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2020 Privacy Policy – Updated December 16, 2019

Privacy Policy 2020 – Updated December 16, 2019

The following Privacy Policy governs all use of Portable Farms Aquaponics Systems, http://portablefarms.com website and all content, services and products available at or through the Aquaponics University website https://aquaponicsuniversity.com  and Concept to Licensing LLC. PFAS LLC and Concept to Licesning LLC and portablefarms.com and aquaponicsuniverity.com are owned and operated by Colle Davis, PFAS LLC and Concept to Licensing LLC, both Virginia-based LLC’s, USA. These Websites are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Colle Davis, PFAS LLC’s Privacy Policy) and procedures that may be published from time to time on this Site by Colle Davis, PFAS LLC (collectively, the “Agreement”).

The entire Aquaponics Course  created for Aquaponics University to build and operate a Portable Farms Aquaponics System is hosted on the teaching platform https://classmarker.com .

We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)

We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our intellectual property rights.

We don’t store personal information on our servers unless required for the on-going operation of one of our services.

In our products, we aim to make it as simple as possible for you to control what’s visible to the public, seen by search engines, kept private, and permanently deleted.

Below is our privacy policy which incorporates these goals: Creative Commons License (Note, we’ve decided to make this privacy policy available under a Creative Commons Sharealike license, which means you’re more than welcome use and repurpose it for your own use, just make sure there are references to us, Colle Davis, Phyllis Davis and to PFAS LLC from you, and if you we’d appreciate a link to WordPress.com, that’s where we got this, somewhere on your site. They spent a lot of money and time on the below and other people shouldn’t need to do the same.)

If you have questions about accessing or correcting your personal data please contact our support team at EMAIL.

PFAS LLC operates several websites including http://portablefarms.com , http://mycoach.com  and http://aquaponicsuniversity.com and others to be added. It is our policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, we non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. PFAS LLC’s purpose in collecting non-personally identifying information is to better understand how PFAS LLC’s visitors use our website. From time to time, PFAS LLC may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

PFAS LLC also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on WordPress.com blogs. PFAS LLC only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses are visible and disclosed to the administrators of the blog where the comment was left.

Gathering of Personally-Identifying Information

Certain visitors to the PFAS LLC’s websites choose to interact with Colle Davis and Phyllis Davis and PFAS LLC in ways that require PFAS LLC to gather personally-identifying information. The amount and type of information that PFAS LLC gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog, member site and newsletter at WordPress.com to provide a username and email address. Those who engage in transactions with PFAS LLC by purchasing access to the Akismet comment spam prevention service, for example, are asked to provide additional information, furthermore, information is necessary for the sale of Portable Farms® Aquaponics Systems and it is necessary to gather personal and financial information required to process sales transactions. In each case, PFAS LLC collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with PFAS LLC. PFAS LLC does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

PFAS LLC may collect statistics about the behavior of visitors to its websites. For instance, PFAS LLC may monitor the most popular blogs on the WordPress.com site or use spam screened by the service to help identify spam. PFAS LLC may display this information publicly or provide it to others. However, PFAS LLC does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

PFAS LLC discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on PFAS LLC’s behalf or to provide services available at PFAS LLC’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Portable Farms® Ltd’s websites, you consent to the transfer of such information to them. PFAS LLC will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, PFAS LLC discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when PFAS LLC believes in good faith that disclosure is reasonably necessary to protect the property or rights of PFAS LLC, third parties or the public at large. If you are a registered user of a PFAS LLC website and have supplied your email address, PFAS LLC may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with PFAS LLC and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. PFAS LLC takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. PFAS LLC uses cookies to help PFAS LLC identify and track visitors, their usage of PFAS LLC’s website, and their website access preferences. PFAS LLC’s visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using PFAS LLC’s websites, with the drawback that certain features of PFAS LLC’s websites may not function properly without the aid of cookies.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by PFAS LLC and does not cover the use of cookies by any advertisers.

Comments

Comments and other content submitted to our anti-spam service are not saved on our servers unless they were marked as false positives, in which case we store them long enough to use them to improve the service to avoid future false positives.

Privacy Policy Changes

Although most changes are likely to be minor, PFAS LLC may change its Privacy Policy from time to time, and at PFAS LLC’s sole discretion. PFAS LLC encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Colle Davis, Managing Partner, CEO, PFAS LLC
Phyllis Davis,  Co-Managing Partner, President, PFAS LLC

Disclaimer 2020 – Updated December 16, 2019

Disclaimer 2020 for PFAS LLC, Aquaponics University and Concept to Licensing LLC – Updated December 16, 2020

This disclaimer states following terms and conditions govern all use of Portable Farms Aquaponics Systems, http://portablefarms.com website and all content, services and products available at or through the Aquaponics University website https://aquaponicsuniversity.com  and Concept to Licensing LLC are Virginia-based LLC’s, USA.  PFAS LLC and Concept to Licesning LLC, and portablefarms.com and aquaponicsuniverity.com are owned and operated by Colle Davis, PFAS LLC and Concept to Licensing LLC. These Websites are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Colle Davis, PFAS LLC’s Privacy Policy) and procedures that may be published from time to time on this Site by Colle Davis, PFAS LLC (collectively, the “Agreement”).

The entire Aquaponics Course  created for Aquaponics University to build and operate a Portable Farms Aquaponics System is hosted on the teaching platform https://classmarker.com .

Any modification to, or deviations from, the recommended suggestions made on any of the websites that this disclaimer is posted on or stated in the End User Licensing Agreement absolves PFAS LLC and Concept to Licesning LLC, and affiliated companies from any and all claims resulting in reduced output or production from Portable Farms Aquaponics Systems.

Disclaimer:

The instructions contained in the Aquaponics University Course are designed to be presented to create a working Portable Farms® Aquaponics Systems that operates correctly and successfully as stated in our literature as soon as it is completed and turned on. Any deviations regarding design layout, size of Grow Table or Fish Tank, height of grow tray, depth of Grow Tables or Fish Tank, fish-stocking rate, PVC diameter and connections, placement within a structure with recommendations for air flow, protection from weather elements and insects, recommendation for size of air pumps and siphon pump, timing for the pumping systems or any other nonstandard installation changes will void any and all guarantees and warranties. If there are any deviations to these and other specifications covered in the Aquaponics University course, there will be no follow up support forthcoming.

The entire Portable Farms® Aquaponics System Course©, Sections A-Z, must be satisfactorily completed within 12 months from the date of enrollment in order to qualify for graduation or the Portable Farms® Kit.

If any problems that arise with a Portable Farms® Aquaponics System that has been built to the specifications in the Aquaponics University course, when you contact PFAS LLC, please include .jpg images* and complete written descriptions of the ‘problem’ so we can contact you with help in solving any issues you may have for moving your project forward.

*.jpg format: Minimum size image of 7″ wide x 5.75 wide – resolution 300 – or 2100 pix wide and 1575 height

Furthermore, if the user/operator ignores suggested and recommended structural and building recommendations, they do so at their own peril and void any expressed or implied warranties. Deviation from recommend acclimatized greenhouse structure with a maintained growing temperature for each plant (generally from 65 degrees F to 100 degrees F) as stated on seed packet, daily water flow from the fish tanks to accommodate plants, along with a minimum of six hours of direct sunlight or grow lights for supplemental growing lights, fish tank stocking levels, fish feeding recommendations, planting density, harvesting of fish or vegetables, crop choices and the addition of any harsh chemicals, pesticides, herbicides, fungicides or any other non-organic substance immediately voids any and all warranties written or implied for projected production levels.

Any issues that arise that are not covered in the Assembly Manual, Operations Manual or Guide to Growing Healthy Plants are to be documented by photos, included with a full explanation of the alleged problem and forwarded by email to PFAS LLC at cdavis@portablefarms.com. Explanations of problems must also include test results provided by third parties, at owner’s expense.

Each Owner and/or License Holder must adhere to all local, state, and country agricultural and fisheries, environmental and water quality laws and regulations concerning where they place and operate their Portable Farms® Aquaponics System Unit(s).

We have the right to change these terms as posted on our websites for current users and License Holders.

Production results are based on many factors. The stated production levels are good faith estimates and reflect the production levels achieved at the PFAS LLC Units. Each installation faces unique challenges and PFAS LLC have designed the systems to be adaptable across a very wide range of conditions. If owner(s)/operators of a Portable Farms® Aquaponics Systems do not adhere to the stated recommendations and requirements such as using a properly constructed climatically adapted structure per PFAS LLC guidelines, then they accept full responsibility for any differences in product output.

Commercial Portable Farms® Aquaponics system units and installations must be operated by Certified Operators who have been trained and certified by diploma from Aquaponics University and passed the qualification tests to become certified to operate the PFAS installation. They must be able to present their credentials upon request. Having Operators who are not properly trained and Certified will make null and void any expressed or implied warranties or guarantee of equipment.

Use caution and seek the advice of qualified professionals including your accountant, lawyer or professional adviser, before acting on this or any information. Users of PFAS LLC’s products, services and web sites are advised to do their own due diligence when it comes to making business decisions and all information, products, and services that have been provided should be independently verified by your own qualified professionals. The information, products, and services offered on PFAS LLC’s websites should be carefully considered and evaluated, before reaching a business decision, on whether to rely on them.

You agree that our company PFAS LLC is not responsible for the success or failure of your business decisions relating to any information presented by our website and PFAS LLC and products or services.

Production disclaimer restated:

We make every effort to ensure that the products offered by PFAS LLC, and affiliate companies to the public are accurately represented. As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of commitment to following instructions. There are no guarantees concerning the level of success you may or may not experience. Any examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on their background, dedication, desire and motivation.

We cannot guarantee your future results and/or success. There are unknown risks in business and such factors as weather conditions and market forces that we cannot foresee that could reduce results. We are not responsible for your actions.

The use of the PFAS LLC’s information, products and services should be based on your own due diligence and you agree that PFAS LLC is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services.

If you think this product is a magic pill that will make you money without any effort, please do not buy it. You or your Operators will be required to put forth effort to learn how to operate the system and actually do the work recommended by PFAS LLC on a daily basis to operate the Units.

Production disclaimer from PFAS LLC – one more time

Every effort has been made to accurately represent these products and services and their potential. Examples in these materials are not to be interpreted as a promise or guarantee of production or earnings. Earning potential is entirely dependent on the person/operator using our products, ideas and techniques.

Any and all forward-looking statements here or on any of PFAS LLC’s websites or sales material are intended to express our opinion of earnings or production potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or that of anyone else, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material(s).

Please note. After purchasing the Aquaponics University Course, a user may ask for and receive a full refund of their tuition until they have received one or more of the Sections of the coursework (including Sections A, B and C) of Aquaponics University’s Portable Farms® Aquaponics System Course©. At that point, after receiving the email containing even one section of the Course Material, there will be no refund due because the user has received a portion of our protected Intellectual Property and that information has proven value and benefits contained in that information.

If you don’t understand and accept this disclaimer, please do not buy the products, information or services available at https://portablefarms.comhttps://aquaponicsuniversity.com, on any other related websites belonging to Colle Davis. or any affiliated companies.

 

Colle Davis, CEO/Managing Partner, PFAS LLC

Phyllis Davis, President/Managing Partner, PFAS LLC

 

 

Terms of Service 2020

Terms of Service – PFAS LLC – 2020 – Updated December 16, 2019

The following terms and conditions govern all use of Portable Farms Aquaponics Systems, http://portablefarms.com website and all content, services and products available at or through the Aquaponics University website https://aquaponicsuniversity.com  and Concept to Licensing LLC. PFAS LLC and Concept to Licesning LLC and portablefarms.com and aquaponicsuniverity.com are owned and operated by Colle Davis, PFAS LLC and Concept to Licensing LLC, both Virginia-based LLC’s, USA. These Websites are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Colle Davis, PFAS LLC’s Privacy Policy) and procedures that may be published from time to time on this Site by Colle Davis, PFAS LLC (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by PFAS LLC, acceptance is expressly limited to these terms. The Website is available to any and all individuals.

The entire Portable Farms® Aquaponics System Course©, Sections A-Z, must be satisfactorily completed within 12 months from the date of enrollment in order to qualify for graduation or the Portable Farms® Kit.

After purchasing the Aquaponics University Course, a user may ask for and receive a full refund of their tuition until they logged onto the course of Aquaponics University’s online  Portable Farms® Aquaponics System Course©. At that point, after there will be no refund due because the user has received a portion of our protected Intellectual Property and that information has proven value and benefits contained in that information.

  1. Your contributions to the http://portablefarms.com’s Site. If you create a comment or contribute to the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and PFAS LLC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause PFAS LLC liability. You must immediately notify PFAS LLC of any unauthorized uses of your blog, your account or any other breaches of security. PFAS LLC will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, ‘Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
  • The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, trademark or trade secret rights, of any third party;
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
  • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by PFAS LLC or otherwise.

By submitting Content to PFAS LLC for inclusion on your Website, you grant PFAS LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, PFAS LLC has the right (though not the obligation) to, in PFAS LLC’s sole discretion (i) refuse or remove any content that, is in reasonable opinion, violates any PFAS LLC’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in ‘s sole discretion.  PFAS LLC will have no obligation to provide a refund of any amounts previously paid.

  1. Fees and Payment. Optional premium paid services such as extra storage, domain purchases or VIP hosting are available on the Website. By selecting a premium service you agree to pay PFAS LLC the monthly or annual subscription fees indicated for that service (the payment terms for VIP hosting are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
  2. Subscription Services.
  3. Responsibility of Website Visitors. PFAS LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, PFAS LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PFAS LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which https://aquaponicsuniversity.com, and that link to https://portablefarms.com. PFAS LLC does not have any control over those non-WordPress websites and webpages, and is not responsible for their contents or their use. By linking to a non-WordPress website or webpage, PFAS LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.  PFAS LLC disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.
  5. Copyright Infringement and DMCA Policy. As PFAS LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by https://aquaponicsuniversity.com or https://portablefarms.com violates your copyright, you are encouraged to notify PFAS LLC in accordance with PFAS LLC ‘s Digital Millennium Copyright Act (“DMCA”) Policy. PFAS LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of  PFAS LLC or others, PFAS LLC may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, PFAS LLC will have no obligation to provide a refund of any amounts previously paid to PFAS LLC.
  6. Intellectual Property. This Agreement does not transfer from PFAS LLC to you any or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with . PFAS LLC, WordPress, https://aquaponicsuniversity.com, http://portablefarms.com, the Portable Farms® logo, and all other trademarks, service marks, graphics and logos used in connection with https://aquaponicsuniversity.com, http://portablefarms.com or the Website are trademarks or registered trademarks of PFAS LLC licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any PFAS LLC or third-party trademarks.
  7. Changes. PFAS LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. PFAS LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  8. Termination. PFAS LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PFAS LLC  account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  9. Disclaimer of Warranties. The Website is provided ‘as is.’ PFAS LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PFAS LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, you understand that you download from, or otherwise obtain content or services through, the PFAS LLC Website, https://portablefarms.com, at your own discretion and risk.
  10. Limitation of Liability. In no event will PFAS LLC or Concept to Licensing LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PFAS LLC under this agreement during the twelve (12) month period prior to the cause of action. PFAS LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the PFAS LLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and (ii) your use of the PFAS LLC Website will not infringe or misappropriate the intellectual property rights of any third party.
  12. Indemnification. You agree to indemnify and hold harmless, PFAS LLC  and Concept to Licensing LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including PFAS LLC’s attorneys’ fees, arising out of your use of the https://portablefarms.com Website, including but not limited to your violation of this Agreement.
  13. Miscellaneous. This Agreement constitutes the entire agreement between PFAS LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PFAS LLC, or by the posting by PFAS LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Virginia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Virginia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Virginia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PFAS LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.