Terms of Service
Welcome to the Co-op Member-Owner Forums, owned and operated by Franklin Community Co-operative (“the co-operative”) By using the Co-op Member-Owners Forums (the “forums”), you accept and agree to be bound by the following terms and conditions (the “Terms of Service”). Nothing in the Terms of Service should be construed to confer any rights to third party beneficiaries. The forums are offered as a service to the member-owners of the co-operative for the purpose of supporting communication between co-operative governance, co-operative staff, and the member-owners of the co-operative. These Terms of Service constitute the entire agreement between you and the co-operative with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
Changes to Terms of Service
The Terms of Service of this service are subject to update by the co-operative at any time with or without notice
You understand that all data, text, information, links and other content (collectively, “content”), is the sole responsibility of the person from which such content originated. This means that you, and not the co-operative, are entirely responsible for all content that you publish, post, upload, distribute, disseminate or otherwise transmit (collectively, “post”) via the forums. You understand that by using the forums, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the co-operative be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted via the forums. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You agree that you are responsible for your own conduct and communications while using the forums and for any consequences thereof. You agree to use the forums only to send and receive messages and material that are legal and proper. By way of example, and not as a limitation, you agree that when using the forums, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- share content labeled as confidential outside of the group of owners of the co-operative
- post any inappropriate, defamatory, infringing, obscene, or unlawful content;
- post any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party unless you are the owner of the rights or have the permission of the owner to post such content;
- post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements
- impersonate another person or entity
- restrict or inhibit any other user from using and enjoying the forums;
- use the forums for any illegal or unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by the co-operative;
- create user accounts under false or fraudulent pretenses;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
While the co-operative prohibits such conduct and content in connection with the member forums, you understand and agree that you nonetheless may be exposed to such conduct and/or content and that you use the forums at your own risk.
Links to other World Wide Web sites or resources may from time to time appear on the forums. Because the co-operative has no control over such sites and resources, you acknowledge and agree that the co-operative is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that the co-operative shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such site or resource.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify the co-operative from and against any third party claim arising from or in any way related to your use of the forums, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, the co-operative will provide you with written notice of such claim, suit or action.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE CO-OPERATIVE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE FORUMS, WHETHER OR NOT THE CO-OPERATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE FORUMS, FROM INABILITY TO USE THE FORUMS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE FORUMS, AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
Term and Termination
These Terms of Service will apply to your use of the forums. You may terminate your use of the forums immediately at any time, for any reason. We may terminate your use of the forums immediately at any time, for any violation of these terms or any other reason deemed reasonable by the co-operative, and at such time you will have no right to use the forums. Violation of these terms may also result in loss of membership in the co-operative. Our indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.
The co-operative may provide you with notices regarding the forums or these Terms of Service by email or postings to this web site.