Terms of Use

Hearth and Field – Terms of Use

Welcome to the Hearth & Field website. Please read these terms of service carefully. They contain important information regarding your legal rights, remedies, and obligations as well as the conditions of use on this site.

1. REVISION DATE

These Terms of Service were last revised on August 15th, 2020.

2. ACCEPTANCE OF TERMS

Hearth & Field, LLC (H&F) is a Wisconsin Limited Liability Company, and provides this website subject to the following Terms of Use (TOU). By registering with or by using the HearthAndField.com site (the “Site”), you agree to be bound by these TOU.

The TOU may be revised from time to time. As indicated by the Revision Date above. Your continued use of the Site constitutes your agreement to all terms of the most recent TOU.  

Hearth & Field reserves the right to refuse access to the Site or to any other service or product provided, without notice, at any time, and for any reason.

3. PROVISION AND MAINTENANCE OF SERVICE

The Site may include software, services, content, and advertising provided by third party vendors. Some of the content of the Site is provided by users who submit or post content on the Site in various formats. In addition, the Site may include advertising placed by advertisers and ad networks. H&F takes no responsibility for such content. 

You understand and agree that the Site is provided to you on an AS IS and AS AVAILABLE basis. H&F disclaims all responsibility for the availability, timeliness, security, or reliability of the Site or any feature or software included in the Site. H&F also disclaims all responsibility for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with the Site. You agree that the H&F shall not be liable for any such faults.

H&F reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that H&F will not be liable for any modification, suspension, interruption, or discontinuance of the Site.

4. REGISTRATION AND ACCOUNT CREATION

Certain features of the Site may require you to register and create a user profile as part of the registration process. In consideration of your use of the Site, you agree to provide accurate, current, and complete information, and to promptly update the information you provide in connection with creating or maintaining your account, in order to keep it accurate, current, and complete. (If any of your registration or account information changes, you can update it by using the “Edit” tab on your Profile Page.) 

All registration information is collected and retained in accordance with our privacy policy available here.

You also agree that if applicable you will maintain the security of your password, that you will be responsible for all use of your account, and that you will notify the H&F immediately of any breach of security or unauthorized use of your account. You agree that you will not register for more than one account, register for an account on behalf of anyone other than yourself, or use another’s account without permission.

5. USE OF THE SITE

H&F grants you permission to access and use the Site as set forth in these TOU, and in exchange you agree as follows:

  • You will access and use the Site solely for personal use;
  • You will not use the Site in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden, or impair the Site, or in any manner inconsistent with these TOU;
  • You will not defeat or interfere with any security feature of the Site, or attempt to do so;
  • You will not alter or modify any content or component of the Site, other than content you have submitted to or posted on the Site;
  • You will not reproduce, duplicate, copy, sell, trade, resell, or exploit, for any commercial purpose, any content, component, or feature of the Site without the prior written permission of the H&F, except for content you have submitted to or posted on the Site, or content which you have the prior written permission of the owner to use;
  • You will not use any automated system, software, or device to generate and send unsolicited communications to or through the Site; 
  • You will not collect or harvest any personally identifiable information, including without limitation account names or email addresses, from the Site, nor use the communication systems provided by the Site for purposes of sending any commercial solicitation;
  • You will not upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code designed to interfere with the functionality of or obtain any nonpublic information from any computer software or hardware or telecommunications equipment; and
  • You will not harass or intimidate any staff, contributor, author and/or any other user of the Site. 

6. YOUR CONDUCT AND USE OF THE SITE

You acknowledge that you are solely responsible for  content that you post, publish, upload, or display on the Site, or transmit to or share with others using the Site (collectively “User Content”), and for the consequences of posting, publishing, uploading, displaying, or sharing any User Content.

You understand and agree that any User Content you submit or post on the Site is intended to and generally will be made public, and that once made public User Content cannot be made private again. You consent to the public dissemination of all User Content you submit or post using the Site. However, the Foundation will generally not make your email address public, even if you choose to allow other users to contact you through your Profile Page. Your email address will not be considered User Content unless you make it publicly available on the site.

You agree that you will not use the Site to post, transmit, or share User Content that you did not create or that you do not have permission to post, transmit, or share. You affirm that you own or have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions to User Content you provide that are needed to use and to authorize the Foundation to use that User Content in the manner described in these TOS. By submitting or posting User Content, you warrant that it does not infringe any intellectual property rights of another person.

You agree that you will not use the Site to post, transmit, or share child pornography. The use of the Site to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account.

You agree that you will not use the Site to post, transmit, or share User Content that is obscene, defamatory, or invasive of the privacy of another person, graphically violent, physically threatening, intended for any illegal purpose, or otherwise inappropriate on a site intended for a general audience. By submitting or posting User Content, you warrant that it is not obscene, defamatory, or invasive of the privacy of any other person, or otherwise illegal.

You agree that you will not use the Site to promote any product or service on behalf of any person or entity that sells, provides, or offers the product or service.

7. RIGHTS TO AND USE OF CONTENT ON THE SITE

Except for User Content, all content and components of the Site (“Heath and Field Content”), including without limitation, the software, text, photos, video and audio content, graphics, and features, and all trademarks, service marks, and logos contained therein, are owned by or licensed to H&F, subject to any copyrights or other intellectual property rights held by others pursuant to law.  H&F reserves all rights to the content published online, in print or otherwsie and any other component or content of the Site not expressly granted to you by these TOU.

By submitting or posting User Content to the Site, you grant H&F an irrevocable, perpetual, nonexclusive, transferable, fully paid, worldwide license to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute the User Content in or through any medium now known or hereafter invented, for any purpose; (2) to prepare derivative works using the User Content, or to incorporate it into other works, for any purpose; and (3) to grant and authorize sublicenses of any or all of the foregoing rights.   

When you post User Content to the Site, you also authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting, maintenance, and storage of the User Content on the Site.

8. OBJECTIONABLE, DANGEROUS OR HARMFUL CONTENT

The Site may include material that some find objectionable. Other content may be dangerous or describe actions, projects, or advice that are intended for experienced professionals. In some cases, the Site may include content that has been mislabeled or is otherwise deceptive for editorial purposes. Please use caution and common sense and exercise proper judgment when using Hearthandfield.com. While H&F stands by the standards of journalistic integrity, and publishes articles by seasoned homesteaders and farmers, it does not warrant or guarantee the safety of all the content it publishes or of any content appearing on the Site at the direction of others. H&F supports the positions and insights of our community of authors but does not endorse any opinions expressed by others on the Site. You acknowledge that any reliance on material appearing on the Site will be at your own risk.

H&F will not routinely review, or revise content submitted to or posted on the Site by others. However, H&F may read any such content, and reserves the right to refuse to distribute any such content, to remove any content from the Site, or to edit any content, in its sole discretion.

If you find content appearing on the Site that you believe violates these TOU, or that is offensive or otherwise objectionable, you may inform the editors of H&F. Be sure to type “Feedback” in the subject line.  We may remove the content if, in our judgment, it is inappropriate, inaccurate, or negligent. However, please understand that deciding whether content is inappropriate is a judgment call, and that H&F is not legally responsible for content that it does not originate. Neither is H&F legally responsible for keeping content that it deems inappropriate off of the Site.

H&F reserves the right to access, read, preserve, and disclose any information it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process, or governmental request; (2) enforce these TOU, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security, or technical issues; (4) respond to user support requests; or (5) protect the rights, property, or safety of the Foundation, its users, or the public. You agree that H&F will not be liable for exercising or failing to exercise any of these rights.

9. USE, PROMOTION, AND DISTRIBUTION OF CONTENT

You understand and agree that you will receive no compensation from H&F for any User Content you submit to or post on the Site.

By submitting User Content to the H&F or posting it on the Site, you agree as follows:

  • User Content you submit to or post on the Site may be organized, arranged, formatted, categorized, designated, displayed, and edited as the Foundation determines, in its sole discretion.
  • H&F, at its discretion, may place your User Content in a location or locations of its choosing on the Site, and may apply designations currently existing or created in the future to your User Content. You will have no claim for compensation or any other remedy based on the location or designation of User Content you submit.
  • H&F, at its discretion, may modify your User Content as described in these TOU. H&F will not be responsible for any claims arising from modifications that do not substantially change the meaning of the content, add new and different meanings, or result in the addition of new material that give rise to a claim. 
  • Submissions for published articles are subject to additional agreements as set forth in the Author Submission Guidelines.

10. OTHER INTELLECTUAL PROPERTY RIGHTS

The H&F logos and product or service names are trademarks and are protected in accordance to U.S. law. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.

11. SPONSORS, ADVERTISERS, AND THIRD PARTIES

The Site may contain links to sponsor, advertiser, or other third-party websites that are not owned or controlled by H&F. While H&F is selective of what material is promoted and provided to readers, inclusion of, linking to, or permitting the use or installation of any third-party site, applications, software, content, or advertising does not imply approval or endorsement thereof by H&F. H&F has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. 

Your correspondence or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found on or through the Site, are solely between you and such third parties. You agree that H&F shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties, or advertisers on the Site.

12. PRIVACY

As a condition of using the Site, you agree to the terms of the H&F Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that H&F may access or disclose your personal information, including the content of your communications, if we are required to do so in order to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory authorization), or as otherwise provided in these TOU or the H&F Privacy Policy.

13. COPYRIGHT

H&F respects the intellectual property rights of others and protects the intellectual property of our authors. We prohibit users from uploading, posting, or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millennium Copyright Act (17 U.S.C. § 512, the “DMCA”), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers. 

If you are a copyright owner or an agent thereof and you believe that any content on the Site infringes upon your copyrights, you may submit a notice by writing our editor designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. – 512(c)(2), named below:

  • Your address, telephone number, and e-mail address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

14. TERMINATION

You may terminate your use of or participation in the Site at any time. Promptly after your termination, we will remove any personal information stored. However, comments or other content you have submitted to or posted on the Site may remain there. In addition, the rights granted to H&F with respect to User Content or other information you have submitted to the H&F or posted on the Site will survive the termination of your use or participation.

H&F may, in its sole discretion, terminate your account, delete your profile and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site, at any time, with or without notice, for any reason, including but not limited to violation of these TOU.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. H&F EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

In particular, and without limitation, H&F makes no warranty that (1) the Site will meet your requirements; (2) the Site will be uninterrupted, timely, secure, or error free; (3) the results that may be obtained from the use of the Site will be accurate or reliable; (4) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations; (5) any errors in the contents or components of the Site will be corrected; or (6) that the Site is free of viruses or other harmful components.

No advice or information, oral or written, obtained by you from H&F shall create any warranty not expressly stated in these TOU.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE H&F SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE.

In particular, and without limitation, H&F will have no liability for damages arising from (1) accessing, downloading, or otherwise obtaining any content or component of the Site, even if it results in the inadvertent transfer of harmful computer code, such as viruses, malware, or spyware; (2) unauthorized access to or disclosure or alteration of your transmissions or data; (3) statements or conduct of any third party on the Site; or (4) as otherwise provided in these TOS.

19. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.

20 . INDEMNIFICATION

You agree to hold harmless and indemnify the H&F, and its affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Site, 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. arising out of the use by you of H&F sites and/or user posts in community areas.

21. GENERAL SEVERABILITY

If any provision of the TOU is found to be invalid or unenforceable, the parties agree that the provision will be enforced to the maximum extent permissible, the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. 

CHOICE OF LAW

The agreement created by these TOU, and any dispute arising from or relating to these TOU or the provision or use of the Site, will be governed by the laws of the State of Wisconsin, without giving effect to its conflict of laws provisions.

ARBITRATION AND VENUE

The parties hereby expressly waive trial by jury in any action, proceeding, or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or related to these TOU or the provision or use of the Site (“Claim”). The parties agree to submit any Claim to binding arbitration, to be held in Madison, Wisconsin. In the event any Claim is mutually agreed by the parties or deemed by a court not to be subject to arbitration, it will be submitted to the state or federal courts sitting in Madison, Wisconsin, and the parties agree that they are and will be subject to the personal jurisdiction of those courts.

NONWAIVER

The failure of H&F to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.  

LIMITATION OF LEGAL ACTIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the TOU, or the provision or use of the Site, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT

These TOU, together with our Privacy Policy, constitute the entire agreement between you and H&F and govern your use of the Site, superseding any prior agreements between you and H&F. You also may be subject to additional terms and conditions that may apply when you use or purchase certain products or services, including third-party products or services.

I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, AND I AGREE TO BE BOUND BY THEM.