phone number and verifying your purchases. We may also send you Service notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.
e. Support. Customer support for some Services is available. Certain Services may offer separate or additional customer support, subject to additional terms unless otherwise specified. Support may not be available for preview or beta versions of features or Services.
f. Ending your Services. If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your WSU Farmers Network account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services). You should have a regular backup plan. Third, you may lose access to products you’ve acquired. If you have canceled your WSU Farmers Network account and have no other account able to access the Services your Services may be canceled immediately.
Using Third-Party Apps and Services
6. Service Availability.
a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your WSU Farmers Network account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and WSU Farmers Network is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.
Updates to the Services or Software, and Changes to These Terms
7. Updates to the Services or Software, and Changes to These Terms.
a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your WSU Farmers Network account and, if you are a parent or guardian, help your minor child close his or her WSU Farmers Network account.
b. Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. WSU Farmers Network isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products.
c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14(k)), or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
8. Software License. Unless accompanied by a separate WSU Farmers Network license agreement; any software provided by us to you as part of the Services is subject to these Terms.
a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. For certain devices, such software may be pre-installed for your personal, non-commercial use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by WSU Farmers Network. Notices, if any, for the third-party code are included for your information only.
b. The software is licensed, not sold, and WSU Farmers Network reserves all rights to the software not expressly granted by WSU Farmers Network, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
i. circumvent or bypass any technological protection measures in or relating to the software or Services;
ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
iii. separate components of the software or Services for use on different devices;
iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless WSU Farmers Network expressly authorizes you to do so;
v. transfer the software, any software licenses, or any rights to access or use the Services;
vi. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
vii. enable access to the Services or modify any WSU Farmers Network-authorized device by unauthorized third-party applications.
9. Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. The price for paid products includes a charge for the product and a charge for taxes. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your WSU Farmers Network account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location.
b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the WSU Farmers Network account management website and for Skype by signing into your account portal at https://skype.com/go/myaccount. Additionally, you agree to permit WSU Farmers Network to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
c. Billing. By providing WSU Farmers Network with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize WSU Farmers Network to charge you for the Services or available content using your payment method; and (iii) authorize WSU Farmers Network to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
d. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to WSU Farmers Network by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by WSU Farmers Network. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing WSU Farmers Network to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, WSU Farmers Network or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
e. Online Statement and Errors. WSU Farmers Network will provide you with an online billing statement on the WSU Farmers Network account management website, where you can view and print your statement. For Skype, you can access your online statement by signing into your account at www.skype.com. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If WSU Farmers Network has identified a billing error, we will correct that error within 90 days.
f. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that WSU Farmers Network has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. For more refund information, please visit our help topic.
g. Canceling the Services. You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. To cancel a Service and request a refund, if you are entitled to one, visit the WSU Farmers Network account management website. You can request a refund from Skype using the Cancellation and Refund form. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iv) you may lose access to and use of your account when you cancel the Services. We will process your Data as described above in section 4. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
h. Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.
i. Promotional Offers. From time to time, WSU Farmers Network may offer Services for a trial period during which WSU Farmers Network will not charge you for the Services. WSU Farmers Network reserves the right to charge you for such Services (at the normal rate) if WSU Farmers Network determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
j. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
k. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.
l. Gift Cards. Are governed under the terms of the promotion and discount.
Contracting Entity, Choice of Law, Jurisdiction
10. Contracting Entity. For use of free and paid Services, you're contracting with “WSU Farmers Network” Washington State University, Pullman Campus, Johnson Hall, Room 171, Pullman, Wa. 99164
11. Choice of Law and Place to Resolve Disputes. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).
12. Warranties. WSU FARMERS NETWORK, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. WSU FARMERS NETWORK DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
Limitation of Liability
13. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from WSU Farmers Network or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
14. Service-Specific Terms. The terms apply generally to all Services. This section contains service-specific terms that are in addition to the general terms. These service-specific terms govern if there are any conflicts with the general terms.
15. Digital Goods. Through WSU Farmers Network Groove, WSU Farmers Network Media, Store and any other related and future services, WSU Farmers Network may enable you to obtain, listen to, view, play or read (as the case may be) music, images, video, text, books, games or other material ("Digital Goods") that you may get in digital form. The Digital Goods are only for your personal, noncommercial entertainment use. You agree not to redistribute, broadcast, publicly perform or publicly display or transfer any copies of the Digital Goods. Digital Goods may be owned by WSU Farmers Network or by third parties. In all circumstances, you understand and acknowledge that your rights with respect to Digital Goods are limited by these Terms, copyright law, and the Usage Rules herein. You agree that you will not attempt to modify any Digital Goods obtained through any of the Services for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Digital Goods. WSU Farmers Network or the owners of the Digital Goods may, from time to time, remove Digital Goods from the Services without notice.
Cloud Services and File Storage
16. File Uploads and Storage
a. Storage Allocation. If you have more content stored in your WSU Farmers Network Online Account than is provided to you under the terms of your free or paid subscription service and you do not respond to notice from WSU Farmers Network to fix your account by removing excess content or moving to a new subscription plan with more storage, we reserve the right to close your account and delete or disable access to Your Content..
b. Service Performance. Depending on factors such as your equipment, internet connection and WSU Farmers Network’s efforts to maintain the performance and integrity of its service, you may occasionally experience delays in uploading or syncing content.
17. Cloud Services
a. Your use of the our cloud service is governed by the terms and conditions of the agreement under which you obtained the services.
Binding Arbitration and Class Action Waiver
18. Binding Arbitration and Class Action Waiver: If You Live In (or, If a Business, Your Principal Place of Business Is In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes WSU Farmers Network, Skype (see section 10) and WSU Farmers Network’s affiliates and, if you use Skype Pay by Mobile, your mobile phone carrier.
a. Disputes Covered—Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your WSU Farmers Network account, advertising, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
b. Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to WSU Farmers Network , ATTN: CELA Arbitration, Washington State University Farmers Network, Johnson Hall, Room 171, Pullman, Wa. 99164 U.S.A. Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
c. Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or Whitman County, Washington, U.S.A. if you meet the court’s requirements.
d. Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or our principal place of business—Whitman County, Washington if your dispute is with WSU Farmers Network. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
e. Arbitration Fees and Payments.
i. Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
f. Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
g. Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section 15(a)) within one year from when it first could be filed. Otherwise, it's permanently barred.
h. Severability. If any part of this or any relevant section (Binding Arbitration and Class Action Waiver) is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, section 15 will be unenforceable in its entirety.
19. Miscellaneous. This section, and all sections (for amounts incurred before the end of these Terms), and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and WSU Farmers Network for your use of the Services. It supersedes any prior agreements between you and WSU Farmers Network regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. Except for section (arbitration and class action waiver) these Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for WSU Farmers Network’s successors and assigns.
20. Export Laws. You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use. For further information on geographic and export restrictions.
18. Reservation of Rights and Feedback. Except as expressly provided under these Terms, WSU Farmers Network does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by WSU Farmers Network or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to WSU Farmers Network any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback"), you give to WSU Farmers Network, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires WSU Farmers Network to license its software, technologies or documentation to any third party because WSU Farmers Network includes your Feedback in them.
COPYRIGHT & NOTICES
Notices and procedure for making claims of intellectual property infringement. WSU Farmers Network respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement Found Here. ONLY INQUIRIES RELEVANT TO THIS PROCEDURE WILL RECEIVE A RESPONSE.
WSU Farmers Network uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, WSU Farmers Network may also disable or terminate accounts of users of WSU Farmers Network services who may be repeat infringers.
If any owners of copyrights believe WSU Farmers Network users are infringing copyright protected work, they may send a notice to WSU’s designated agent at:
University Marketing and Communications
Washington State University
PO Box 645910
Pullman, WA 99164-5910
Submit an inquiry
Notification of claimed infringement must contain the information required by and otherwise comply with the Digital Millennium Copyright Act, Title II, Section 512(c)
Policy on Using WSU’s Copyright Protected Materials
As a general rule, you may print, reproduce, and use the information in, and retrieve files containing publications or images from, only those WWW documents which WSU expressly grants permission or license to use provided: (1) the use is for non-commercial, personal, or educational purposes only, (2) you do not modify any information or image, and (3) you include any copyright notice originally provided in the materials. If a particular author places further restrictions on the material, you must honor those restrictions. In some instances, specific information contents may be copyrighted by others. By using any of this material, you assume all risks of copyright infringement and related liability.
“The farmer is the only man in our economy who buys everything at retail, sells everything at wholesale, and pays the freight both ways.”-John F. Kennedy
Washington State University
Johnson Hall RM. 171
Pullman, Wa. 99163
Dr. Haiying Tao
“You know, farming looks mighty easy when your plow is a pencil, and you’re a thousand miles from the corn field.”-Dwight D. Eisenhower