FOODCORPS TERMS OF USE AND PRIVACY POLICY

Effective date: May 31, 2022
Last Updated: May 31, 2022

FoodCorps’ Terms of Use includes the FoodCorps’ Privacy Policy, and the Terms of Service Agreement regarding access to and use of the FoodCorps website.

1.  FOODCORPS PRIVACY POLICY

This Privacy Policy describes how we, FoodCorps Inc. (referred to as “we” “our” “us,” or “FoodCorps”), collect, use, and disclose your personal information. This Privacy Policy applies to information that we collect when you visit the FoodCorps website located at www.foodcorp.org and any related websites or online services that we offer, including our volunteer program, our social media pages (collectively, the “Site”), or when you interact with us through our email, advertising, or social media campaigns.

Our services are provided only to customers in the United States. Therefore, we do not seek to collect or process information from residents of the E.U. or other foreign countries and you should not access the site or services if you are located outside the United States.

By accessing or using this Site, you agree to this Privacy Policy. This policy may change from time to time, please see the section “Changes to this Privacy Policy” below.

Our Site is not intended for children under the age of 18. No one under the age of 18 may provide any personal information to us on the Site, or through our marketing channels. We do not knowingly collect personal information from children under 18.

INFORMATION WE COLLECT AND HOW WE COLLECT IT.

We collect several categories of information, including:

Information that you provide to us:

• Information that you provide when you create a membership or alumni account on the Site, fill out forms, use our online services, subscribe to our newsletter, or send communications to political representatives. This information may include your name, zip code, e-mail address, username, and password.
• Information that you provide to us when you apply to be a FoodCorps Service Member such as your name, address, date of birth, proof of identity, phone number, pronouns, email address, education and work history, age, citizenship status, information required to conduct criminal background check, references, and any other information that you choose to include on your application.
• Information that you provide to us when you communicate with us or communicate with third parties through our Site (like other members or political representatives). This information may include your name, email, address, phone number, and the contents of your communications.
• Information you provide when you make donations to us through the Site. This information may include your name, email address, address, tax information, and phone number.
• Information you provide us when you donate to us directly (and not via the Site). This information may include your name, email address, address, tax information, and phone number.
• Information that you provide when you register to attend a webinar or other event. This information may include your name, email address, address, phone number, and other information about you that we may request.  We may also collect information about your activity, like viewing length, downloads, content that you engaged with, and comments you make in the chat.
• Information you provide us when we conduct research, surveys, or interviews. This information may include your name, email address, information about your experience that is relevant to the research we conduct.

Automatically collected information:

• Information that is collected automatically about your interaction with the Site that may or may not personally identify you (this information may be combined with information that does personally identify you). See the Cookies and Automatic Tracking Technology Section below for additional details.

Information we receive from third party service providers:

• Donations. We use a third-party service provider to process donation payments to us on the Site and we receive information about you directly from you and from the third-party service provider when you donate such as your name, donation amount, email address, and communication preferences. We do not receive any payment card or financial account information via the Site and the collection and sharing of your information by the service provider is governed by its own privacy policy and terms of service.
• FoodCorps Connect. We use a third-party service provider to administer a virtual community space for current and prospective service members, alumni, and supervisors to communicate and may receive information about your registration status and activity on the platform. When you create an account with our third-party service provider, they and us will receive your profile information (name, email address, social media links, physical address, phone number, date of birth, and biographical information that you provide). The third-party also collects engagement data and makes that information available to us (participation, activity within the community, jobs shared, donations made through the third-party platform, usage information). When you submit content (including a post, comment, or chat message) to the community space, any registered users of the platform will be able to see that content, the username associated with the content, and the date and time you originally submitted the content.
• Email and Webinar Service Providers: we use third-party email marketing and webinar providers to provide webinars and communicate with you. We will receive information from these third parties related to your use or activity within the webinar or your interaction with our emails.

Cookies & Automatic Tracking Technologies

Like many websites, we and our third-party service providers use “cookies” or other automatic tracking technologies (like web beacons or flash cookies) to collect information. “Cookies” are alphanumeric identifiers in the form of data files that are inserted and stored by your web browser on your computer’s hard drive.

Through cookies or similar tracking technologies, we collect usage information like activity data, IP address, the website you came from before visiting the Site, browser type and setting, time/date, language preferences, and device information (device ID, unique device identifiers, crash data), and other similar kinds of information.

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Most Internet browsers will allow you to block cookies from being stored on your computer and to delete cookies stored on your computer, and we will honor browser “do not track” settings. However, if you choose to eliminate cookies, the functionality of the Site may be impaired.

Social Media

You can choose to access certain social media websites and services that are owned and/or controlled by third parties (including, without limitation, Facebook, Twitter, Instagram, and others) (such websites and services, collectively, the “Social Media”). When you elect to access and use Social Media, you will be sharing your information (which will include personal information if you elect to share such information) with those Social Media providers. As with other third-party sites, the information that you share with the Social Media providers is governed by the privacy policies and terms of service of the providers of such Social Media provider and not by the policies and procedures we describe here. You may also be able to modify your privacy settings with these Social Media providers to, for example, control what information the Social Media providers disclose to other entities, including FoodCorps.

How We Use the Information We Collect

We use information that we collect, including any personal information collected:

• To assess the candidacy of service member applicants;
• To process and receive donations;
• To present the Site and its contents to you, to support and improve the Site and the services that we provide;
• To provide, support, and improve our community experience;
• For research and development purposes;
• To analyze the Site and to estimate audience size or usage;
• To remember your preferences;
• To provide you with information, or services that you request from us or that may be of interest to you;
• To fulfill any other purpose for which you provided it;
• To provide you with notices about your account;
• To carry out our legal obligations and enforce our rights arising from any contracts entered into between you and us;
• To notify you about changes to our Site or any services we offer or provide though it;
• To investigate misuse or misconduct;
• To help protect you, our service providers, and others from fraud, malicious activity, or other privacy or security-related concerns;
• For other notified purposes, with your consent or at your direction; and
• To allow you to participate in interactive features on the Site.

How we Share Your Personal Information

We may disclose personal information to the following categories of service providers: website service providers, email and marketing engagement service providers, social media providers, payment processors, professional advisors and consultants, data analytics service providers, cloud storage service providers, software and website development service providers, email service providers, and other similar types of service providers.

We may also share personal information for the following purposes:

• To enforce our rights against you or in connection with a breach of this Privacy Policy or any other terms and conditions;
• To third parties or legal authorities when required by any applicable law, rule regulation, subpoena, or other legal process; or
• To prevent any activity that we consider to be prohibited or illegal or damaging to FoodCorps or third-parties.

Unsubscribe to Marketing Messages

You may choose to unsubscribe from marketing emails by clicking the “Unsubscribe” link in any marketing email from us, or by emailing info@foodcorps.org and asking to be unsubscribed from further marketing messages. Although we will remove you from our marketing lists you may still receive transactional messages related to the Site or our services.

Security

We take security of your information seriously and take precautions — including technical, administrative, and physical measures — to safeguard your information collected through the Site. However, no transfer of information over the Internet is secure and we cannot guarantee the security of your information.

Links

The Site may contain links to other websites. We do not endorse and are not responsible for the privacy practices or the content of these third-party websites. We exercise no control over how your information is stored, maintained, or displayed by third parties or on third-party sites.

Changes to this Privacy Policy

From time to time, we may desire to use Personal Data for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law. We may change this Privacy Policy at any time. If we change this Privacy Policy, we will notify you of such changes by posting them at www.foodcorps.org/terms-of-use-privacy-policy, or providing you with notice of the modification by email. We will indicate when such changes are effective by updating the above effective date. By continuing to access or use the Site after we have posted a modification or have provided you with notice of a modification, you indicate your agreement to the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, please do not visit the Site.

Contact Us

To contact FoodCorps you may email us at info@foodcorps.org. You may also submit a request to the following address:

Food Corps Inc.
Attn: Communications Department
1140 SE 7^th Ave, Suite 110
Portland, OR 97214-4161

2. Website Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between you and FoodCorps, Inc. (“FoodCorps,” “we,” or “us“). FoodCorps, Inc. is a 501(c)(3) organization.

The following terms and conditions, together with the Privacy Policy (collectively, “Terms of Use“), govern your access to and use of the www.foodcorps.org website, including any content, functionality, and services offered on or through the www.foodcorps.org (the “Website“), whether as a guest, member, applicant or a registered community user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with FoodCorps and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, look and feel, and functionality (including but not limited to all information, resources, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by FoodCorps, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• You may print or download resources that we make available to members for your own personal, non-commercial use. You may not distribute as your own material or sell any material that we make available to you for print or download.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from the Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics without our permission.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@foodcorps.org.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by FoodCorps. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The FoodCorps name, the FoodCorps trademark, and all related names, logos, product and service names, designs, and slogans are trademarks of FoodCorps or its affiliates or licensors. You must not use such marks without the prior written permission of FoodCorps. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm individuals in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising, solicitation, or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate FoodCorps, a FoodCorps employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm FoodCorps or users of the Website, or expose them to liability.
• To engage in any conduct which is or could be considered obscene, harmful, or harassment.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website includes community and members areas that allow registered users to communicate, create profiles, and post, submit, publish, and display comments and content, along with other interactive features on or through the Website (“User Contributions”). All User Contributions must comply with these Terms of Use.

Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not FoodCorps, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for FoodCorps.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU AGREE TO WAIVE, RELEASE AND HOLD HARMLESS FOODCORPS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FOODCORPS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER FOODCORPS OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, you may report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to our designated copyright agent. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, that we deem appropriate, including removal of the challenged content.

DMCA Notice of Alleged Infringement (“Notice”)

1. Identify the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g. as a fair use)”.
   2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to FoodCorps Designated Copyright Agent:

FoodCorps Inc.
Attn: Communications Department/Copyright Agent
1140 SE 7^th Ave, Suite 110
Portland, OR 97214-4161

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability 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 may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by FoodCorps, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FoodCorps. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Donations

We allow individuals to make donations through the Website. All donations are complete and final gifts and are nonrefundable, unless we choose to reject a donation (in our sole discretion). We do not process financial payments via the Website. We use third party payment providers to process donations made via the Website. We may disclose information about donors with our third party service providers and the Internal Revenue Service, as required by applicable law.

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.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send messages or other communications with certain content, or links to certain content, on this Website.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

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. 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 websites.

Geographic Restrictions

We provide this Website 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.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other elements. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FOODCORPS NOR ANY PERSON ASSOCIATED WITH FOODCORPS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FOODCORPS NOR ANYONE ASSOCIATED WITH FOODCORPS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FOODCORPS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FOODCORPS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, 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 CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless FoodCorps, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by FoodCorps 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 FoodCorps 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 the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and FoodCorps, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by FoodCorps, Inc. You may communicate with us by mailing:

FoodCorps Inc.
Attn: Communications Department
1140 SE 7^th Ave, Suite 110
Portland, OR 97214-4161

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@foodcorps.org