Terms and Conditions of the We Care® Program Initiatives

1. Purpose

The purpose of the We Care® Program (hereinafter, the “Purpose”) is to promote responsibility across every aspect of pork production through six ethical principles. In support of the We Care® ethical principles, the National Pork Board (“NPB”) has undertaken a number of initiatives (“Program Initiatives”) to assist farmers in meeting these principles and to measure and document the industry’s progress. These various Program Initiatives include:

• Pork Quality Assurance® (PQA) Plus Certification: PQA Plus is an education and certification program designed to help pig farmers and their employees continually improve production practices. It addresses food safety, animal well-being, environmental stewardship, worker safety, public health and community. Farms can receive PQA Plus site status through an on-farm site assessment with a PQA Plus Advisor.
  
  
• Transport Quality Assurance (TQA) Certification: TQA is a certification program that trains pig transporters, producers and handlers how to handle, move and transport pigs. 
  
  
• Carbon Footprint Calculator (CFC): The CFC is a tool developed by the NPB to assist pork producers in estimating the amount of greenhouse gases released from their production site.
  
  
• On-Farm Sustainability Reports: The On-Farm Sustainability Reports initiative helps producers track, measure, monitor and report sustainability metrics on their farms.
  
  
• We Care® Application (WCA): The purpose of the WCA is to collect, aggregate, and support producer-permissioned sharing of specific, producer-defined, on-farm sustainability metrics, including antibiotic purchases, to build trust and add value to the U.S. pork industry.

These Program Initiatives may be augmented over time and your participation in them is subject to these Terms and Conditions of the We Care® Program Initiatives (“Terms and Conditions” or “this Agreement”). For purposes of these Terms and Conditions, “You,” “you” or “your” refers to the organization agreeing to participate in one or more of the above initiatives.

2. Your Agreement to these Terms and Conditions as a Condition of Participation in the Program Initiatives

By agreeing to participate in the Program Initiatives, you understand that NPB and its third-party partners (the “Program Operators”) will collect certain data from you concerning your pork production practices. You acknowledge and agree that you are solely responsible and liable for any information you, or others at your direction, provide to the Program Operators through your participation in the Program Initiatives (“Submitted Content”). You represent and warrant that, to the best of your knowledge, the Submitted Content is truthful and accurate. This Submitted Content will be treated as confidential by the Program Operators, and a copy of all or some of this data may be stored in the We Care Application by the Program Operators on your behalf. You may register for direct access to the We Care Application. Access to the We Care Application is subject to the We Care Application Terms and Conditions, a copy of which is available here. The Program Operators may store your Submitted Content in other databases in addition to, or instead of, the We Care Application; in this case, the Terms and Conditions of these other databases may apply.

3. Submitted Content Stored in the We Care Application

You grant NPB, its successors and assigns, service providers, licensors, and contractors a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to store a copy of the Submitted Content in the We Care Application and to create and use aggregated data derived from the Submitted Content in accordance with the Purpose. NPB will not have direct access to the information stored in the We Care Application and will not use, repurpose, or commercialize this information for any other purposes.

NPB will strive to maintain the confidentiality and trade secrecy of the information stored in the We Care Application, subject to the requirements of the federal Freedom of Information Act and state open records laws, to the extent applicable. Except as required by law, neither NPB nor the third party selected to operate the We Care Application will disclose this content to any non-service provider third parties without your express permission. The Submitted Content stored in the We Care Application on your behalf may be shared with NPB service providers solely for purposes of the Program Initiatives and operating the We Care Application. If NPB (or the third party chosen to operate the We Care Application) is required by law to disclose this content to a third-party for other than the Purpose as stated herein, NPB shall provide you with advance notice of such compelled disclosure (to the extent legally permitted) and the opportunity, at your expense, to object to the same (to the extent legally permitted).

4. Data Security Breach

In the event NPB or its service providers determines that a breach of data security has resulted in unauthorized access to, or unauthorized disclosure of the Submitted Content stored in the We Care Application on your behalf, NPB will promptly notify you of the data security breach and relevant details of the same. NPB will reasonably cooperate with you in its investigation and remediation of the data security breach and agrees to take reasonable steps to prevent the reoccurrence thereof.

5. Access to the We Care Application

As noted, you may register for direct access to the We Care Application. NPB reserves the right at its sole discretion to deny, limit, or terminate access to the We Care Application or any portion thereof, at any time, as necessary or advisable to protect the security and integrity of the We Care Application. NPB retains the right, in its sole and absolute discretion, to modify, alter, or enhance the operation and functionality of the We Care Application or the hosting environment without prior notice to you.

6. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, NPB AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PROGRAM INITIATIVES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NPB AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THE SUBMITTED CONTENT; AND (D) THAT THE SUGAM DATABASE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. THE WE CARE APPLICATION IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

7. Limitations on Liability

If you are dissatisfied with the Program Initiatives or with these Terms and Conditions, your sole and exclusive remedy is to discontinue your participation in the Program Initiatives. IN NO EVENT WILL NPB, OR EACH OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM INITIATIVES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LICENSOR OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

APPLICABLE LAW MAY NOT ALLOW ALL OF THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

8. Indemnification

You will indemnify and hold harmless NPB and each of its licensors and service providers from and against any and all claims, losses, damages, expenses, suits, judgments, and costs (including reasonable attorneys’ fees and expenses) resulting from your acts, omissions, or representations in any way related to your participation in the Program Initiatives, the Submitted Content, or your breach of these Terms and Conditions.

9. Application of Additional Terms and Conditions of Each Program Initiative

Your participation in each of the Program Initiatives may be subject to additional Terms and Conditions specific to each initiative. In addition, your access to Submitted Content that is stored in the We Care Application is subject to the We Care Application Terms and Conditions. In the event of any conflict between this Agreement and the Terms and Conditions of a specific Program Initiative, the Terms and Conditions of that specific Program Initiative will prevail with respect to your participation in that initiative. In the event of any conflict between this Agreement and the Terms and Conditions of the We Care Application, the Terms and Conditions of the We Care Application will prevail with respect to your access to that database.

10. Governing Law; Jurisdiction; Venue

These Terms and Conditions will be construed solely in accordance with the internal laws of the State of Iowa, without giving effect to principles of conflicts of laws. Any actions, proceedings, or suits concerning or relating to these Terms and Conditions or your participation in the Program Initiatives may only be brought in a court of competent jurisdiction in Polk County, Iowa, and each party hereby consents to the jurisdiction and venue of such court and waives any objections thereto.

11. Severability/Waiver

If any provision of these Terms and Conditions is determined to be unlawful, void, or for any reason unenforceable, then that provision will be changed and interpreted to best accomplish the objective of the original provision to the fullest extent provided by law, and such provision will not affect the validity and enforceability of any remaining provisions. All waivers must be in writing and signed by the party to be bound.