Effective as of October 2013
INFORMATION WE COLLECT AND HOW WE COLLECT IT. In order to facilitate your experience and manage our organization, we collect and maintain certain personal information about you. FoodCorps collects personal information from many sources to understand and meet your needs. We collect information about you from:
- You, when you voluntarily provide us with information, for example, when you sign up to receive information on our website; and
- Your browser, when you visit our websites and your browser interacts with us.
The personal information we collect about you through these various sources may include, but is not limited to;
- Name, address, telephone number, date of birth (DOB), country of residence, gender;
- E-mail addresses, login name, password, password hint and display name;
- Credit/debit card numbers, including associated billing addresses and expiration dates;
- Transactional and online activity data;
- Information concerning your interests and/or your use of products and services;
- Personal information provided via survey, focus groups or other marketing research efforts; and
- Personal information provided to FoodCorps representatives or agents to research and resolve issues or question.
You may also be able to submit information about other people. For example, you might submit a person’s name and e-mail address to sign them up for information or to make a gift to FoodCorps. The types of personally identifiable information that may be collected about other people at these pages include: recipient’s name, address, e-mail address, and telephone number. Depending on the type of information, and your purpose in providing it or ours in requesting it, you may be asked for additional information.
AGGREGATE INFORMATION. In addition to obtaining your personal information when you submit it to us, we may collect tracking information such as your browser type, the type of operating system you use, the name of your Internet service provider, and the pages visited on the site when you use our website or the websites of our affiliates, partners, sponsors or service providers. FoodCorps obtains this information to improve the functionality and user-friendliness of our site and to better tailor our site to our website visitors’ needs. We also use this information to verify that visitors meet the criteria required to process requests. None of this tracking information identifies you personally; we collect it for reporting onsite activity in the aggregate. For example, we may want to know how long the average user spends on our site or which pages or features get the most attention.
COOKIES AND WEB BEACONS. To enhance your experience with our website, we may use “cookies.” Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personal information unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the site with personal information, this information may be linked to the data stored in the cookie.
“Web beacons” or “clear .gifs” are small pieces of code placed on a web page to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We may use web beacons on this site from time to time for this and other purposes.
We may also use web beacons, provided by our ad serving partner, to help manage our online advertising. These web beacons enable our ad server to recognize a browser’s cookie when a browser visits this site and to learn which advertisements or listings bring users to our website. The information we collect and share through this technology does not identify you personally.
SURVEYS. We may also provide survey questionnaires and track your traffic patterns, benefit usage and preferences in a personally identifiable manner. Any information gathered from click data, benefit usage, surveys, preferences, log files, cookies and other ways you interact with our webpage is aimed at enhancing our site or programing and your use of or access to it. Any financial information gathered from donation forms that you submit is used to carry out the intent of your donation.
NETWORK TRAFFIC LOGS. In the course of ensuring network security and consistent service for all users, FoodCorps employs software programs to do such things as monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage our computers or the network, and monitor and tune the performance of the our network. In the course of such monitoring, these programs may detect such information as e-mail headers, addresses from network packets, and other information. Information from these activities is used only for the purpose of maintaining the security and performance of our networks and computer systems.
OUR COMMITMENT TO CHILDREN’S PRIVACY. We recognize the importance of protecting the privacy of children. For this reason, we do not collect or maintain information from children we know are under the age of thirteen (13) except as permitted by law. FoodCorps also encourages parents and guardians to discuss the Internet with their children and monitor personal information that a child may provide via the Internet.
HOW WILL THIS INFORMATION BE USED
- We may use the information you provide about yourself to fulfill your requests for products, programs and services, to respond to your inquiries about offerings, and to offer you other programs, services, products, or advertisements that we believe may be of interest to you.
- We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests or when we make changes to our membership agreements, to fulfill a request by you for an online newsletter, or to contact you about your account with us.
- We use the information that you provide about others to enable us to send them gifts or cards. From time to time we also may use this information to offer our products, programs, or services to them.
In addition, we may use data for administrative and analytic purposes, such as information systems management, accounting, billing, and audits, credit card processing and verification, customer-relations correspondence, and other operation management functions related to transactions you may enter into through our website.
FoodCorps may also provide your personal information to certain sponsors and other contracting parties for their use in connection with FoodCorps programming or interests, and for their independent marketing and/or analytic purposes. These third parties may send you email relating to their products and/or services.
In addition to the above, we sometimes contract with other companies and individuals to perform functions on our behalf or otherwise in connection with our activities, such as hosting our websites, distributing promotions or sweepstakes, performing marketing surveys, focus groups, or interviews or promoting other opportunities offered by or in connection with FoodCorps. These parties may have access to personal information, such as addresses, needed to perform their functions, but are generally restricted from using it for other purposes. We may also disclose this information to third parties who have arranged discounts, purchased travel or other services on your behalf.
We may also have unique partnerships and sponsorships with companies for the purpose of providing the information, benefits or offerings to our website users. As such, we may be required to exchange information, which may include your e-mail address, with one or more of these suppliers in order to ensure that you are able to use the service and realize these benefits when you choose to do so. The information exchanged is limited to what is required to meet this purpose.
As we continue to develop our organization, we might sell or buy assets. In such transactions, user information generally is one of the transferred business assets. Also, if either FoodCorps or substantially all of our assets were acquired, your personal information may be one of the transferred assets.
FoodCorps also uses customer information to identify, develop and market products and services that we believe you will value. From time to time, you may receive offers from our affiliates or from third-party companies with whom we have a business relationship. These third parties are also subject to confidentiality requirements with respect to your information.
We may also disclose your personal information to companies whose practices are not covered by this privacy notice (e.g., other marketers, magazine publishers, retailers, participatory databases, and non-profit organizations) that want to market products or services to you. If our site shares your personal information, it will provide you with an opportunity to opt out or block such uses.
THIRD-PARTY COLLECTION AND USE OF INFORMATION. From time-to-time, we may offer content (e.g., contests, sweepstakes, or promotions) sponsored by or co-branded with identified third parties. By virtue of these relationships, these third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the site activity. We do not have ultimate control over these third parties’ use of this information.
You may choose to restrict communications or the use and sharing of your information as outlined below.
MANAGING E-MAIL COMMUNICATIONS FROM FOODCORPS. Unless you “unsubscribe” from e-mail communication from FoodCorps, we will continue to e-mail you information that you may find valuable or that is related to FoodCorps, our mission, and work. If you wish to stop receiving e-mail communication from FoodCorps, you may click the “Unsubscribe” link included in our e-mail communications. Alternatively, you may contact us as described in “CONTACTING US” below.
Please understand that the steps to unsubscribe described above apply to your e-mail communication preferences with FoodCorps. Third parties may require different steps to change your preferences for communications. Please review those third party web pages or communications directly for their requirements to change your preferences.
DISCUSSION FORUM AND CHAT ROOM USE. FoodCorps currently does not operate online forums or chat rooms. If we do create such platforms, however, and if you participate in a web discussion forum or chat room, you should be aware that the information you provide there will, by the very nature of the use of a forum or chat room, be made available to others, potentially inside and outside of FoodCorps and its affiliates. Also, please recognize that individual forums and chat rooms may have additional rules and conditions. Each participant’s opinion set forth on a forum or chat room is his or her own and should not be considered as reflecting the opinion of the FoodCorps.
Any information we collect in connection with online forums and communities is used to provide an interactive experience. We may use this information to facilitate participation in online forums and communities and, from time to time, to offer you products, programs, or services. If you choose to submit content for publication (e.g., questions for an online chat guest), we may publish your screen name and other information you have provided to us (e.g., transcript of the chat, including your question).
SECURITY. Information security is important to the FoodCorps. We maintain reasonable physical, electronic and procedural safeguards in an effort to protect personal information and we regularly review our security standards and procedures to protect against unauthorized access to personal information. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us through electronic means. However, we take reasonable precaution to protect your information both online and off-line. When our website asks users to enter sensitive information (such as credit card numbers), that information is encrypted and is protected with the best encryption software in the industry — Secure Sockets Layer (SSL). While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. All of our databases are password-protected to ensure that unauthorized users cannot access sensitive data.
We also ask that you do your part by maintaining your various Internet and website passwords and access codes strictly confidential. You should not disclose your passwords to third parties. If someone else knows your passwords, you may lose substantial control over your personal information and may be liable for legally binding actions taken in your name by the person using your password.
ACCESS TO PERSONAL INFORMATION. You may contact us by phone or send us an e-mail requesting access to or correction of your personal information. For verification purposes please include your first name, last name, e-mail address and the password you use for said service, if any. To contact us for this purpose, see “CONTACTING US” below.
2. TERMS OF SERVICE AGREEMENT
TERMS AND CONDITIONS
1. LICENSE GRANT. The FoodCorps Website is provided by FoodCorps, and this Agreement provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the FoodCorps Website and any programs, services, tools, materials, or information made available through or from the FoodCorps Website conditioned on your continued compliance with the terms and conditions of this Agreement. This Agreement permits you to use and access for personal or business purposes only the FoodCorps Website (i) on a single laptop, workstation, or computer and (ii) from the Internet or through an on-line network. You may also load information from the FoodCorps Website into your laptop’s, workstation’s, or computer’s temporary memory (RAM) and print and download materials and information from the FoodCorps Website solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the FoodCorps Website on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with FoodCorps regarding access and usage privileges for the FoodCorps Website, including, without limitation, a member services agreement with FoodCorps. Nevertheless, your personal use of the FoodCorps Website will be subject to the obligations and restrictions regarding use of the FoodCorps Website as set forth in this Agreement.
2. RESTRICTIONS. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by FoodCorps through the FoodCorps Website in any manner not expressly permitted by this Agreement. In addition, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the FoodCorps Website. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the FoodCorps Website or in any way reproduce or circumvent the navigational structure or presentation of the FoodCorps Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the FoodCorps Website, (ii) attempt to gain unauthorized access to any portion or feature of the FoodCorps Website, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the FoodCorps Website or to any FoodCorps server or to any of the services offered on or through the FoodCorps Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the FoodCorps Website or any network connected to the FoodCorps Website, nor breach the security or authentication measures on the FoodCorps Website or any network connected to the FoodCorps Website, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the FoodCorps Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the FoodCorps Website or FoodCorps’ systems or networks or any systems or networks connected to the FoodCorps Website, (vi) use any device, software, or routine to interfere with the proper working of the FoodCorps Website or any transaction conducted on the FoodCorps Website, or with any other person’s use of the FoodCorps Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to FoodCorps on or through the FoodCorps Website, (viii) use the FoodCorps Website to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the FoodCorps Website (or any part thereof) without FoodCorps express, separate, and prior written permission, or (x) use the FoodCorps Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact FoodCorps. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY FoodCorps OR THROUGH THE FoodCorps Website TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
3. USER OBLIGATIONS. By downloading, accessing, or using the FoodCorps Website in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the FoodCorps Website, including, without limitation, when you provide information via a FoodCorps Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, FoodCorps reserves the right to terminate immediately your access to and use of the FoodCorps Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the FoodCorps Website. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this Agreement any personally identifiable information, which you receive or which is made available from FoodCorps in connection with this Agreement. This Agreement is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the FoodCorps Website (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the FoodCorps Website is solely at your own risk. While FoodCorps has endeavored to create a secure and reliable FoodCorps Website, you should understand that the confidentiality of any communication or material transmitted to/from the FoodCorps Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, FoodCorps is not responsible for the security of any information transmitted to or from the FoodCorps Website. You agree to assume all responsibility concerning activities related to your use of the FoodCorps Website, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third party software and hardware necessary for implementation of the FoodCorps Website, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the FoodCorps Website shall only be available through the sole discretion of FoodCorps or pursuant to the terms and conditions of a separate written agreement with FoodCorps.
4. DELIVERY OF INFORMATION. When using and/or to facilitate the operation of certain features of the FoodCorps Website, you may provide FoodCorps with additional content or information (a “Posting”). In connection with delivering and providing to FoodCorps any such Posting, you hereby and automatically grant to FoodCorps a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the FoodCorps Website and FoodCorps’ service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide FoodCorps with reasonable proof thereof (if requested)) required for FoodCorps to use such content or information in connection with FoodCorps’ services and the FoodCorps Website. Notwithstanding the foregoing, you acknowledge and agree that FoodCorps shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights clearance or permission or to provide any necessary content or information for your use of the FoodCorps Website in a timely or accurate manner. Moreover, FoodCorps assumes no responsibility for the deletion of or failure to store any content or information.
5. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to donations, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the FoodCorps Website, and/or to other specific portions or features of the FoodCorps Website, all of which are made a part of this Agreement by this reference. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the FoodCorps Website, the latter terms shall control with respect to your use of that portion of the FoodCorps Website. FoodCorps’ obligations, if any, with respect to its programs, services, tools, materials, products, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Agreement should be construed to alter such terms, conditions, notices, and agreements.
6. DIRECTORY. FoodCorps may, now or in the future, make available through the FoodCorps Website an on-line directory of contact information for FoodCorps partners, sponsors, or others (“FoodCorps Directory”). In addition to any other terms and conditions set forth in this Agreement, you acknowledge and agree that any such FoodCorps Directory shall be used only for personal purposes and that any information of the FoodCorps Directory shall not be further published, displayed, or made accessible. Accordingly, unless FoodCorps has provided its prior written consent, you acknowledge and agree that the contents of the FoodCorps Directory may not, in whole or in part, be reproduced, copied, disseminated, entered into a computer database, used as part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means inconsistent with this Agreement. You also acknowledge that a person or entity’s listing in the FoodCorps Directory represents only that such person or entity is registered with and an active member of FoodCorps. FoodCorps makes no further representations or warranties regarding any such person or entity (or the related information) listed in the FoodCorps Directory, and any information made available through the FoodCorps Directory is provided on an “AS-IS” and “AS-AVAILABLE” basis without warranty of any kind.
7. USER NAME HANDLING POLICY. Registration as an Authorized User for access to certain areas of the FoodCorps Website may, now or in the future, require a user name and a password. Only one Authorized User can use one user name and password and, thus, one account. Limiting access helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the FoodCorps Website and to your account. Accordingly, by using the FoodCorps Website, you agree to consider any user name and password that you may submit as confidential information and to keep your user name and password confidential. You also agree not to use another Authorized User’s user name and password. You will immediately notify FoodCorps if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. FoodCorps cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. FoodCorps reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
9. POSTINGS. This FoodCorps Website may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and display certain Postings. To the extent that the FoodCorps Website contains such communication forums (collectively, “Forums”), you agree that by using the FoodCorps Website you will not post or transmit any of the following materials on the FoodCorps Website’s Forums:
- anything that interferes with or disrupts the FoodCorps Website or the operation thereof,
- statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
- statements or material that violates other contractual or fiduciary rights, duties, or agreements,
- statements or material that is bigoted, hateful, or racially offensive,
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- statements or material that harms minors,
- statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of FoodCorps,
- statements or material that misrepresents your affiliation with any entity and/or FoodCorps,
- anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
- chain letters or pyramid schemes,
- statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
- statements or material that are “off-topic” for a designated Forum, and
- files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the FoodCorps Website.
As Forums may be public, the Authorized User experience is enhanced if you follow the foregoing and following guidelines. Please use netiquette. Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. FoodCorps encourages open and sincere communication, but urges all Authorized Users to remember that Forums are intended to be a resource for all.
10. PERMISSION TO USE POSTINGS. You represent that you have all necessary rights to make the Posting available to FoodCorps and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that FoodCorps has no control over the extent to which any idea or information may be used by any party or person once it’s posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the FoodCorps Website, FoodCorps has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, FoodCorps assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
11. NO PRE-SCREENING OF POSTINGS. FoodCorps is not responsible for screening, policing, editing, or monitoring your or another Authorized User’s Postings and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to FoodCorps’ right and ability to delete or remove a Posting (or any part thereof), FoodCorps does not endorse, oppose, or edit any opinion or information provided by you or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other Authorized User. Nevertheless, FoodCorps reserves the right to delete or take other action with respect to Postings (or parts thereof) that FoodCorps believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to FoodCorps or its products, services, and goodwill. If you violate this Agreement, FoodCorps may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the FoodCorps Website. Moreover, it is a policy of FoodCorps to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact FoodCorps as provided below.
12. PROPRIETARY RIGHTS. This Agreement provides only a limited license to access and use the FoodCorps Website. Accordingly, you expressly acknowledge and agree that FoodCorps transfers no ownership or intellectual property interest or title in and to the FoodCorps Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the FoodCorps Website, unless otherwise indicated, are owned, controlled, and licensed by FoodCorps and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, FoodCorps does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the FoodCorps Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that FoodCorps does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of FoodCorps’ trademarks. This FoodCorps Website is Copyright © 2013 FoodCorps, Inc. and/or its licensors. All rights reserved. FoodCorps also owns a copyright in the contents of the FoodCorps Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the FoodCorps Website. Any downloadable or printable programs, directories, databases, information, or materials available through the FoodCorps Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by FoodCorps. FoodCorps, Inc., FoodCorps, the FoodCorps logo, and all other names, logos, and icons identifying FoodCorps and its programs, products, and services are proprietary trademarks of FoodCorps, and any use of such marks, including, without limitation, as domain names, without the express written permission of FoodCorps is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
13. FEEDBACK AND SUBMISSIONS. FoodCorps welcomes your feedback and suggestions about FoodCorps’ programs, services, information, products, or the FoodCorps Website. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to FoodCorps, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to FoodCorps and enable FoodCorps to use such feedback. In addition, any feedback received through the FoodCorps Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for FoodCorps to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
14. LINKS TO OTHER SITES. FoodCorps may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by FoodCorps and are maintained by third parties over which FoodCorps exercises no control. Accordingly, FoodCorps expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Websites. Moreover, these links do not imply an endorsement with respect to any third party or any Website or the products or services provided by any third party.
15. THIRD-PARTY PRODUCTS/SERVICES. FoodCorps, in its sole discretion, may post the advertisements of third parties on the FoodCorps Website and/or feature materials, programs, products, and services provided by third parties. FoodCorps makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the FoodCorps Website are solely between you and such third party. Accordingly, FoodCorps expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the FoodCorps Website, and you agree that FoodCorps shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the FoodCorps Website.
16. DISCLAIMER. WHILE FOODCORPS ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE FOODCORPS WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. FOODCORPS IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE FOODCORPS WEBSITE. MOREOVER, FOODCORPS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE FOODCORPS WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE FOODCORPS WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE FOODCORPS WEBSITE. FOODCORPS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE FOODCORPS WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. FOODCORPS ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE FOODCORPS WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
17. LIMITATION OF LIABILITY. You expressly absolve and release FoodCorps from any claim of harm resulting from a cause beyond FoodCorps’ control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL FOODCORPS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE FOODCORPS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE FOODCORPS WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE FOODCORPS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FOODCORPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF FOODCORPS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE FOODCORPS WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO FOODCORPS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
18. INDEMNITY. You agree to defend, indemnify, and hold harmless FoodCorps and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this Agreement.
19. NOTICE OF SECURITY BREACH. In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by FoodCorps, you shall immediately (i) notify FoodCorps of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this Agreement at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform FoodCorps of the results of such investigation, (c) assist FoodCorps using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist FoodCorps as reasonably necessary to enforce FoodCorps’ rights and to enable FoodCorps to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
20. GOVERNING LAW. This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and FoodCorps each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of New York for any disputes between us under or arising out of this Agreement. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim you might have against FoodCorps must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys’ fees in any proceeding. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. FoodCorps makes no representation that the FoodCorps Website is appropriate or available for use in other locations outside the State of Maryland, and access to the FoodCorps Website from sates, territories, or nations where any aspect of the FoodCorps Website is illegal is prohibited. You access the FoodCorps Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the FoodCorps Website. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact FoodCorps if you wish to receive a printed copy of this Agreement.
21. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the FoodCorps Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. FoodCorps reserves the right to view, monitor, and record activity on the FoodCorps Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the FoodCorps Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the FoodCorps Website as well as to disclosures required by or under applicable law or related government agency actions. FoodCorps will also comply with all court orders involving requests for such information. In addition to the foregoing, FoodCorps reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the FoodCorps Website, or any portion of the FoodCorps Website, in order to protect the FoodCorps Website, FoodCorps, or FoodCorps’ business.
22. TERM AND TERMINATION. This Agreement and your right to use the FoodCorps Website will take effect at the moment you click “I ACCEPT” or you install, access, or use the FoodCorps Website and is effective until terminated as set forth below. This Agreement will terminate automatically if you click “I REJECT”. In addition, FoodCorps reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the FoodCorps Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this Agreement will also terminate automatically if you fail to comply with this Agreement, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the FoodCorps Website, but all applicable provisions of this Agreement will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the FoodCorps Website in your possession. In addition to the miscellaneous section below, the provisions concerning FoodCorps’ proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this Agreement for any reason.