Terms of Use

THANKS FOR VISITING OUR WEBSITE

The foodshare.org website (the “Site”) is owned by Foodshare, Inc.  We refer to Foodshare, Inc. as, “Foodshare,” “we,” “us” or “our”.
 
We hope you enjoy using the Site.  Because of the unique and exciting nature of the Internet and our desire to provide you with a great experience, we need to point out to you some legal rules of the road as they apply to your visit here and use of the Site. We hope all of this is clear, but if you have any questions after reading this, please feel free to email us at contact-us@foodshare.org. In addition to the lower case words “we,” “us” and “our” defined above, you will notice that we may capitalize certain words in these terms and conditions even though the rules of grammar do not require that they be capitalized.  We do this because these words have specific meanings in these terms and conditions.  These specific meanings are found where the capitalized words are placed in bold text inside parentheses and quotation marks.

AGREEMENT WITH OUR TERMS AND CONDITIONS

By using this Site, you agree to accept these terms and conditions, so please be sure to read them carefully.  If you do not agree with them, please do not use the Site.  We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions at any time.  Please check this page periodically for changes.  Unless the law requires otherwise, your continued use of the Site following the posting of changes to these terms will mean that you accept those changes.
 
PLEASE BE ADVISED THAT TO THE EXTENT THAT FOODSHARE PROVIDES ANY CONTENT FROM THIRD PARTIES, SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND FOODSHARE CANNOT AND DOES NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF THE ITEMS LISTED AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATING TO ANY THIRD PARTY CONTENT LISTED.

USER INFORMATION

In the course of using the Site, you may provide or we may collect information about you.  We are committed to protecting the privacy of our supporters’ information and explain our policies with respect to the use and disclosure of such information in our Privacy Policy, which are incorporated into these terms and conditions.

ACCESSIBILITY

While we cannot guarantee that all the features and functions of our Site will be fully accessible by all people with disabilities, we are committed to making the Foodshare experience available to all of our supporters, including those with disabilities, and have designed the Site with accessibility in mind.  You can help.  If you notice any content, feature or functionality of the Site that is not accessible to people with disabilities, please email us at contact-us@foodshare.org with the words “Disabled Access” in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for improvement.  We can’t promise that we’ll make the changes you suggest, but we can assure you that we take your input seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.

RESTRICTIONS ON THE USE OF THE MATERIALS IN OUR SITE

The Site and all of its content is copyrighted material, protected by U.S. and international copyright laws.  The compilation of content on our Site is the exclusive property of Foodshare and may not be used for any purpose other than browsing, donating, and using the services and information provided for your own private use.
 
The Foodshare logo may not be used by any party other than Foodshare and its affiliated companies without express written consent.
 
Also, to the extent that we include certain trademarks owned by other parties in our Site, these trademarks are property of their respective owners.
 
You agree not to copy, reproduce, or modify any portion of the Site.  This restriction includes copying, reproducing, or modifying any names, trademarks and logos which Foodshare owns or has the right to use.
 
Material can be downloaded onto one computer for personal, non-commercial use only, provided copyright, trademark, or other proprietary notices are not changed or deleted.  Any modification of the materials on our Site or use of them for any other purpose will violate our intellectual property rights (and possibly the intellectual property rights of third parties).
 
Be aware that sometimes we provide access from our Site to other websites that are not under our control.  We don’t endorse or approve any products or information offered at sites you reach through our Site.  These links may include the use of so-called “share links” or similar features.  A “share link” feature is a button and/or text link appearing on our Site that enables the launch of a sharing mechanism whereby you can post links to, and content from, the Site onto social networking websites such as Facebook.  Please be aware that the terms of use of such other websites govern your use of those sites, including your use of share links or other posting of our content on those websites.  As a result, you are fully responsible for your own use of such websites including your use of share links to link our site and/or post its content.  As such, you agree to defend, indemnify and hold Foodshare, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims (including claims that you violated the policies or terms of use of other sites), liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of such websites or a share link.

MATERIALS SUBMITTED TO US

We welcome any comments you may have regarding the Site or our programs and services.  Any comments you submit to us through the Site, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated.  This means that we do not have to treat any such submission as confidential.
 
We will not pay you or anyone else for any information that you provide which is used by us.
Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright.

PROHIBITED CONDUCT

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying our Site will not be permitted.  You agree to use our Site only for lawful purposes.  You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.  In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact.  You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site or Foodshare.  You alone are responsible for the content and consequences of any of your activities.

DISCLAIMER AND LIMITATION OF LIABILITY

THE CONTENT ON THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FOODSHARE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE OR THEIR CONTENTS, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
 
FOODSHARE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT ACCOMPANY OR RESULT FROM YOUR USE OF OUR SITE OR ANY OTHER WEBSITE.  THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) OUR SITE OR ANY OTHER WEBSITE TO WHICH YOU HYPERLINK OR SHARE LINK (AS DESCRIBED ABOVE) FROM OUR SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
 
FURTHERMORE, FOODSHARE IS NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
EXCEPTION:  IN CERTAIN STATES THE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
 
THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT.  FOODSHARE THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER A DONATION HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE.  PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY.  WE APOLOGIZE FOR ANY INCONVENIENCE.

JURISDICTION

Unless otherwise specified, the materials in our Site are presented to provide information about Foodshare and its programs and to provide related services and information to visitors.
 
Foodshare controls and operates the Site from its headquarters in Connecticut, in the United States of America.  We in no way imply that the materials on the Site are appropriate or available for use outside of the United States.  If you use our Site from locations outside of the United States, you are responsible for compliance with any applicable local laws.  In addition, you may not use or export the materials in violation of U.S. export laws and regulations.

ADDITIONAL POINTS ABOUT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT

These terms and conditions and the agreement they create, shall be governed by and interpreted according to the laws of the State of Connecticut (without applying the State’s conflict-of-law principles).  Foodshare reserves the right to bring any civil action in Connecticut, arising from your violation of the terms and conditions of this Agreement.
 
If any provision of these terms and conditions is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.  Foodshare may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.  This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.