LEGAL DISclosure and TERMS of use

Terms of Use Agreement last revised August 1, 2016.

PLEASE READ THIS AGREEMENT CAREFULLY. This Terms of Use Agreement (the "Terms of Use" or "Agreement") applies to the following sites: foodrecoverynetwork.org, foodrecoverycertified.org, and any other websites owned or operated by the Food Recovery Network (“FRN”), including mobile sites and apps (collectively, the "Sites"). This Agreement is between you and FRN and governs the terms and conditions applicable to your access and use of the Sites and FRN’s services. These Terms of Use apply to all visitors, users, and others who access or use the Sites.

Additionally, Squarespace, Inc. is a third-party beneficiary to these Terms of Use. This third party beneficiary is not a party to this contract. Your access to the Site is also subject to terms set forth in Squarespace's Terms of Service. By accessing or using the Sites, you agree to be bound by this Agreement, FRN’s Privacy Policy, and Squarespace’s Terms of Service which are hereby incorporated in this Agreement. If you do not agree with these policies, do not use the Sites.

FRN reserves the right to block your access to the Sites and may discontinue or restrict your use of the Sites for any reason.

CHANGES. FRN may revise this Agreement at any time by posting the amended Terms of Use at this location. You agree that you will be bound by any changes to the Terms of Use. For your convenience, the date of last revision is included at the top of this page. FRN may make changes in the services described on the Sites at any time. Your continued use of the Sites after changes have been posted will constitute your acceptance of this Agreement and any changes.

LICENSE FOR USE OF MATERIALS ON THE SITES. The content on the Sites includes, but is not limited to, text, graphics, images, photographs, illustrations, maps, trademarks, tradenames, service marks, logos, information obtained from FRN’s licensors and other materials (“Content”). Title to the Content on the Sites remains with FRN. FRN invites you to view and use a single copy of the materials obtained from the Sites for your personal, non-commercial use. Except as expressly permitted on the Sites, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from the Sites. No graphics, photographs or other visual elements obtained through the Sites may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or FRN. You are not permitted to use the materials on the Sites except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage the Sites. You may not, without FRN’s written permission, “mirror” any Content contained in the Sites or any other server.

THIRD PARTY SERVICES AND CONTENT. The Sites may be made available or accessed in connection with third party services and content (including advertising) that FRN does not control. Our Sites may contain links to other websites provided by third parties. Please be aware that we do not control these third party content , including third party websites or any of the content contained therein. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. FRN does not endorse such third party services and content and in no event shall FRN be responsible or liable for any products or services of such third party providers. Once you have left our Sites, we cannot be responsible for the privacy practices of such other websites. We encourage you to exercise caution and to read the privacy policy for the website you visit. The inclusion of hyperlinks to third party websites on our Sites in no way constitutes an endorsement by us of such websites’ content, actions or policies.

RIGHTS GRANTED TO FRN IN CONTENT POSTINGS AND OTHER USER SUBMISSIONS. The FRN blog (“Blog”) provides the opportunity to share knowledge and post other helpful or meaningful information. By submitting content or information of any type to the Sites or Blog (a "Posting"), you automatically grant FRN a royalty-free, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works 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. You also acknowledge that such submissions are non-confidential for all purposes. FRN may delete any content for any reason, including content that, in FRN's sole judgment, is offensive, illegal or violate the rights, harm, or threaten the safety of any person. FRN has the right, but does not assume the responsibility, for monitoring the Sites for inappropriate content. You are solely responsible for the content of any Postings.

COMMUNITY RULES. You agree that by using the Blog you will not post or transmit any of the following materials:

• Anything that interferes with or disrupts the Blog, the Sites, or the operation thereof;

• Statements about candidates for political office;

• Statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others;

• Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights or trade secrets of another;

• Statements or material that violates other contractual or fiduciary rights, duties, or agreements;

• 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 contains vulgar, obscene, profane, discriminatory, harassing, threatening or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;

• Statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of FRN;

• Anything that violates the privacy or publicity rights of any other person;

• Statements or material that are off-topic, irrelevant, or inappropriate;

• Statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials; 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 Sites.

Please remember to respect others and their opinions. FRN encourages open and sincere communication, but urges all users to remember that the Blog functionality is intended to be a resource for all.

Please be aware that you have no reasonable expectation of privacy while using the Blog functionality. FRN may obtain access to, block, disclose, and review electronic transmissions and communications made through the Blog functionality at any time. In addition to the foregoing, FRN reserves the right at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Blog functionality, or any portion of functionality, for any reason.

SECURITY. FRN is committed to maintaining your confidence and trust, and takes steps to help protect the personal information you provide to us. However, no transmission or electronic storage of information is guaranteed to be secure. We therefore urge you to always use caution when transmitting information over the Internet.

LINKS TO FRN SITES. Unless otherwise set forth in a written agreement between you and FRN, you must adhere to FRN's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with FRN's names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by, or otherwise associated with FRN, (iii) when selected by a user, the link must display the Sites on full-screen and not within a "frame" on the linking website, and (iv) FRN reserves the right to revoke its consent to the link at any time and in its sole discretion. Use or misrepresentation of any of FRN's logos, designs, images, photographs, slogans, trademarks or service marks in conjunction with the external links is not permitted.

TRADEMARKS. FRN, and all other names of Food Recovery Network referenced herein (including Food Recovery Certified), are registered or common law trademarks of FRN in the United States. For more information, please contact FRN at privacy@foodrecoverynetwork.org. Unauthorized use of any FRN trademark, service mark or logo may be a violation of federal and state law.

DISCLAIMERS AND LIMITATION OF LIABILITY. THE SITES AND ALL CONTENT ON THE SITES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FRN MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND THE CONTENT AVAILABLE ON THE SITES IS AT YOUR SOLE RISK.

FRN MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES OR CONTENT ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRN DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITES, THE SERVICES, THE CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITES, REGARDLESS OF THE TYPE OF CLAIM OR ACTION, EVEN IF FRN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the extent that FRN may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of FRN liability will be equal to the amount the user paid for the Services or the minimum permitted under such applicable law.

EXCLUSIVE REMEDY

IN THE EVENT OF ANY PROBLEM WITH THE SITES, SERVICES, OR THE CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITES, THE SERVICES AND THE CONTENT. NO ACTION MAY BE MAINTAINED AGAINST FRN, OR ITS SUBSIDIARIES, AFFILIATES, OR LICENSORS. UNDER NO CIRCUMSTANCES SHALL FRN, ITS SUBSIDIARIES, AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITES, THE SERVICES, THE CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITES,

THE SERVICES, THE CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITES.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

INDEMNITY. You agree to indemnify, defend and hold FRN, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Sites and/or breach of this Agreement.

FRN’S COPYRIGHT. The Sites, including all text, graphics, user interfaces, visual interfaces, photographs, sounds, audio, video, artwork, computer code (including HTML, CSS, XML, and JavaScript), interactive features, Blog and the Sites functionality, 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 Blog functionality, unless otherwise indicated is protected by U.S. copyright laws. Any downloadable or printable programs, information, or materials available through the Sites and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by FRN. Except for your use as authorized above, you may not modify, reproduce or distribute the Content, design or layout of the Sites, or individual sections of the Content, design or layout of the Sites, without FRN's express prior written permission.

DMCA NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT. If you are a copyright owner or agent thereof and believe that Content posted on the Sites by a FRN user infringes upon your copyright, please submit notice to our Copyright Agent Annie Lobel at annie.lobel@foodrecoverynetwork.org with the following information:

a) An electronic or physical signature of the person authorized to act on behalf

of the owner of the copyright;

b) Identification of or a representative list of the work you believe has been

infringed;

c) Identification of the material that you claim is infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled;

d) The URL of the location on the Sites containing the material that you claim is

infringing;

e) Your address, telephone number, and email address;

f) A statement that you have a good faith belief that the disputed use is not

authorized by the copyright owner, its agent, or the law; and

g) A statement, made under penalty of perjury, that the above information in

your notice is accurate and that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

LOCATION. The Sites are operated by FRN from its offices in the United States. FRN makes no representation that the Content of the Sites is available or appropriate for use in other locations. Those who choose to access the Sites from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. Please know that by accessing or using the Sites from outside the United States, you agree to the transfer of your information to the United States.

CHILDREN. The Sites are not directed toward children under 13 years of age nor does FRN knowingly collect information from children under 13. If you are under 13, please do not use the Sites or submit any personally identifiable information to FRN.

PRIVACY. Your privacy is important to us. This Agreement includes and incorporates the FRN Privacy Policy, available at http://www.foodrecoverynetwork.org/privacy-policy. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.

CHOICE OF LAW/FORUM. All claims arising out of this Agreement or relating to the Sites will be governed by the laws of the State of Maryland, USA, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to the Sites shall be brought exclusively in a state or federal court in Prince George’s County, Maryland, USA.

MISCELLANEOUS. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. FRN's failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive FRN's right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and FRN with respect to the subject matter hereof.

Contact Us: If you have any questions, concerns, or suggestions regarding this Agreement please send us an email at privacy@foodrecoverynetwork.org.