LAST UPDATED July 9, 2011
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR THE SERVICE.
ACCEPTANCE OF TERMS
FoodHub provides a collection of online services on the Sites, including food producer, buyer, distributor and associate member profiles and directories, forums, posting/listing tools, advertising, dynamic search, various email services, promotional and marketing services, and educational and other content (referred to hereafter as "the Service"), which are provided subject to the TOU. By using or accessing the Sites or the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular FoodHub services, you agree to abide by any applicable posted guidelines for all FoodHub services.
Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with FoodHub in any way, your sole recourse is to discontinue use of FoodHub.
FoodHub has the right, but is not obligated, to enforce the TOU through a variety of means including without limitation self-help, community moderation, invoking its administrative privileges to delete, modify or change information and content provided by members, cancelling your membership and/or restricting your use of the Site, active investigation, litigation and prosecution. Enforcement of these TOU is solely at FoodHub's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these TOU do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content or conduct that is prohibited by the TOU.
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. FoodHub will provide notice of materially significant changes to this TOU by posting notice on the FoodHub site. Modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at http://www.food-hub.org/pages/terms-and-privacy.
FOODHUB IS MERELY A VENUE
The Site is an online communications platform for enabling connection and the exchange of information between food buyers, sellers and associate members and others dealing in food or agriculture. In addition, FoodHub may run advertisements and promotions from third parties on the Sites, host third-party content or otherwise provide information about or links to third-party products or services on the Site. However, FoodHub does not control or take part in the interaction between Members, and your business dealings or correspondence with, or participation in promotions of, other Members or any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such other Member or third party. Users do hereby represent, understand and expressly agree that FoodHub does not have control over the quality, condition, timing, safety, accuracy, labeling, price, suitability, legality or any other aspect whatsoever of the products or services actually delivered by its Members or site users, nor of the integrity, responsibility or any of the actions whatsoever of its Members or site users. FoodHub makes no representations about the quality, condition, price, suitability, reliability, timeliness, safety, and accuracy of the products, services or content provided by its Members or site users through the Site whether in public, private or offline interactions. FoodHub does not assume any responsibility or liability for any third party products, services or content, for the accuracy or reliability of any information provided by its Members or site users or for any loss or damage of any sort incurred as the result of any business dealings or interactions with other Members or third parties. FoodHub does not assume and expressly disclaims any liability that may result from the use of the information, products or services provided by its Members or site users. FoodHub is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. All site users, Members and nonmembers, expressly agree not to hold FoodHub (or Ecotrust's or FoodHub's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, or your employer, if you become a Member through your employer, hereinafter "Affiliates") liable for any instruction, advice, interaction, transaction, product or services delivered which originated through the Site, and FoodHub and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
You understand that all postings, messages, text, files, images, photos, graphics, video, sounds, music, data, information, applications, software, advertising, or other materials or content posted on, submitted to, transmitted through, or linked from the Service by you or other users ("User Content"), are the sole responsibility of the person from whom such User Content originated. More specifically, you are entirely and solely responsible for each individual item ("Item") of User Content that you post, submit, email, link to or otherwise make available via the Service and for ensuring that such Items meet the User Content rules set forth below. You understand that FoodHub does not control, and is not responsible or liable in any manner for any User Content posted or made available through the Sites or the Service, and that by using the Service, you may be exposed to User Content that is inaccurate or misleading. You use the Sites and the Service at your own risk.
Furthermore, the FoodHub site and Content available through the Service may contain links to other websites, which are completely independent of FoodHub. FoodHub makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will FoodHub be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that FoodHub does not pre-screen or approve Content, but that FoodHub shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
FoodHub has no obligation to screen, edit or monitor any of the User Content made available on or through the Sites or the Service. However, FoodHub reserves the right, and has absolute discretion, to screen, monitor, edit, modify, correct or remove any User Content (including without limitation, photos, videos, product information, profiles, and advertising) posted or submitted to the Sites at any time and for any reason in its sole discretion, with or without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
USER CONTENT RULES; CODE OF CONDUCT
You agree not to post, upload, transmit, email, or otherwise make available on or through the Sites and the Service any User Content:
- that is unlawful, illegal, harmful, threatening, abusive, inflammatory, harassing, defamatory, libelous, invasive of another's privacy or publicity rights, or is harmful to minors in any way;
- that is profane, vulgar, obscene, pornographic, indecent, lewd, suggestive, or deemed offensive in the sole discretion of FoodHub;
- that infringes or violates any patent, trademark, trade secret, copyright or other proprietary rights of any third party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- that, in the sole judgment of FoodHub, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose FoodHub or its users to any harm or liability of any type.
Further, you agree to not:
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by FoodHub
- attempt to gain unauthorized access to FoodHub's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the FoodHub website; or
- use any form of automated device or computer program that enables the submission of postings on FoodHub without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
- use the Sites or the Service in any manner that could interfere with, disrupt, negatively affect or prohibit other users from fully enjoying the Sites or the Service or that could damage, disable, overburden or impair the functioning of the Sites or the Service in any manner;
- stalk, threaten, abuse, intimidate, impersonate or otherwise harass or cause discomfort to other users or third parties;
- use the Site for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms.
You are solely responsible for your conduct while on the Sites, using the Service, and interacting with other Members, and you acknowledge and agree that FoodHub is not responsible or liable in any manner for the conduct of other users, Members or third parties in connection with the Sites or the Service.
As it relates to products, you agree to:
- abide by all local, state and federal guidelines and regulations for any products promoted or listed on FoodHub, including but not limited to proper labeling and acquiring all necessary licenses, permits and other legal documentation required for the sale of any products you offer on FoodHub.
Any failure to comply with the User Content or user conduct rules set forth above is a violation of these TOU and may result in, among other things, termination or suspension of your rights to use the Sites and the Service.
PROVENANCE OF PRODUCTS
The mission and spirit of FoodHub is to create economic opportunity for local producers in their regions. We also believe the definition of "local" to be highly subject to interpretation by every individual buyer, seller, distributor and associate. For the purposes of clear communication, you must clearly and prominently specify in the narrative portion of your profile any products not grown, produced or manufactured by you, and, to the best of your knowledge, explain the provenance of such products.
THIRD PARTY CONTENT, SITES, AND SERVICES
The FoodHub site and User Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of FoodHub, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions and business dealings with organizations and/or individuals found on or through the Sites or the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that FoodHub shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that FoodHub is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release FoodHub and Ecotrust, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
SITES LINKING TO THIS SITE
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites, provided such link does not suggest or imply Food Hub's endorsement or approval of any product, position, entity, or individual or portray FoodHub or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a FoodHub logo or other proprietary graphic of FoodHub to link to this Site, except as expressly permitted by FoodHub. Further, you may not use, frame or utilize framing techniques to enclose any FoodHub trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without FoodHub's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of FoodHub or any third party.
ACCOUNT REGISTRATION AND SECURITY
You may need to create an account to access some features or areas of this site. When creating your account, you must provide accurate, current and complete information. You must also maintain and promptly update the account data you provide to FoodHub to keep it accurate, current and complete; You are solely responsible for any and all uses of your account, and you must keep your password secure. You may never use the account of another user. You must notify Ecotrust immediately if you suspect any unauthorized use of your account. Although Ecotrust will not be liable for any unauthorized use of your account, you may be liable for the losses of Ecotrust or others due to such unauthorized use.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to FoodHub email addresses or through FoodHub computer systems in violation of state, federal or local law is expressly prohibited by these Terms. Any unauthorized use of FoodHub computer systems is a violation of these Terms and certain federal and state laws, including, without limitation, the Computer Fraud and Abuse Act (18 U.S.C. A § 1030 et seq). Such violations may subject the sender and his or her agents to civil and criminal penalties.
LIMITATIONS ON SERVICE; MODIFICATION OR DISCONTINUATION OF SERVICE
You acknowledge that FoodHub may from time to time establish limits concerning use of the Service, including the maximum number of days that User Content will be retained by the Service, the maximum number and size of postings, email messages, or other User Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that FoodHub has no responsibility or liability for the deletion or failure to store any User Content maintained or transmitted by the Service.
You further acknowledge that FoodHub reserves the right at any time to modify, suspend or discontinue the Service (or any part thereof) or any features or content available through the Sites or the Service with or without notice. You understand and agree that FoodHub will have no obligation or liability to you in such event, except that if you have subscribed to an All-Access Plan membership, FoodHub will, upon written request, provide a pro-rated refund of the fees paid for the period of subscription for which no service shall be provided as a result of a discontinuation of Service by FoodHub.
LICENSE AND ACCESS TO THE SERVICE
Use of the Service beyond the scope of authorized access granted to you by FoodHub immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any User Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from FoodHub.
TERMINATION OF MEMBERSHIP OR ACCESS TO SERVICE
You agree that FoodHub, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate or suspend your membership and/or your access to or use of the Sites and the Service (or any part thereof), immediately and without notice, and remove and discard any User Content within the Service, for any reason or for no reason, including, without limitation, if FoodHub believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that FoodHub shall not be liable to you or any third-party for any such termination or suspension of your membership or your access to the Service. In the event of any such termination, your license to the Sites and the Service will be terminated, and you agree not to attempt to access or use the Sites or the Service after said termination, but the other terms of the TOU will continue to apply.
The Sites and the Service, and all content and materials contained therein, including, without limitation, the FoodHub logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are protected to the maximum extent permitted by copyright laws and international treaties. Site Materials displayed on or through the Service are protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of FoodHub. You further agree not to reproduce, duplicate or copy Site Materials from the Service without the express written consent of FoodHub, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
FOODHUB, WHERE FOOD PEOPLE CONNECT AND DO BUSINESS, the FoodHub logo and any other product or service name, logo or slogan of FoodHub contained on the Sites or used in connection with the Service, together with the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, are the trademarks, service marks and trade dress of FoodHub (the "FoodHub Marks") and may not be copied, imitated or used, in whole or in part, without the prior written permission of FoodHub. You may not use any metatags or any other "hidden text" utilizing "FoodHub" or any other FoodHub Marks without our prior written permission. All other trademarks, service marks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference on the Sites by FoodHub to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Except for Feedback (as defined below) and as otherwise expressly provided on the Sites or in any separate agreement, FoodHub does not claim ownership of User Content that its users post on the Sites. By posting or submitting any User Content , you automatically grant, and you represent and warrant that you have the right to grant, to FoodHub an irrevocable, perpetual, sublicensable, non-exclusive, royalty-free, worldwide right and license to use, publish, translate, copy, perform, display, distribute and otherwise use said User Content and to adapt and prepare derivative works of, or incorporate into other works, said User Content on or in connection with the Sites and the Service and the promotion thereof. Furthermore, by posting User Content to any public area of the Service, you automatically grant FoodHub all rights necessary to authorize or prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content on the Sites or the Service by any party for any purpose. You also grant FoodHub the right to use your name, likeness, voice or identity in connection with your User Content, if we choose. You understand and agree that the use of your or other users name, likeness, voice or identity in connection with various features on the Site does not imply any endorsement of such feature or of the Site of the FoodHub unless explicitly stated otherwise.
You acknowledge and agree that any questions, comments, feedback, suggestions, ideas, plans, notes, drawings, information or other content or materials you submit regarding the Sites, FoodHub or any FoodHub products or services (collectively the "Feedback"), whether provided by you in the form of email or other submissions to FoodHub or any postings on the Sites or in connection with the Service, are non-confidential and shall become the sole property of FoodHub. FoodHub shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Sites or the Service infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Deborah Kane
Full Address of Designated Agent to Which Notification Should be Sent: 721 NW Ninth Avenue, Portland, OR 97209
Facsimile Number of Designated Agent: 509.222.1517
Telephone Number of Designated Agent: 503.467.0763
E-Mail Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE FOODHUB SITES AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE FOODHUB SITES AND THE SERVICE AND ALL SITE MATERIALS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODHUB DISCLAIMS ANY WARRANTIES: (A) FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, RELIABILITY AND PERFORMANCE OF THE FOODHUB SITE AND THE SERVICE, (B)FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FOODHUB SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE FOODHUB SITE, (C) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE FOODHUB SITE OR THE SERVICE, OR (D) THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FOODHUB OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE AND EVEN IF FOODHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RESULTING FROM ANY ASPECT OF YOUR USE OF OR INABILITY TO USE THE FOODHUB SITES OR THE SERVICE OR ANY CONTENT OR INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM THE OPERATION OF THE SITE OR THE SERVICE, THE RELIANCE BY USER ON ANY INFORMATION OBTAINED THROUGH THE SITES OR THE SERVICE OR ANY TRANSACTIONS, DEALINGS OR INTERACTIONS WITH THIRD PARTIES THAT WERE INITIATED, LOCATED OR FACILITATED THROUGH THE SITES OR THE SERVICE. . SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FOODHUB SITE OR THE SERVICE OR ANY LINKS ON THE FOODHUB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FOODHUB SITE OR THE SERVICE OR ANY LINKS ON THE FOODHUB SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FOODHUB, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FOODHUB FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to defend, indemnify and hold FoodHub and Ecotrust, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any and all claims, damages, liabilities, costs or demands, including reasonable attorney fees and court costs, made by any third party due to or arising out of User Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, your violation of any rights of another, your conduct relating to the Sites and the Service, any products or services your list or promote through the Sites and the Service, and any interactions, transactions or dealings your have with other Members or users of the Sites and the Service.
The TOU, together with any other terms that are incorporated herein, constitute the entire agreement between you and FoodHub and govern your use of the Service, superseding any prior agreements between you and FoodHub. The TOU and the relationship between you and FoodHub shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and FoodHub agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Multnomah, Oregon. The failure of FoodHub to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
QUESTIONS AND COMMENTS
We welcome your questions and comments on this document. Please use the Feedback button at left to share any thoughts.
For paid membership plans, your membership plan will be automatically renewed at the end of each term on the same numerical day the membership plan was activated (or on the last day of the month if there isn't the same numerical day for a given month) unless you have cancelled your membership as set forth above or you provide notice of nonrenewal to FoodHub by accessing the "My FoodHub" section of the site (www.food-hub.org/dashboard) or by sending written notice of nonrenewal to email@example.com at least 24 hours prior to the end of the prior term. For example, for monthly membership plans, if you activate the membership plan on the 15th of the month, the plan will renew on the 15th day of each month thereafter unless you have provided at least 24 hours prior notice of nonrenewal. For annual plans, if you activate the membership plan on June 15th of a given year, the plan will renew on June 15th of each year unless you have provided notice of nonrenewal at least 24 hours prior to such renewal date.
We reserve the right to change our membership fees and the terms, service and features of our membership plans at any time without notice by posting such changes to the Sites. All such changes to membership plan pricing shall be applicable to any renewal term, and you are responsible for reviewing the terms prior to the end of the previous term.
ALL-ACCESS PLAN MONEY BACK GUARANTEE.
ADVERTISING, SPONSORSHIPS AND OTHER FEE-BASED SERVICES.
GENERAL PAYMENT TERMS
Payments for paid membership plans or Fee-Based Services shall be made by the payment methods designated on the Sites. All amounts payable by you that are not paid within thirty (30) days of the due date shall bear interest at the rate of one percent (1%) per month or the highest rate permitted by applicable law, whichever is less, determined and compounded daily from the date due until the date paid. Your payment of such late fees shall not excuse or cure any breach or default for late payment. All amounts payable under this Agreement are denominated in United States dollars and each party shall pay all amounts payable under this Agreement in lawful money of the United States.
Last Revised: July 10, 2011
What Is Personal Information?
As used herein, the term "personal information" means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, e-mail address, or credit card number), or information about that individual that is directly linked to personally identifiable information. Personal information does not include "aggregate" information, which is data we collect about the use of the Site or about a group or category of services or users, from which individual identities or other personal information has been removed. This Policy in no way restricts or limits our collection and use of aggregate information.
What Information Do We Collect?
Active Collection: We collect information from you in various ways when you use the Sites and the Service. For example, we collect information you voluntarily provide to us, such as when you create an account, send us an email, fill out a form, provide or request information, or purchase advertising or other items or fee-based services. Such information may include personal information, such as your name, email, address, telephone number, and credit card number. Personal and demographic information may also be collected if you provide such information in connection with creating a profile, leaving comments, posting content, sending an email or message to another user or participating in any interactive forums or features on the Sites. In addition, from time to time we may collect demographic, contact or other personal information you provide in connection with your participation in surveys, sweepstakes, contests, games, promotional offers, and other activities on the Sites.
Passive Collection: When you use the Sites, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring web site, and your activity on the Sites. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only.
We may also automatically collect certain information through the use of "cookies." Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us improve our Sites and your experience. If we link cookies to any personally identifying information, we will treat this information as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to remove or reject cookies, this could affect certain features or Services on our Sites.
We may use Web beacons or similar technology on the Sites. Web beacons are small, invisible graphic images that may be used on the Sites or in emails relating to the Sites to collect certain information and monitor user activity on the Sites, such as to count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.
We may store and process personal information in the United States and other countries.
How Do We Use the Personal Information We Collect?
We use personal information collected through our Sites and Service for the purposes described in this Policy or elsewhere on the Sites. For example, we may use personal information we collect:
- to operate the Service to provide any products, services or information you request, and to process and complete any transactions in connection therewith;
- to request feedback and to otherwise contact you about your use of the Sites and the Service;
- to respond to your emails, submissions, questions, comments, requests, and complaints and provide customer service;
- to monitor and analyze site usage and trends, and to personalize and improve the Service, the Sites and our users' experiences on the Sites and with the Service, such as providing ads, content, or features that match their profiles or interests, and to increase the Sites' functionality and user friendliness;
- to provide you with news and information about the Service and about our or third party events, activities, offers, promotions, products, and services we think will be of interest to you;
- to send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Sites;
- to notify you about important changes to our Sites and the Service;
- to notify and contact contest and sweepstakes entrants; and
- for any other purpose for which the information was collected.
We may store and process personal information in the United States and other countries.
What Personal Information Do We Share With Third Parties?
We will not share the personal information we collect from you through the Sites or the Service with any third parties, except as described in this Policy or on the Sites. For example, we may share personal information as follows:
- with vendors, consultants, and other service providers ("Service Providers") who are engaged by or working with us in connection with the operation of the Sites or the services we provide and who need access to such information to carry out their work for us;
- when you give us your consent to do so, including if we notify you on the Sites that the information you provide will be shared in a particular manner and you provide such information;
- in an aggregated or anonymized form that does not directly identify you;
- when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests or legal authorities, including responding to lawful subpoenas, warrants, or court orders and reporting to relevant federal and state agencies;
- when we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to protect the rights, property, or safety of FoodHub, our users, our employees, copyright owners, third parties or the public, including without limitation to protect FoodHub or our users from fraudulent, abusive, inappropriate, or unlawful use of our Sites;
- in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of the business assets of FoodHub.
In addition, we share certain member information, such as member name, contact info, products produced and certifications held, about Oregon based FoodHub members with the Oregon Department of Agriculture ("ODA") so that it can, from time to time, make FoodHub users aware of certain ODA programs or funding opportunities. This information may include personal information, such as contact names. Oregon based FoodHub members may opt out of this by sending a written request to FoodHub Privacy c/o Ecotrust, 721 NW Ninth Ste. 200, Portland, OR 97209 or by emailing us at firstname.lastname@example.org with the subject line ODA Opt Out .
You understand that when you use the Sites and the Service, any personal information you : post in your profile, comments, listings, public or private groups, forums and other interactive areas of the Sites, as well as any information you share with individuals through the Sites or share through social network sites, will be available to other users and in some cases may be publicly available. We recommend you be cautious about giving out personal information to others or sharing personal information in public or private online forums.
We are not responsible for the actions of Service Providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties, and we encourage you to become familiar with their privacy practices before disclosing information directly to any such parties. Nothing herein restricts the sharing of aggregated or anonymized information, which may be shared with third parties without your consent.
Links to Other Websites
What Steps Do We Take To Protect Your Information Online?
We take reasonable measures designed to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission that can be guaranteed against any interception or other type of misuse. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our web site by any person using your password. Please advise us immediately if you believe your password has been misused.
What Choices Do You Have Regarding the Use of Your Information?
You may "opt out" of receiving marketing or promotional emails from us by following the instructions in those emails. You may also opt out of such marketing emails by going to www.food-hub.org and then clicking on My FoodHub and then My Account. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. Oregon based FoodHub members may opt out of having certain membership information shared with the ODA by sending a written request to FoodHub Privacy c/o Ecotrust, 721 NW Ninth Ste. 200, Portland, OR 97209 or by emailing us at email@example.com with the subject line ODA Opt Out.
If you have any questions about this Policy, please contact us at firstname.lastname@example.org orEcotrust.
721 NW Ninth Avenue, Suite 200
Portland, OR 97209