Welcome to the FTNNE website or mobile properties, including related applications (collectively, this “Website”). This Website is provided solely to assist customers in gathering farm transfer or related information, searching for and contacting professionals in farm transfer related fields, and for no other purposes. The terms “we”, “us”, “our” and “FTNNE” refer to The Farm Transfer Network of New England, a New Hampshire non-profit organization and/or our subsidiaries. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website.
We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.
Use of the Website
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a FTNNE account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our Website. FTNNE does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose
(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(v) deep-link to any portion of this Website for any purpose without our express written permission; or
(vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by FTNNE in connection with the Website or the services.
Inclusion of or reference to any service provider on this website including but not limited to attorneys, accountants, and CPAs (etc) does not constitute or imply an endorsement, recommendation or favoring by FTNNE. FTNNE is not responsible for the advice of or actions by any service providers listed herein. Any views or opinions reflected by any service provider listed herein are not necessarily the views of the FTNNE. Any reference herein to any external website or professional services cannot be used for advertising or product endorsement purposes.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS FTNNE’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. FTNNE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, VACATION RENTAL PROPERTIES, AIR, CRUISE, CAR AND ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF HOTEL OR VACATION RENTAL PROPERTY AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, FTNNE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
FTNNE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY FTNNE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FTNNE DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM FTNNE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FTNNE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE THIRD-PARTY SUPPLIERS PROVIDING HOTEL OR VACATION RENTAL PROPERTY INFORMATION, TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF FTNNE. FTNNE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FTNNE HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL FTNNE (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF FTNNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If FTNNE is found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then FTNNE’s liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to FTNNE for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of FTNNE.
You agree to defend and indemnify FTNNE and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of this Website.
Links to Third-party Sites
This Website may contain hyperlinks to websites operated by parties other than FTNNE. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on FTNNE to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
Software Available on this Website
Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote FTNNE’s services, websites, partners and other products available in the United States, its territories, possessions and protectorates. The FTNNE websites are controlled and operated by FTNNE from its offices in the State of New Hampshire in the United States. FTNNE makes no representation that materials on the FTNNE websites are appropriate or available for use outside of the United States. Those who choose to access the FTNNE website from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the FTNNE websites is further subject to United States export controls. No software from the FTNNE websites may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the FTNNE websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any software that is made available to download from the FTNNE websites (“Software”) is the copyrighted work of FTNNE, or FTNNE affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by FTNNE and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
Copyright and Trademark Notices
All contents of this Website are: ©2016 FTNNE. All rights reserved. FTNNE is not responsible for content on websites operated by parties other than FTNNE. FTNNE and all product or service names or slogans displayed on this Website are registered and/or common law trademarks of FTNNE and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FTNNE or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of FTNNE and may not be copied, imitated or used, in whole or in part, without the prior written permission of FTNNE. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FTNNE.
If you are aware of an infringement of either your brand or our brand, please let us know by following the Copyright Complaint Policy and by e-mailing us at firstname.lastname@example.org. We only address messages concerning brand infringement at this email address.
Jurisdiction and Governing Law
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of New Hampshire, USA. You hereby consent to the exclusive jurisdiction and venue of courts in New Hampshire, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against FTNNE arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in the State of New Hampshire. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and the FTNNE and/or affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and FTNNE with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and FTNNE with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
©2016 Farm Transfer Network of New England. All rights reserved.