TERMS AND CONDITIONS OF USE
Read These Terms And Conditions Of Use Before Using The Website.
These Terms and Conditions of Use (“Terms and Conditions”) set forth the standards of use for the website of the Stone Barns Center for Food & Agriculture (“Stone Barns Center”), stonebarnscenter.org (the “Site”). By using the Site, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you are not authorized to use the Site, and must immediately cease all usage of the Site.
Scope of Use
This Site may be used as a shopping, information, and entertainment resource only. Any other use is strictly prohibited.
This Site and any portion of this Site may not be reproduced, modified, duplicated, copied, displayed, performed, distributed, transmitted, sold, or otherwise exploited for any purpose, commercial or otherwise, that is not expressly permitted, in writing, by Stone Barns Center.
Intellectual Property Protection
All content included on this Site, such as any design, text, graphics, logos, button icons, images and the selection and arrangements thereof, and all audio and video clips and software (collectively, the “Content”) is the property of either Stone Barns Center or its suppliers, who have granted to Stone Barns Center the right and the express or implied license to use such Content. Such Content is protected by U.S. and international intellectual property laws, including, but not limited to, U.S. and international copyright law. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is also the exclusive property of Stone Barns Center and is protected by US and international intellectual property laws, including, but not limited to, U.S. and international copyright law.
“Stone Barns Center for Food & Agriculture” is a registered trademark in the U.S., Registration No. 3130735, and may also be registered in other countries. Stone Barns Center also owns unregistered trademark rights in its graphics, layouts, logos, and service names. The suppliers of Stone Barns Center also own trademarks for which they have granted to Stone Barns Center an explicit or implied right of use. The registered and unregistered trademarks of Stone Barns Center and its suppliers may not be used in connection with any product or service that is not the property of Stone Barns Center, or in any manner that is likely to cause confusion among consumers and the customers of Stone Barns Center or its suppliers, or in any manner that disparages or discredits Stone Barns Center or its suppliers.
When you use our Site or send e-mails or messages via our webform, from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, notices, and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.
Notice of Disclaimers
THE INFORMATION, SERVICES, PRODUCTS, AND MERCHANDISE CONTAINED IN, AND AVAILABLE ON, THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED BY STONE BARNS CENTER ON AN “AS IS” BASIS WITH NO WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
STONE BARNS CENTER DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND/OR MERCHANDISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AND MERCHANDISE INCLUDED ON THIS SITE INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION ACQUIRED VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IN ACCESSING THIS SITE, YOU ARE ASSUMING THE RISK OF RELYING ON OR OTHERWISE USING THIS SITE AND ANY INFORMATION CONTAINED ON THIS SITE.
Limitation on Liability
STONE BARNS CENTER AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS, AFFILIATES, JOINT VENTURES, SUCCESSORS AND ANY OTHER ENTITIES UNDER COMMON CONTROL WITH US, ANY INDEPENDENT CONTRACTORS, AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “STONE BARNS PARTIES”) SHALL, TO THE FULLEST EXTENT PERMITTED BY LAW, HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND, EVEN IF THE STONE BARNS PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE, ITS INFORMATION, SERVICES, PRODUCTS, AND MERCHANDISE AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH STONE BARNS PARTIES, ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY, OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID STONE BARN PARTIES IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE EVENT(S) GIVING RISE TO SUCH CLAIM.
Dispute Resolution and Agreement to Individual Arbitration
EXCEPT FOR A CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND STONE BARNS PARTIES AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Governing Law. For purposes of this section, these Terms and Conditions and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (“FAA”). To the extent state law applies to any portion of a proceeding brought by you or us, the applicable law will be the law of the state of your residence, as determined based on your shipping address on file with Stone Barns Center.
Fees and Costs. Except for a demand determined by an arbitrator or court to be frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process below, Stone Barns Centerwill pay the filing fees for both parties. The AAA consumer rules will otherwise apply to determine the costs and expenses due from each party. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Stone Barns Center will pay as much of your attorneys’ fees and costs and expenses in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar individual arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to AAA or another arbitration provider (if AAA is unavailable) against Stone Barns Center within a 90-day period (or in otherwise close proximity), the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. You agree to cooperate in good faith with Stone Barns Center and AAA to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind.
Location. At your election, the arbitration will take place in the county in which you reside or, if you choose, by telephone, video conference, or based on the parties’ written submissions.
Required Pre-Arbitration Dispute Resolution. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. Stone Barns Center will provide such notice by e-mail to your e-mail address on file with Stone Barns Center and you must provide such notice by e-mail to [INSERT EMAIL ADDRESS]. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. This provision is a precondition to any arbitration demand, and any party making an arbitration demand must certify that it has complied with the requirement when filing an arbitration demand and AAA may not accept any demand without this certification.
CLASS ACTION WAIVER. STONE BARNS PARTIES AND YOU AGREE THAT ANY COVERED DISPUTE HEREUNDER WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY (EXCEPT AS SET FORTH IN THE “BATCH ARBITRATION” PROVISION DESCRIBED ABOVE). NEITHER STONE BARNS PARTIES NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY ACTION AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS (EXCEPT AS SET FORTH IN THE “BATCH ARBITRATION” PROVISION DESCRIBED ABOVE). If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
Miscellaneous. Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that if Stone Barns Center makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) for which you had already provided notice to Stone Barns Parties. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in the Southern District of New York to resolve such claims.
Third Party Links
The Site may provide links to third-party websites (“Linked Sites”). The Linked Sites are not under the control of Stone Barns Center. Stone Barns Center is not responsible for the contents of the Linked Sites, nor any link contained in a Linked Site. Stone Barns Center is providing these links only as a convenience to you, and the inclusion of a link does not imply any endorsement, authorization or sponsorship by Stone Barns Center of the Linked Sites, nor is there necessarily any affiliation between Stone Barns Center and such Linked Sites or the sponsors of such Linked Sites. Such Linked Sites and the sponsors of such Linked Sites do not necessarily endorse, authorize or sponsor this Site. You understand and agree that you will use or rely on such Linked Sites solely at your own risk. Stone Barns Center does not grant to you any rights in respect of such Linked Sites and Stone Barns Center shall not be liable to you for any action or claims arising from or related to such Linked Sites. In using such Linked Sites, customers should also be aware that each Linked Site will vary in terms of its general policies and data production policies. Stone Barns Center does not take any responsibility for the privacy policies of, and usage of personal information collected by, other websites.
You acknowledge that the Stone Barns Center is not responsible for the availability of, or the content located or provided by any Linked Site. You should contact the site administrator or webmaster for those Linked Sites if you have any concerns regarding such links or the content located on such Linked Sites. Any of the foregoing limitations or restrictions on liability shall only apply to the extent permitted by applicable law.
Stone Barns Center is located in the State of New York, USA. As such, by using this Site, you agree that the laws of the State of New York will govern these disclaimers and Terms and Conditions, without giving effect to any principles of conflicts of laws. You further agree that any action in law or equity arising out of or relating to these disclaimers and Terms and Conditions shall be filed only in the state or federal court located in the Southern District of New York. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these disclaimers and Terms and Conditions. Stone Barns Center reserves the right to make changes to stonebarnscenter.org and these disclaimers and Terms and Conditions at any time.
Compliance with Laws
By using this Site, you assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Stone Barns Center reserves the right, at any time, to modify, alter, or update the Terms and Conditions without prior notice. You agree to be bound by such modifications, alterations, or updates (collectively, “amendments”). Any amendments shall become effective immediately upon being posted to the Site. Your continued use of the Site after the amendments are posted constitutes an acknowledgement and acceptance of the Terms and Conditions and of the amendments. Except as provided in this paragraph, these Terms and Conditions may not be amended.
Term and Termination
Subject to this Section, these Terms and Conditions will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site or (b) terminate the Terms, at any time for any reason at our sole discretion, including for any use of the Site in violation of the Terms or if we believe you are younger than 18. Stone Barns Center will not have any liability whatsoever to you for any termination of these Terms and Conditions.
The provisions herein related to our intellectual property rights, User Content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and dispute resolution, including individual arbitration together with any other rights and obligations which by their nature are reasonably intended to survive such termination, including the end of any other aspect of the relationship between you and Stone Barns Center, including your decision to stop purchasing from Stone Barns Centeror the cancellation or end of any participation in any service, program, or promotion offered by Stone Barns Center, will survive any termination of these Terms and Conditions.
Respect for Copyright Law—Digital Millennium Copyright Act (“DMCA”)
Stone Barns Center respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of Stone Barns Center’s Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to products displayed on Site. In connection with our Site, products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
You may submit your counter notification to Stone Barns Center’s Copyright Agent by mail or email as set forth below:
Stone Barns DCMA Copyright Agent
630 Bedford Rd.
Pocantico Hill, NY 10591
If any provision of these disclaimers or Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these disclaimers and Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provision. The remaining provisions (and any partially enforceable provision) shall remain valid and enforceable to the maximum possible extent.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means including without limitation.
You agree that these Terms and Conditions and any other agreements referenced herein may be assigned by Stone Barns Center, in our sole discretion, to a third party in the event of a merger or acquisition.
These Terms and Conditions shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your use of the Site.
When you purchase products or use any other service provided by Stone Barns Center, you will be subject to any additional rules, guidelines, policies, notices, terms and conditions of use applicable to such product or service.
Stone Barns Center
c/o Laura Perozo
630 Bedford Rd.
Pocantico Hills, NY 10591
Effective Date: These Terms and Conditions of Use were last updated on February 22, 2023.