Terms of Use

Please Read Terms of Use Before Using This Site

Operating under the auspices of the eXtension Foundation, Inc. (“eXtension Foundation” or “eXtension”), the eXtension Foundation’s online properties comprise of, but are not limited to, all pages found under www.eXtension.org and any other pages operated by eXtension Foundation (the “Site”). The Site provides users the ability to access information, data, and other content and materials (the “Content”) and community features, such as our community “Ask Our Expert” postings, (the “Public Areas”). By accessing the Site, Content, or Public Areas, you, or, if you represent an entity or other organization, that entity or organization (in either case, the “user”) signifies user’s affirmative acceptance of this Terms of Use and acknowledges and agrees that this Terms of Use forms a binding legal obligation on behalf of user. If the user does not accept all terms and conditions in this Terms of Use, please do not access the Site or any Content.

eXtension Foundation, reserves the right, in its discretion, to change or modify all or any part of this Terms of Use at any time, effective immediately upon notices published on the Site. Additionally, eXtension Foundation reserves the right to modify or discontinue the provision of the Content or any Public Areas at any time and within its sole discretion. Continued access to the Site constitutes binding acceptance of this Terms of Use, including any changes or modification made by eXtension Foundation as permitted above. Please be sure to review this Terms of Use periodically to ensure familiarity with the most current version. If at any time this Terms of Use is no longer acceptable to the user, the user should immediately cease all access to the Site. Continued access to the Site and Content is acceptance of those changes.

Please be sure to review this Terms of Use periodically to ensure familiarity with the most current version.

Site and Tools are for Personal, Noncommercial Use Only

The Site and its Content, including, without limitation, text, graphics, images, photographs, illustrations, audio and video clips, software, links, and other material contained on the Site, are for user’s own personal, noncommercial purposes only. The Content is not intended to be a substitute for professional advice. The user should not rely on any Content on the Site to replace consultations with qualified professionals to meet the user’s individual needs.

eXtension Foundation does not recommend or endorse any specific tests, professionals, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information or Content on the Site, employees or suppliers, third parties or others appearing on the Site, or other visitors to the Site, is solely at the user’s own risk. eXtension Foundation has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Content. Without limiting the foregoing, eXtension Foundation will not be held liable to user or any other third party for any Content, including user’s Content, under a Federal Law called the Communications Decency Act or CDA, 47 U.S.C. § 230. Except as set forth in this Terms of Use, user is granted no licenses or other rights in or to any Content, or any intellectual property and proprietary rights therein or related thereto.

Access to the Site and Content

Limited Personal, Noncommercial Access and Use

User acknowledges that the Site contains Content that is protected by copyright, trademark, or other intellectual property and proprietary rights of eXtension Foundation or third parties. Exclusive title to the Site and Content, and all such proprietary and intellectual property rights, remains with eXtension Foundation or its licensors. The Site is also subject to copyright protection as a collective work of eXtension Foundation pursuant to applicable copyright law. The user agrees to comply with any copyright notices, information, or restrictions displayed on the Site or contained in any Content available on or accessed through the Site.

All Content is provided for informational purposes only and user is solely responsible for verifying the accuracy, completeness, and applicability of all Content and for users access of any Content. Subject to user’s compliance with this Terms of Use, user may access the Content solely for users own personal, noncommercial use in connection with user’s use and access of the Site. User may not distribute or publicly display or publicly perform, as applicable, any portion of the Content. User must maintain in place all copyright, trademark, and other proprietary rights notices contained on or in any copies of any Content. User is granted no other right to access or use the Site or any Content and user may not access or use the Site or any Content for any other purpose, except as may be permitted by applicable law, rule or regulation.

As an express condition to accessing or using the Site or any Content, the user may not, and will not permit any third party to: (1) access or attempt to access the Site or Content except as expressly provided in this Terms of Use; (2) access the Site or the Content in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site; (3) use automated scripts to collect Content from or otherwise interact with the Site; (4) alter, modify, publish, transmit, reproduce, create derivative works from the Site or the Content; (5) distribute, perform, display, sell, resell, lend, loan, lease, license, sublicense, transfer, or in any way exploit or make available any of the Content or the Site, in whole or in part. Portions of the Site and Content consisting of downloadable software may not be reverse engineered, disassembled, or decompiled unless specifically authorized by eXtension or the owner of the software’s patent and/or copyright. The user also agrees not to circumvent, disable or otherwise interfere with any security-related features of the Site or the Content, including features that prevent or restrict use or copying or that enforces limitations on access to the Site or the Content.

All trademarks, logos, and service marks displayed on the Site are the sole and exclusive property of eXtension or its third party licensors or suppliers. User is not permitted to use these trademarks, logos, and service marks of eXtension or its licensors or suppliers without eXtension’s prior written consent or the consent of such third party which may own the trademark, logo, or service mark.

Creative Commons Access

eXtension Foundation has made available certain material on the Site under the terms of the Creative Commons license. Material licensed under Creative Commons is expressly identified by the Creative Commons icon:

For specific rights and information, visit http://creativecommons.org/licenses/by-nc-sa/2.5/.

The user must use this material in accordance with the applicable Creative Commons license and consistent with its context, including accurately reflecting its context. The user may use this material for non-commercial purposes only. For reuse or distribution, the user must make clear to others the license terms of this material. Any of these conditions can be waived if the user obtains permission from the copyright holder.

Other Users of the Site

The Site may allow user to link, connect, or otherwise communicate with other users through the Site. By linking, connecting, or communicating with other users, user is agreeing to allow those other users to communicate directly with user through the Site. User agrees that user is solely responsible for all communications between user and any other user through the Site. User’s extension or acceptance of a link, connection, or other communication with any other user will serve as user’s affirmative “opt in” to the disclosure of any of user’s Content or other data or information (which may include user’s personally identifiable information) that user provides to that other user.

Expanded Use

Expanded access to or use of the Site and any Content may be granted by contacting eXtension’s Copyright Agent (listed below) and receiving prior written approval by the eXtension Foundation Board of Directors or its designee. Use will not make any expanded use of the Site or any Content without receiving such approval.

Equitable Relief

User agrees that the eXtension Foundation has expended significant monetary resources to develop the Site and Content and that monetary damages would be inadequate to compensate eXtension Foundation for any violation of this Terms of Use. Accordingly, user agrees and acknowledges that any such violation or threatened violation will cause irreparable injury to eXtension Foundation and that, in addition to any other remedies that may be available, at law, in equity, or otherwise, eXtension Foundation shall be entitled to obtain injunctive relief against the actual or threatened violation of this Terms of Use or the continuation of any such violation by user without the necessity of posting a bond or proving actual damages to eXtension.

Inaccuracy Disclaimer

The Content on the Site could include technical inaccuracies, typographical errors, or omissions. eXtension Foundation reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.

Liability of eXtension Foundation and its Licensors

User’s access to the Site and the Content herein is at the user’s own risk.

When accessing the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of eXtension Foundation and its suppliers. Accordingly, eXtension Foundation assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with access to the Site.

THE EXTENSION FOUNDATION SITE, CONTENT, AND PUBLIC AREAS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXTENSION FOUNDATION, ITS LICENSORS, ITS SUBCONTRACTORS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, EXTENSION FOUNDATION, ITS LICENSORS, ITS SUBCONTRACTORS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:

  1. The accuracy, reliability, completeness, state of the art or science, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the Site.
  2. The satisfaction of any government regulations requiring disclosure of information or compliance of any software tools with regard to the Content contained on the Site.

eXtension foundation WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE or access to the site or the content, EVEN IF extension foundation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USER’s CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS OR SERVICES. extension foundation’s TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS Terms of Use, the site, and the content PROVIDED UNDER THIS Terms of Use OR THROUGH THE Site, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $100 OR, IN THE CASE OF ANY PURCHASES User MAKEs THROUGH THE Site, THE AMOUNTS PAID BY user TO extension foundation FOR THOSE PURCHASES. user AGREE THAT extension foundation WOULD NOT ENTER INTO THIS terms of use WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, extension foundation’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity

User hereby agree to indemnify, defend, and hold harmless eXtension Foundation and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising in any manner from: (1) user’s use or access to the Site or the Content; (2) user’s Content or any use or access to user’s Content by eXtension Foundation or any other user; (3) user’s violation of any applicable law, rule, or regulation; and (4) user’s breach of any representation, warranty, or other provision of this Terms of Use. eXtension Foundation will use reasonable efforts to provide user with notice of any such claim or allegation, and eXtension Foundation will have the right to participate in the defense of any such claim at its expense.

Children’s Privacy

eXtension Foundation is committed to protecting the privacy of children. eXtension is dedicated to safeguarding any personal information collected online and to helping parents and children have positive experiences on the Internet. Consistent with the Children’s Online Privacy Protection Act of 1998, eXtension will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent.

Parents can revoke their consent and ask that information about their children be deleted from the Site by contacting eXtension offices via email. To do this or to review personal information collected from children, eXtension must verify the identity of the requesting parent. When a parent revokes consent, eXtension will stop collecting, using, or disclosing information from the child. To respect the privacy of parents, information collected and used for the sole purpose of obtaining verifiable parental consent or providing notice is not maintained in a retrievable form by the site if parental consent is not obtained after a reasonable time.

Public Areas

If the user accesses a Public Area, the user is solely responsible for his or her own communications, the consequences of posting those communications and reliance on any communications found in the Public Areas. eXtension Foundation and its licensors, its subcontractors and suppliers are not responsible for the consequences of any communications in the Public Areas. In cases where the user feels threatened or believes someone is in danger, the user should contact local law enforcement agency immediately.

In consideration of being allowed to access the Site and Public Areas, the user agrees that the following actions shall constitute a material breach of this Terms of Use:

  1. Accessing the Site or Public Areas for any purpose in violation of local, state, national or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, slanderous, obscene, defamatory, threatening, harassing, or abusive to any other person or entity as subjectively determined by eXtension Foundation ;
  4. Posting advertisements or solicitations of business;
  5. Disrupting the normal flow of dialogue or posting comments that are not related to the topic being discussed after receiving a warning to discontinue;
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person or accessing the Site or a Public Area on behalf of any third party;
  8. Distributing viruses or other harmful computer code;
  9. Collecting information about others, including email addresses, without their consent;
  10. Allowing any other person or entity to use the user’s Account or Account ID for posting or viewing comments;
  11. Posting the same note more than once or “spamming”;
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Areas or the Site, or which, in the judgment of eXtension Foundation, exposes, eXtension Foundation or any of its customers or suppliers to any liability or detriment of any type; or
  13. Introducing unauthorized software, automated or aggregating agents or scripts to the Site, Content, or Public Areas so as to produce multiple accounts, generate automated searches, requests, and queries, or to strip, scrape, or mine data from the Site.

eXtension Foundation reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public chat rooms;
  2. Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication;
  3. Remove communications or submissions which are abusive, illegal, or disruptive, or that otherwise fail to conform to this Terms of Use;
  4. Suspend or terminate a user’s access to any or all Public Areas and/or the Site upon any breach of this Terms of Use;
  5. Monitor, edit, or disclose any communication in the Public Areas; and
  6. Edit or delete any communication or submission posted on the Site, regardless of whether such communication or submission violates these standards. eXtension Foundation or its licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities or to make available any portion of the Site or Public Areas.

User’s Content

User is solely responsible for all Content that user may provide or upload to the Site or otherwise generate through user’s use of or access to the Site. As between user and eXtension Foundation, user retains ownership of user’s Content. However, subject to any limitations included in the Privacy Policy, user grants eXtension Foundation a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable (including, without limitation, to other users and other third parties through multiple tiers of sublicenses) right to use, copy, store, reproduce, modify, adapt, publish, translate, create derivative works from, sell, offer for sale, distribute, and display (“Use”) user’s Content, in any media or medium, or any form, format, or forum now known or hereafter developed, for any Use to provide the Site, to make improvements to the Site, or in connection with any other purpose described on the Site. User represent and warrant that none of user’s Content or the use of user’s Content by eXtension Foundation: (1) violates this Terms of Use, the Privacy Policy, or any requirements under applicable laws, rules, or regulations; (2) is libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (3) constitutes an infringement, misappropriation or violation of the intellectual property or proprietary rights of any third party; (4) is illegal in any way or advocates illegal activity; (5) is an advertisement or solicitation of funds, goods, or services (unless user has entered into a separate advertiser agreement with eXtension Foundation); (6) is false, misleading or inaccurate; (7) is or could be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message or disruptive advertisement; or (8) constitutes the unauthorized practice of medicine, law, therapy, or other professional service. eXtension Foundation is not responsible or liable for any deletion, correction, destruction, damage, loss or failure to store, restore, or back-up any of user’s Content. User agrees that user has all right, title, interest, and consent in user’s Content necessary to allow eXtension Foundation to Use user’s Content as set forth in the rights and licenses user grants to eXtension Foundation under this Terms of Use.

Account

User may be required to establish an account on the Site (an “Account”) to access certain Content, Public Areas, and other features of the Site. Each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. Each Account is for user personal, non-commercial access to the Site in accordance with this Terms of Use and each Account ID may not be used by or on behalf of any third party. User is fully responsible for all liabilities and damages incurred through the use of user’s Account ID (whether lawful or unlawful) and that any transactions completed through user’s Account or with user’s Account ID will be deemed to have been lawfully completed by user. It is the user’s sole responsibility to (1) control the dissemination and use of user’s Account ID; (2) authorize, monitor, and control access to and use of user’s Account ID; (3) promptly inform eXtension Foundation of any need to deactivate user’s Account ID; and (4) assist eXtension Foundation in remedying any unauthorized action that results from the use of user’s Account ID. The user grants eXtension Foundation and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use the user’s Account and Account ID in connection with the operation of the Site. In connection with establishing and accessing user’s Account, user may be asked to submit certain information (“Registration Information”). User agrees that: (a) all Registration Information user provides will be accurate, true, and complete; and (b) user will maintain and promptly update user’s Registration Information to keep it accurate and current.

Suspension and Termination

eXtension Foundation may suspend or permanently terminate a user’s access to user’s Account or Account ID, or user’s access to the Site or any Content, with or without notice to user, upon any actual, threatened, or suspected violation of this Terms of Use or applicable local, state, national, or international law, or upon any other conduct deemed by eXtension Foundation, in its sole discretion, to be inappropriate or detrimental to the Site, Content, Public Areas, eXtension Foundation, any other user, or third party.

Subscription Services

If the user chooses to subscribe to one of eXtension Foundation’s subscription services, the following additional terms and conditions will apply depending on which service is chosen. The user should be aware that the eXtension Foundation subscription services are not intended or designed to attract children under the age of 18.

Information the User Submits: The user is using the subscription services at his or her own risk and is personally responsible for verifying its suitability for the user’s needs.

Charges and Billing: The user is responsible for providing a valid credit card number at the time of registration for a subscription service. The user represents and warrants that he or she is an authorized user of such credit card, and the user agrees to pay all charges resulting from the subscription service account at the prices then in effect, including any unauthorized charges incurred prior to notifying eXtension Foundation of such charges. The user agrees that eXtension Foundation may pass the credit card information and related personally identifiable information to its designated service provider(s) for their user in charging the user for appropriate services utilized through the subscription service. All subscription service charges are exclusive of sales or other taxes and the user is responsible for payment of any applicable state, local, and city taxes. eXtension Foundation reserves the right to modify or terminate membership plans, change prices, or institute new charges for any subscription service at any time with at least thirty (30) days’ notice.

Searches, Advertisements, and Links to Other Sites

eXtension Foundation may provide links to third-party websites that are not under the control of eXtension Foundation. eXtension Foundation does not recommend and does not endorse the content on any third-party websites accessible through any links on the Site. eXtension Foundation is also not responsible for the content of linked third-party websites, websites framed within the Site, third-party websites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Use of third-party websites is at the user’s own risk and subject to the terms and conditions of use for such websites. eXtension Foundation does not endorse any third-party product or service advertised on the Site.

Equal Employement Opportunity (EEO) Statement

Educational programs of the eXtension Foundation serve all people regardless of race, color, age, sex, religion, disability, national origin, or sexual orientation. eXtension Foundation is a partnership of the nation’s land-grant colleges and universities, the United States Department of Agriculture National Institute of Food and Agriculture (NIFA) and the National Association of Public and Land-grant Universities (APLU).

General

eXtension Foundation is a Missouri nonprofit corporation, in the United States of America. eXtension Foundation makes no claims that Site or its Content is appropriate or may be downloaded outside of the United States. Access to the Site and Content may not be legal by certain persons or in certain countries. If the user accesses the Site from outside the United States or exports Content or information obtained from the Site from the United States, the user does so at his or her own risk and is responsible for compliance with the laws of the user’s jurisdiction.

The following provisions survive the suspension or termination of user’s access to user’s Account or Account ID, or user’s access to the Site or any Content for any reason whatsoever: Liability, Indemnity, User Submissions, Jurisdiction, and Complete Agreement, and any other provision contained in this Terms of Use that by their sense and context are intended to survive the suspension or termination of this Terms of Use.

Jurisdiction

The user expressly agrees that exclusive jurisdiction for any dispute with eXtension Foundation, or in any way relating to access to the Site, resides in the courts of the State of Missouri and further agrees and expressly consents to the exercise of personal jurisdiction in the courts of the State of Missouri in connection with any such dispute, including any claim involving eXtension Foundation or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and Content providers. This Terms of Use is governed by the internal substantive laws of the State of Missouri, without respect to its conflict of laws principles.

For all parties, if any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any of this Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Take Down Procedures

If the user believes any materials accessible on or from the Site infringes his or her copyright, the user may request removal of those materials (or access thereto) from the Site by contacting eXtension’s Copyright Agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that the user believes to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) or an authorized version of the work;
  2. Identification of the material that the user believes to be infringing and its location. Please describe the material and provide the URL or any other pertinent information that will allow eXtension Foundation to locate the material;
  3. The user’s name, address, telephone number, and email address;
  4. A statement that the user has a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information that the user has supplied is accurate, and indicated that “under penalty of perjury,” the user is the copyright owner or are authorized to act on the copyright owner’s behalf; and
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Copyright Agent

eXtension Foundation’s agent for copyright issues relating to this Site or any Content is as follows:

eXtension Foundation
c/o Bryan Cave LLP
One Kansas City Place
1200 Main Street, Suite 3800
Kansas City, MO 64105-2122
copyright@eXtension.org

Complete Agreement

Except as expressly provided in a particular “legal notice” on the Site, this Terms of Use and the Privacy Policy constitute the entire agreement between the user and eXtension Foundation with respect to the access to the Site, Content, and Public Areas. eXtension Foundation hopes the Site is helpful and convenient to use. Questions or comments regarding the Site, including any reports of non-functioning links, should be submitted using the Contact Us links or via U.S. mail to eXtension Foundation, c/o Bryan Cave LLP, One Kansas City Place, 1200 Main Street, Suite 3800, Kansas City, MO 64105-2122. Although unable to always do so, eXtension tries to answer every email in a timely manner.