Terms of Use

Last Updated: December 7, 2022

Please read these terms and any specific and/or supplemental terms and conditions carefully before using framework.us-rspe.org ("the Website"). These terms govern your use of the Website in general and your voluntary disclosure of information to the Sustainability Framework. By using the Website and/or by disclosing any information to the U.S. Roundtable for Sustainable Poultry & Eggs, you agree to be bound by these terms of use and any specific and/or supplemental terms and conditions.

A. Definitions

  1. "Administrator" shall refer to the Independent Contractor (Texas A&M Center for Applied Technology) that designed, developed, and administers the data management and reporting system that enables implementation of the Sustainability Framework.

  2. "Confidential Data" shall refer to all information disclosed by any person, company, or entity through the Sustainability Framework's online questionnaire.

  3. "Participant" or "Participants" shall refer to companies, including their agents and representatives, that submit Confidential Data.

  4. "Reporter" or "you" or "your" shall refer to users of the Website, including the Sustainability Framework.

  5. "Sustainability Framework" shall refer to the multistakeholder sustainability framework developed for the full U.S. supply chains for chicken, turkey, and eggs from producer to final customer, as further described in Section B herein, and administered by the Center for Applied Technology.

  6. "Terms of Use" shall refer to these Terms of Use, as modified from time to time.

  7. "U.S. Roundtable" or "We" shall refer to the U.S. Roundtable for Sustainable Poultry & Eggs and includes the Poultry & Egg Sustainability and Welfare Foundation, Inc., and International Poultry Welfare Alliance.

  8. "Website" shall refer to framework.us-rspe.org and includes the Sustainability Framework portal.

B. Sustainability Framework

1. Background

In collaboration with the U.S. Roundtable, the Administrator designed and developed a data management and reporting system that enables the implementation of the Sustainability Framework. The Sustainability Framework is a multistakeholder sustainability framework developed for the full U.S. supply chains for chicken, turkey, and eggs from producer to final customer. This voluntary assessment is a tool to collect and analyze and aggregate data reflecting the overall sustainability of U.S. poultry and egg value chains. The purpose of the Sustainability Framework is to help you gain insight into your individual sustainability efforts and help the industry to improve its ability to measure and communicate with stakeholders about the overall sustainability of U.S. poultry and egg supply chains.

The Sustainability Framework works as follows: (i) users input Confidential Data into the Sustainability Framework, which is hosted on the U.S. Roundtable's server(s); (ii) the Confidential Data is stored on an application platform with Amazon Web Services (AWS) and encrypted via the AWS Key Management Service (KMS) cryptographic service; (iii) data in transport is subject to Transport Layer Security (TLS) cryptographic protocol; and (iv) the Administrator anonymizes and aggregates the Confidential Data and supports the data management and reporting system that enables implementation of the Sustainability Framework. The Confidential Data a company inputs into the Sustainability Framework is encrypted and can be viewed only by the user who inputs the data, in addition to the Administrator for the purpose of aggregating the Confidential Data. Neither the U.S. Roundtable nor any other party is able to view a company's Confidential Data. The Administrator is under a confidentiality agreement under which all company identifiable information is required to be maintained as confidential in perpetuity. Users may view their own Confidential Data and the aggregated Confidential Data, and the aggregated Confidential Data forms the basis for measuring and communicating with stakeholders about the overall sustainability of U.S. poultry and egg supply chains.

The Sustainability framework consists of sustainability assessments from the poultry and egg supply chains. Each assessment contains approximately 126 metrics divided into three pillars of sustainability (People, Planet, and Poultry), with each pillar containing four or five metrics indicator categories. All metrics are classified within three participation tiers, enabling industry organizations to choose their level of participation. The more metrics completed, regardless of your performance in that category, the greater value to you and the supply chain. Your inputs are automatically anonymized and encrypted to contribute to the aggregate measurement of the poultry and egg sector and will be made available to you as the Reporter to (i) Allow you to see how the sector is performing against areas of importance to your stakeholders; (ii) Create your benchmark for continuous improvement in sustainability using the Sustainability Framework; (iii) Use the Sustainability Framework to inform your overall organization sustainability reporting; and (iv) Reveal areas of greatest potential for improvement among your sustainability priorities to create a roadmap for your future.

i. Antitrust Statement

The U.S. Roundtable believes strongly in competition. Agreements to fix prices, allocate markets, engage in product boycotts, and refuse to deal with third parties are illegal under the Antitrust Laws. The purpose of the U.S. Roundtable's Sustainability Framework is to help equip the entire value chain to better measure and communicate with stakeholders about the overall sustainability of U.S. poultry and provide for accurate and intentional measurement and tracking of continuous improvement to help create a clearer picture of how poultry products are produced to support informed customers.

The U.S. Roundtable shall neither receive nor have access to any disaggregated Confidential Data. The Administrator shall be the sole recipient and user of the Participant's dis-aggregated Confidential Data.

2. Reports.

By participating in the Sustainability Framework, a Participant shall have access to information, but such information shall be limited to: (i) Your own Confidential Data that you submitted through the Sustainability Framework's reporting tool and (ii) an annual report, which shall be available to the general public, that provides averages of the aggregated, de-identified information that all Sustainability Framework participants submit in response to the Sustainability Framework portal in a manner that prevents any reader of the report from connecting specific information to specific Participants.

3. Participant's Obligations

By participating in the Sustainability Framework, You, on behalf of yourself and your employer, warrant that: (i) You will abide by, without limitation, all applicable local, state, national, and international laws and regulations regarding your disclosure of Confidential Data and involvement in the Sustainability Framework; (ii) You shall refrain from sharing Confidential Data with other Participants; (iii) You will only submit Confidential Data that you believe to be accurate; and (iv) You will comply with these Terms of Use.

4. U.S. Roundtable's Obligations

U.S. Roundtable shall, through the Administrator, ensure that all Confidential Data is securely stored and aggregated in accordance with industry best practices, and information is de-identified in such a manner that maintains the confidentiality of each Participant's Confidential Data.

5. Licenses

By participating in the Sustainability Framework and submitting Confidential Data, you, on behalf of your company, agree as follows:

i. License Grant by You

a. Confidential Data

You, on behalf of your company, grant the Administrator a royalty-free, revocable license to analyze your Confidential Data and for the U.S. Roundtable to share your Confidential Data in aggregate form with you and other Participants in a manner that maintains your anonymity. Nothing in these Terms of Use shall grant the U.S. Roundtable a license to access, analyze, or use your dis-aggregated Confidential Data or effect a change in ownership of the Confidential Data. You may revoke the license granted herein to the Administrator and the U.S. Roundtable by sending notice of revocation, in writing, to the address in Section C.21 of these Terms of Use.

b. Company Logo

You, on behalf of your company, grant the U.S. Roundtable a royalty-free, revocable license to display your company's logo in connection with promoting on its Website and other materials your company's participation in the Sustainability Framework, provided such use does not enable the de-anonymization of the aggregated Confidential Data.

ii. License Grant by U.S. Roundtable

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Website and its content for informational purposes. U.S. Roundtable reserves the right to bar, restrict, or suspend any Reporter's, Participant's, or user's access to the Website, and/or terminate this license at any time for any reason. U.S. Roundtable reserves any rights not explicitly granted in these Terms of Use.

iii. License Restrictions

Unless otherwise expressly stated in these Terms of Use or you receive the U.S. Roundtable's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Website or any portion thereof. Further, you may not (a) use the Website for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Website, including its content; (b) interfere with the proper working of the Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or another limiting routine, instruction, or design; or (c) interfere with any other user's enjoyment of the Website.

C. General Website Terms of Use

1. Binding Contract

These Terms of Use are a contract between you, on behalf of yourself and on behalf of your employer, and the U.S. Roundtable. By using this Website, you represent to the U.S. Roundtable that you have read, understood, and expressly agree to be bound by these Terms of Use.

2. Term

The term of these Terms of Use will commence at the earliest of you clicking to accept or agree to these Terms of Use, your creation of a registered account on the Website, your use of the Website, or your submission of any Confidential Data to the Administrator.

3. Modifications

From time to time, the U.S. Roundtable may modify these Terms of Use. You are responsible for periodically reviewing these Terms of Use. By continuing to use this Website following the posting of a revision to these Terms of Use, you will be deemed to have agreed to and accepted these Terms of Use, as revised. If you do not agree to any modification to these Terms of Use, you must discontinue use of the Website.

4. Accounts

Access to certain content on the Website, including participation in the Sustainability Framework, may require you to create an account. By creating an account, you agree that (i) you are an employee or representative of a company that (a) is a member of the U.S. Roundtable, (b) has operations in the United States and is in the commercial poultry and egg value chain, or (c) is an egg grower with four million or fewer hens; (ii) you are at least 18 years of age; (iii) you are physically located in the United States; and (iv) any information you provide and maintain is accurate, current, and complete, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person's username, password, or other account information, or another person's name or likeness.

5. Passwords and Security

You agree that you will not share your account or account information with others. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password, or other account information, or of any other breach of security that you become aware of involving your account or any content accessed via the Website.

6. Geographic Restrictions

The owner of the Website is based in the United States. This Website is provided for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

7. Relationship of the Parties

The U.S. Roundtable, the Administrator, and you are each independent contractors and not joint ventures, partners, agents, or representatives of the other. Neither party nor its employees, subcontractors, or agents shall be deemed to be agents, servants, or employees of any other party based on a party's use of this Website or participation in the Sustainability Framework.

8. Framework Disclaimers

The U.S. Roundtable makes no representations, warranties, or guarantees related to the information, indicators, and metrics provided on the website or in any Sustainability Framework report, of any kind, express or implied, statutory or otherwise, and specifically disclaims all implied warranties, including any warranties of merchantability, noninfringement, or fitness for a particular purpose, to the maximum extent permitted by applicable law. In no event will the U.S. Roundtable or its affiliated entities be liable to any party for damages for loss of data, lost profits, or any indirect, special, incidental, or consequential damages arising from the use of the information, indicators, and metrics provided on the Website or in any Sustainability Framework report, even if advised of the possibility.

9. Indemnification

You agree to defend, indemnify, and hold harmless U.S. Roundtable, its affiliates, and their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorney's fees) arising out of or relating to your breach of these Terms of Use, negligence, or willful misconduct.

10. Limitation of Liability

To the fullest extent provided by law, in no event will U.S. Roundtable, its affiliates, or their employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising from or in connection with your use of the Website or participation in the Sustainability Framework, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to: personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contractor, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. If you are dissatisfied with the Website and/or any content, your sole and exclusive remedy is to discontinue using and accessing the Website.

11. Electronic Notice

You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided when you became a registered user of the Website. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

12. Copyright Infringement

If you believe that any user of the Website has posted, submitted, displayed, or transmitted content or materials on or through the Website that violates your copyright, please send us a notice of copyright infringement to the address provided in the below section titled "Notice."

13. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

14. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such website.

15. Information about You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

16. Reliance on Information Posted

The information presented on or through the website is made available solely for general information purposes. U.S. Roundtable does not warrant the accuracy, completeness, or usefulness of any information presented on or through the Website. Any reliance you place on such information is strictly at your own risk. U.S. Roundtable disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website includes content provided by third parties, including materials provided by third-party licensors. All such content is solely the responsibility of the person or entity providing those materials. U.S. Roundtable is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

17. Termination or Suspension

We may terminate your access to the Website if we have objective reason to believe that you have violated these Terms of Use or for any other reason.

18. Waiver and Severability

No waiver by U.S. Roundtable of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the U.S. Roundtable to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

19. Complete Agreement

These Terms of Use, together with any revisions, any Additional Terms or Conditions incorporated by reference, and any other Click-through Agreement, constitutes the entire agreement between you and the U.S. Roundtable relating to the Website and its use by you, as well as your participation in the Sustainability Framework. These Terms of Use shall supersede any previous written or oral communication regarding use of the Website or Sustainability Framework.

20. Survival

The provisions of these Terms of Use which by their nature should survive the termination of this Agreement shall survive such termination.

21. Notice

This Website is operated by U.S. Roundtable. All notices of copyright infringement claims should be sent to the copyright agent at the address set forth above. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: framework-help@us-rspe.org.

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use.