FOODCORPS TERMS OF USE
Effective date: June 24, 2026
Last Updated: June 24, 2026
Welcome to the FoodCorps website. These Terms of Use constitute a legally binding agreement between you and FoodCorps, Inc. (“FoodCorps,” “we,” “us,” or “our”), a 501(c)(3) nonprofit organization. These Terms of Use govern your access to and use of www.foodcorps.org and all related websites, services, content, and functionality provided by FoodCorps (collectively, the “Services”) whether as a guest, member, applicant or a registered community user. These Terms of Use incorporate and include our Privacy Policy (https://foodcorps.org/privacy-policy/) by reference. By accessing, browsing, or using our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you are not authorized to access or use the Services and must discontinue use immediately.
This Service 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 our Services, 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 our Services.
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 our Services 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.
ARBITRATION NOTICE
Except for certain kinds of disputes described in Section 19, you agree that disputes arising under these Terms of Use will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS OF USE, YOU WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court).Your rights will be determined by an arbitrator and NOT a judge or jury.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.
- Accessing the ServicesFoodCorps provides various Services and features through our website and related third party platforms, all of which are offered at our sole discretion and subject to modification, restriction, or discontinuation at any time without prior notice. The Services may include, but are not limited to: (a) general website access and informational content about our mission, programs, and impact; (b) service member application processing and recruitment services; (c) Alumni Connect community platform access for eligible current and former service members, supervisors, and other authorized users; (d) donation processing and fundraising services through third-party payment providers; (e) newsletter subscriptions and email communications; (f) educational resources, materials, and downloadable content; (g) webinars, virtual events, and online training programs; (h) advocacy tools and features for contacting political representatives and engaging in policy initiatives; (i) member and alumni account creation and profile management; (j) community forums and interactive features for registered users; and (k) any other services, content, or functionality that we may offer from time to time.We reserve the right to withdraw or amend any Service or materials that we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Service, to users, including registered users.To access certain Services, or some of the resources we offer, you may be asked to provide registration details or other information. It is a condition of your use of the Services that all the registration information that you provide is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is collected, processed and shared in accordance with our Privacy Policy.If you choose, or are provided with, a username, 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 the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to your account, use of your username or password, or any other breach of security. We have the right to disable any username, 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.
- FoodCorps Intellectual Property RightsThe Services 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 Services (and any and all content available therein) 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 Services, except as follows: (a) your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your web browser for display enhancement purposes; (c) you may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution; (d) 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; (e) 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, and are prohibited from: (i) modifying copies of any materials from the Services; (ii) using any illustrations, photographs, video or audio sequences, or any graphics without our permission; and © deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.You must not access or use for any commercial purposes any part of the Services (or any or all content available therein) or any services or materials available through the Services.If you wish to make any use of material available as part of our Services 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 Services in breach of the Terms of Use, your right to use the Services 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 Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by FoodCorps. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
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 within the Services are the trademarks of their respective owners.
- Prohibited UsesYou may use Services only for lawful purposes and in accordance with these Terms of Use. You agree not to (a) use the Services 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); (b) use the Services 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; (c) use the Services 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; (d) use the Services to impersonate or attempt to impersonate FoodCorps, a FoodCorps employee, another user, or any other person or entity; (e) use the Services to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm FoodCorps or users of the Services, or expose them to liability; (f) use the Services to engage in any conduct which is or could be considered obscene, harmful, or harassment; (g) disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services; (h) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (i) use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (j) use any device, software, or routine that interferes with the proper working of the Services; (k) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (l) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are hosted from, or any server, computer, or database connected to the Services; (m) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; and (n) otherwise attempt to interfere with the proper working of the Services.
- User ContributionsThe Services 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 (“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 FoodCorps and its successors and assigns an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, perform, and otherwise use any and all User Contributions that you share, post, or transmit via Services in any manner and for any purpose.You represent and warrant that: (a) 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; and (b) 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 Services.
- User Contributions Content StandardsThese content standards apply to any and all User Contributions and use of interactive portions of the Services (including but not limited to, the Alumni Connect community platform, Slack channels, forums, social media pages, and any other FoodCorps-administered platforms or communication channels). FoodCorps has the sole and absolute discretion to determine whether any User Contribution violates these standards, and such determination shall be final and binding. Violations of these standards may result in immediate removal of content, suspension or termination of your account and access to the Services without prior notice, and potential legal action. We reserve the right to remove any User Contribution at any time for any reason or no reason, with or without explanation or notice.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: (a) contain any material that is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on gender, identity, race, sex, religion, nationality, disability, sexual orientation, or age; (c) infringe any right of publicity, right of privacy, patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (d) 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; (e) attempt to deceive or be likely to deceive any person; (f) promote, advertise, solicit or facilitate any illegal activity, or advocate, promote, or assist any unlawful act; (g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (i) involve commercial activities or sales, including but not limited to contests, sweepstakes, and other sales promotions, barter, or advertising; (j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; (k) disclose, share, or disseminate any confidential, proprietary, or non-public information about FoodCorps, its operations, programs, employees, service members, partners, or donors, or any other third party without express written authorization from FoodCorps or the third party (as applicable), or disparage FoodCorps in any manner; (j) share, publish, or disclose personal, private, or confidential information about other users or third parties without their consent, including but not limited to addresses, phone numbers, email addresses, Social Security numbers, or other identifying information (e.g., doxxing); (l) constitute spam, repetitive posting, mass messaging, chain letters, or any other form of unsolicited or excessive communication; (m) contain or promote content related to political campaigns or partisan political activities, distinct from FoodCorps’ authorized advocacy initiatives; or (n) otherwise violates these Terms of Use, disrupts the Services, or interferes with other users’ ability to enjoy and use the Services.Further, we reserve the right to take down any content that we deem to be false or misleading and/or suspend your access to the Services if we believe that you are intentionally sharing false or misleading information.
- Monitoring and Enforcement; TerminationFoodCorps has no obligation to monitor, review, or screen User Contributions, but we reserve the right to do so at any time and for any reason in our sole discretion. We may use automated tools, artificial intelligence, algorithms, or other technological means to screen, filter, or analyze User Contributions for various reasons, including potential violations of these standards. You acknowledge and agree that you have no expectation of privacy with respect to any User Contribution you submit, and that FoodCorps may review, access, preserve, and disclose such content as we deem necessary or appropriate. Repeated or serious violations of these content standards may result in permanent suspension or termination of your account and access to all Services. FoodCorps’ decisions regarding content violations, enforcement actions, and account status are final and not subject to appeal.However, we expressly reserve the right to: (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) 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 Services or the public, or could create liability for FoodCorps; (c) 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; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; (e) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use; and (f) 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 Services.YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE, RELEASE, AND FOREVER DISCHARGE FOODCORPS, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “FOODCORPS PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) ANY CONTENT MODERATION DECISIONS, INCLUDING THE REMOVAL OR NON-REMOVAL OF ANY USER CONTRIBUTIONS OR OTHER CONTENT; (B) ANY DECISIONS REGARDING ACCOUNT SUSPENSION, TERMINATION, RESTRICTION, OR REINSTATEMENT; (C) ANY DISCLOSURE OF YOUR INFORMATION, IDENTITY, OR USER CONTRIBUTIONS TO THIRD PARTIES, LAW ENFORCEMENT, OR GOVERNMENTAL AUTHORITIES; (D) ANY ENFORCEMENT ACTIONS OR DECISIONS TAKEN UNDER THESE TERMS OF USE; (E) ANY DECISIONS REGARDING YOUR ACCESS TO OR USE OF THE SERVICES; (F) ANY INVESTIGATIONS CONDUCTED BY FOODCORPS OR LAW ENFORCEMENT AUTHORITIES; OR (G) ANY OTHER ACTIONS OR DECISIONS TAKEN BY THE FOODCORPS PARTIES IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE. THIS RELEASE INCLUDES CLAIMS FOR BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF FIDUCIARY DUTY, VIOLATION OF STATUTORY RIGHTS, VIOLATION OF CIVIL RIGHTS, DEFAMATION, INVASION OF PRIVACY, AND ANY OTHER LEGAL OR EQUITABLE THEORY OF RECOVERY. YOU UNDERSTAND THAT YOU MAY HEREAFTER DISCOVER CLAIMS OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH YOU NOW KNOW OR BELIEVE TO EXIST WITH RESPECT TO THE SUBJECT MATTER OF THIS RELEASE, BUT YOU HEREBY WAIVE AND FULLY, FINALLY, AND FOREVER SETTLE AND RELEASE ANY AND ALL SUCH CLAIMS, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED. YOU HEREBY WAIVE THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
- Copyright Infringement; DMCA Safe HarborIf 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 Services 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”): (a) 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; (b) 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 Services or the exact location where such material may be found; (c) provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address; (d) Include both of the following statements in the body of the Notice: (i) “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)”; and (ii) “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.”; and (e) 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 7th Ave, Suite 110
Portland, OR 97214-4161 - Reliance on Information Posted
The information presented on or through the Services 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 Services, or by anyone who may be informed of any of its contents. The Services 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 ServicesWe may update the content on the Services from time to time, but we do not represent that any content is complete or up-to-date. Any of the material available through the Services may be out of date at any given time, and we are under no obligation to update such material.
- PurchasesWe may offer merchandise, products, and other items for purchase through our Services from time to time in our sole discretion. All purchases are subject to the following terms, which are in addition to all other provisions of these Terms of Use.We use a third party ecommerce platform to facilitate merchandise and product purchases. The third party platform’s terms and conditions apply to your purchases, including with respect to fees charged, returns, shipping and returns, refunds, or exchanges.Product availability, descriptions, images, and pricing are subject to change at any time without notice in our sole discretion. We, or our third party ecommerce platform provider, reserve the right to limit quantities, refuse or cancel orders, and discontinue any product or service at any time for any reason without liability. Product images and descriptions are for illustrative purposes only and may not exactly reflect the actual product you receive. Minor variations in color, size, design, or other characteristics are not grounds for return, refund, or exchange. All prices are as displayed at the time of checkout, and we reserve the right to change prices without notice, though you will be charged the price displayed when you complete your order.We use third-party payment processors to handle transactions. You are responsible for any payment processing fees, taxes, or other charges associated with your purchase, including any additional charges from the ecommerce platform provider (e.g., additional donations may apply).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING MERCHANDISE OR PRODUCTS SOLD THROUGH OUR SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Our total liability for any merchandise or products shall not exceed the purchase price paid for such products, and we shall have no liability for any indirect, incidental, special, consequential, or punitive damages arising from product purchases or use.
- DonationsWe allow individuals to make donations through the Services. 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 Services. We use third party payment providers to process donations made via the Services. We may disclose information about donors with our third party service providers and the Internal Revenue Service, or as required by applicable law.
- LinkingYou 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.
If the Services 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 from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. - Social Media FeaturesThe Services may include social media features, sharing buttons, widgets, plugins, feeds, and integrations with third-party social media platforms including but not limited to Facebook, Instagram, Twitter, LinkedIn, YouTube, and other social networks (collectively, “Social Media Features”). Social Media Features may enable you to link your account with social media platforms, share content from the Services to social media, display social media content within the Services, or otherwise interact with third-party social media platforms. By using any Social Media Features, you acknowledge and agree that: (a) your use of Social Media Features is subject to and governed by the applicable third-party platform’s terms of service, privacy policy, and other policies, which you are solely responsible for reviewing and accepting; (b) FoodCorps has no control over, responsibility for, or liability whatsoever regarding any third-party social media platform, including its operation, functionality, availability, security, content, policies, practices, or data handling; (c) FoodCorps does not endorse, verify, guarantee the accuracy of, or assume any responsibility for any content, information, materials, or communications shared via Social Media Features or displayed from third-party platforms; (d) you grant FoodCorps and its successors and assigns an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, perform, and otherwise exploit any and all content that you share, post, or transmit via Social Media Features in any manner and for any purpose; (e) FoodCorps may disable, remove, modify, or discontinue any or all Social Media Features at any time without notice or liability; and (f) FoodCorps disclaims all liability and responsibility for any issues, damages, losses, or claims arising from or related to your use of Social Media Features, third-party social media platforms, or any content shared via such features, including but not limited to platform outages, changes to platform terms or functionality, data breaches, unauthorized access, content removal, account suspension, or any other matters related to third-party platforms link from your own or certain third-party websites to certain content on the Services; or (g) send messages or other communications with certain content, or links to certain content, through the Services. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with.
- Messaging FeaturesThe Services may include certain messaging channels or features, and you may use these features solely as they are be provided through or hosted on third-party platforms not owned, controlled, or operated by us FoodCorps, including but not limited to Slack and other third-party communication platforms (collectively, “Third-Party Messaging Platforms”). Your use of any Third-Party Messaging Platform is subject to and governed by that platform’s separate terms of service, privacy policy, acceptable use policy, and other terms and policies, which you are solely with respect responsible for reviewing, understanding, and complying with. You acknowledge and agree that: (a) FoodCorps has no control over, responsibility for, or liability whatsoever regarding any Third-Party Messaging Platform, including its operation, functionality, performance, availability, security, reliability, data handling practices, privacy practices, content moderation, or any other aspect; (b) FoodCorps is not responsible for and makes no warranties or representations regarding the security, confidentiality, or privacy of any communications or data transmitted through or stored on Third-Party Messaging Platforms; (c) FoodCorps may lose access to, or be unable to retrieve, preserve, or provide access to communications or data stored on Third-Party Messaging Platforms at any time, including if the content they third-party platform terminates its relationship with FoodCorps, changes its terms, experiences technical failures, or for any other reason; (d) you must comply with all terms, policies, and requirements of any Third-Party Messaging Platform you use; (e) any disputes, issues, or claims arising from or related to Third-Party Messaging Platforms are displayed between you and the third-party platform provider, not FoodCorps; and (f) FoodCorps expressly disclaims all liability, responsibility, and warranties of any kind regarding Third-Party Messaging Platforms, and you use such platforms entirely at your own risk.
- Geographic RestrictionsWe provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States.
- Disclaimer of WarrantiesYOUR USE OF THE SERVICES, ITS CONTENT, USER CONTRIBUTIONS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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 COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER FOODCORPS NOR ANYONE ASSOCIATED WITH FOODCORPS REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR CONTENT OR MATERIALS OBTAINED THROUGH THE SERVICES 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.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.You understand that we cannot and do not represent, warrant or guarantee that files available for downloading from the internet or the Services 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. - Limitation on LiabilityTO 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 SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT, INFORMATION, PRODUCTS, MERCHANDISE, USER CONTRIBUTIONS OR SUCH OTHER MATERIALS MADE AVAILABLE OT YOU, 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. - IndemnificationYou 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 Services, including, but not limited to, your User Contributions, any use of the any content, materials, information, services, merchandise or products obtained from the Services.
- Dispute Resolution and ArbitrationIn the interest of resolving disputes in the most expedient and cost effective manner, and except as described below, you agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.Despite the above paragraph, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 19 within 30 days after the date that you agree to these Terms by sending a letter to the address in the Contact Use section below that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once we receive your Opt-Out Notice, this Section 19 will be void and any action arising out of these Terms will be resolved as set forth in below. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.Any arbitration will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our address for Notice is: as set forth in the Contact Us section below. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, either party may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by a party must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
Payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Multnomah County, Oregon, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
THE PARTIES EACH AGREE THAT THEY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If we make any future change to this arbitration provision, other than a change to the address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account within the Services will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If this Section 19 is found to be unenforceable, or if we receive an Opt-Out Notice from you, then the entirety of this Section 19 will be null and void and, in that case, exclusive jurisdiction shall be governed by the laws of the State of Oregon without regard to conflict of law principles, and the parties submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Multnomah County, Oregon for resolution of any lawsuit or court proceeding permitted under these Terms of Use.
- Limitation on Time to File ClaimsANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES 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 SeverabilityNo 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 AgreementThe Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and FoodCorps, Inc. regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.We reserve the right to change or modify these Terms of Use at any time by posting a revised Terms of Use to the same URL.
- Contact UsThe Services are operated by FoodCorps, Inc. You may communicate with us by mailing:FoodCorps Inc.
Attn: Communications Department
1140 SE 7th Ave, Suite 110
Portland, OR 97214-4161All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@foodcorps.org