HOLD HARMLESS USER AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT (“TOS”) & HOLD HARMLESS AGREEMENTS (“HHA”) CAREFULLY. BY ACCESSING OR USING OUR SITE(S) AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND AND COMPLY BY/WITH THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, USER/PANTRY, USER/MEMBER, CUSTOMER, PROSPECTIVE CUSTOMER, OR PANTRY, TO READ THE TERMS AND CONDITIONS & HOLD HARMLESS AGREEMENT BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS, TERM OF SERVICE, THE HOLD HARMLESS AGREEMENTS, THEN, PLEASE, DO NOT ACCESS, USE OUR SITE(S), OR OUR SERVICES. BY ENTERING, LINKING, EXECUTING, USING, DOWNLOADING, REGISTERING, ACCESSING THE SITE OR APPLICATION, YOU, AGREE THAT YOU WILL BE/ARE AUTOMATICALLY CONSIDERED A USER, (hereinafter referred to as USER, USER/MEMBER, USER/PANTRY, USER PANTRIES, USER/SELLER), WHICH REQUIRES THE FULL ACCEPTANCE OF EACH AND EVERY PROVISION INCLUDED IN AND ATTACHED TO THIS DOCUMENT, KNOWN AS TERMS OF SERVICE (“TOS”) AND/OR HOLD HARMLESS AGREEMENT (“HHA”), IN THE VERSION PUBLISHED BY FOOD FINDER, LLC. AND FOOD FINDER FOUNDATION CORPORATION, AT THE TIME YOU ACCESS, OR USE THE SITE OR THE APPLICATION. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/30/2016. UPDATES TO THE SITE MAY NOT BE PRESENTED TO EACH USER AT THE TIME THE SITE UPDATES (HOWEVER MAJOR OR MINOR). IT IS SUGGESTED THAT ALL USERS OF THE SITE CHECK THE “LAST UPDATED” DATE, AVAILABLE AT THE BOTTOM OF THIS DOCUMENT. IF UPDATES OCCUR, IT IS THE USERS RESPONSIBILITY TO UNDERSTAND, ACCEPT, AND OPERATE ON THE MOST UP TO DATE TOS AND HHA’S WITH OR WITHOUT WRITTEN NOTIFICATIONS.
Food Finder, LLC., and Food Finder Foundation Corporation (hereinafter, “FF” and/or “FFFC"). FF & FFFC is a peer-to-peer marketplace platform bringing together User/Members and User/Pantry/Pantries of packaged, prepared, canned, fresh fruits or vegetables, dairy or other pantry and food items. Food Finder or Food Finder Foundation Corporation is not the owner of the products, and has no control of the items offered, whether for sale or donation through the platform unless specifically stated in the listing, and is not a party to the transaction of the sale or donation. All transactions are to be carried out exclusively by the Users. The Site does not review listed pantry or food products for content or appropriateness, that Users provide through the Application. Consequently, FF & FFFC shall not be responsible, either directly or indirectly, for any disagreement, interference, illness, death, sickness, transaction, harm, sacrifice, or declaration between the Users or parties. Should a User be dissatisfied, unhappy, challenged, sick, worried, harmed, or any other outcome of a transaction on the Site, for any reason, whether User/Members or User/Pantry, FF & FFFC is not responsible in any way, under any circumstance. You use the Site at your own risk and are responsible for any outcome, favorable or otherwise. Use caution when working with any peer-to-peer, social marketplace, or another venue where you do not know the person you are talking to or potentially planning to meet. We encourage your read through our Trust & Safety best practices. We encourage all Users to self-verify through the third-party website, such as Facebook or other social media platform and work with Users that are also self-verified and/or well trusted in their communities. If everyone would self-verify and/or login, connecting third party accounts, confidence and website safety would increase; and potentially, identity theft, a global concern, may decrease as we entrust self-awareness to protect ourselves.
This document is intended to furnish and inform you of the details of the Terms of Service that regulate the use of the website https://www.foodfinder.org, (hereinafter, the "Website" or “Site”), and the Application, (hereinafter, the “Application”) of Food Finder or Food Finder Foundation Corporation. The founders and owners of both the Site and the Application, Food Finder, LLC., and Food Finder Foundation Corporation (hereinafter "company", "us", “our”, or "we"), with registered address 303 South Broadway, Suite 200-415, Denver, CO 80209. FF & FFFC, are companies incorporated under the laws of the Colorado and the United States of America.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement and The Hold Harmless Agreement, (hereinafter referred to as "TOS & HHA"), is a legally binding agreement that shall govern the relationship with our Users, and others, which may interact or interface with Food Finder, LLC., & Food Finder Foundation Corporation, also known as FF & FFFC, located at 303 South Broadway, Suite 200-415, Denver, Colorado 80209, and our subsidiaries and affiliates, in association with the use of the FF & FFFC Site, which includes https://www.foodfinder.org, (the "Site") and its Services, which shall be defined below.
Food Finder, LLC., (“FF”) is a for-profit Site. Food Finder Foundation Corporation, (“FFFC”) is a non-profit Site, to reduce food waste across the world, and to give back to communities or entities in need of food, FF & FFFC allows Users the ability to offer unneeded pantry and food items to those that want them. In turn, some of the profits from FF will be used to purchase food for communities, schools, or other entities in need of food, as determined by FF and FFFC. All donations made directly to FFFC will be donated to communities or schools in need of food.
DESCRIPTION OF SITE SERVICES OFFERED
FF & FFFC is a Site, whereby Users register for elective services on the Site. The Site’s main consideration is to allow User/Pantries to accurately list unwanted pantry and food items (not prepared meals), for purchase or donation by a User/Members, presumably for a discounted amount, or for free. To use the Site, a User must have a valid registration. There are two types of Users, User/Members, (Users or Members), and User/Pantries, (Users or Members). Registered Users/Members must have a current, active, and paid membership through the Site, for the convenience of accessing the discounted, or donated food items offered by Users/Pantries/Members. Only a paid membership will allow User/Members access to the message center, to communicate with User/Pantries about their pantry or food items. Furthermore, we do not require User/Pantries to have a paid membership to use the Site.
This open access platform allows all Users, under the guidelines set forth, to use the Site for purposes of listing unwanted pantry and food items, receiving as a donation and/or purchasing food items, at a discount from User/Pantries.
The service will allow different actions, including:
a) sharing with Users of FF & FFFC Site information, tips, recipes, pantry items, images, photos, videos, as well as other data or personal information, including your Site username;
b) putting products on the Site as a donation, or for sale as a User/Pantry. Allowing User/Members to make offers, to buy or negotiate priced products. If a negotiation is reached, and both parties are satisfied with the projected outcome, delivery or pick up arrangements are the sole responsibility of the Users;
c) interacting with other Users of FF & FFFC though the internal message center, and other ways to be implemented in the future;
d) the ability to share a product on other platforms, or social networks, other than FF & FFFC;
e) access to membership based, discounted or donated food items;
f) locate and access food tips for increased longevity of pantry and food items;
g) paid memberships for User/Members.
Memberships renew monthly or annually. Membership fees are $1.49 if paid monthly. $14.99 if paid annually. Membership fees or portions of membership fees are non-refundable. You many cancel your membership at any time during the current month of membership, or before annual renewals, to avoid future membership charges, through your User dashboard. If you cancel your membership mid-membership period, you are not entitled to a partial refund, in full or in part, for any unused services, however, your membership will cancel immediately, upon request through your dashboard.
A portion of FF membership fees paid through the FF Site will be used to purchase food to help people in need. All cash donations made to FFFC, a non-profit corporation, will be used for purposes of helping to feed people in need. The founders/owners of FFFC will not use donation money for any purpose outside of food donations to help people in need. The communities, schools, organizations chosen for donations are chosen by the FFFC founders or officers. A list of all FF and FFFC donations and amounts will be accurately posted on the Site for all Users to see.
All User and visitors to the Site, despite registration status, shall be deemed as "Users or Members", of the herein contained Services, as provided by this TOS & HHA. Once an individual, business, or entity has registered for our Services, through the process of creating an account, the User shall then be considered a "registered User or Member."
The User acknowledges and agrees, that the services provided, and made available through the Site and Application, which may include mobile Applications, and that our Applications may be accessed or made available, through hyperlinks or other links to a variety of social media networking sites, and many other platforms and further agree that it is the sole property of Food Finder, LLC., & Food Finder Foundation Corporation. At its discretion, Food Finder, LLC., & Food Finder Foundation Corporation may offer additional Site Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to all additional Services and/or products and all updated, modified or revised Services unless otherwise stipulated. Food Finder, LLC., & Food Finder Foundation Corporation does hereby reserve the right to cancel, and cease offering any of the aforementioned services and/or products. You, as the end User, and/or Member, acknowledge, accept and agree that Food Finder, LLC., & Food Finder Foundation Corporation shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the User and/or Member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such, Food Finder, LLC., & Food Finder Foundation Corporation, shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store User content, communication or personalization settings.
REGISTRATION, SIGN UP, LOGIN
To register and become a “User” or "Member" of the Site, you must be at least 18 years of age to enter the Site and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving FF & FFFC's Services under the laws and statutes of the United States or other applicable jurisdictions. By opening an account, you accept and assume all liability that may arise in any activity that occurs under your name, username, and password. You are responsible for maintaining the confidentiality of the password you designate during the registration process. You cannot share it with other people or perform acts that may diminish or undermine the security of your account. If you have knowledge that your password was compromised, you should inform us immediately by reaching out to Contact@FoodFinder.org. In the subject line of the email, please indicate your account has a potential security threat.
When you register, FF & FFFC may collect information such as your full name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with FF & FFFC and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process; and
b) maintain and promptly update your registration and profile information to maintain accuracy and completeness always;
c) for Trust & Security, you may optionally elect to “verify” yourself through a variety of website and/or social media platforms. Logging in through a trusted and established social media platform builds confidence among users. The suggestion of “self-verification, or verification” is used to legitimizes Users and breeds confidence when using our platform. We encourage Users to provide feedback relating to their experiences with other users through our review system and “report user” and “report listing” features.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Food Finder, LLC., & Food Finder Foundation Corporation will have sufficient grounds and rights to suspend or terminate the User or Member in violation of this aspect of the Agreement, and as such refuse all current or future use of Food Finder, LLC., & Food Finder Foundation Corporation Services, or any portion thereof. In the event FF or FFFC suspends or terminates a User account, any unused membership privileges or fees will not be refunded in whole or in part.
MINIMUM AGE PREFERENCES
It is Food Finder, LLC., & Food Finder Foundation Corporation's priority to ensure the safety and privacy of all its visitors, Users and Members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the FF & FFFC Site platform, must create a "family" account, which will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child. It is recommended that only adults over the age of 18 use the Site. If 18 is not the legal age in your area, you must not use the site until you are considered a legal adult. Minors are prohibited from using the site in an attempt to donate, sell or receive food.
Both the Site as the Application are intended to be used by adults, or under the use of adult supervision, as defined under any applicable law in each specific case. If you are not an adult, you are not authorized to download the Application, register and create an account with us, unless under the direct guidance of an adult, acting as your parent or legal representative, over the age of 18. If you are a minor, you need the permission of your legal representatives to use the Service. In this case, the legal representative is liable for any acts committed by the minor. Please, if you are a minor and you do not have your legal representative’ permission, stop using the Site and/or uninstall the Application immediately. You further warrant that you are an adult under the applicable law. If the information you provide in this regard is not truthful, FF & FFFC shall not be liable as it cannot verify the age of any User. FF & FFFC may contact you at any time, requiring you to prove your age, using a photocopy of a government issued identity card or equivalent. If you deny providing identification, FF & FFFC reserves the right to close or cancel your User profile, and you will not be able to continue using the service or the Application. If you have a current membership, a refund in whole or in part will not be issued.
a) compliance with any legal process;
b) enforcement of the TOS & HHA;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Food Finder, LLC., & Food Finder Foundation Corporation, its visitors, Users and Members, including the public.
Food Finder, LLC., & Food Finder Foundation Corporation herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Food Finder, LLC., & Food Finder Foundation Corporation or any other content providers supplying content services to Food Finder, LLC., & Food Finder Foundation Corporation. You are hereby prohibited from making any attempt to circumvent or override any of the embedded usage rules in our Services. Furthermore, unauthorized publication, reproduction, exhibition, or distribution, of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized User of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility, for any act or omission, of any User, that access your account information that, if undertaken by you, would be deemed a violation of the TOS & HHA. It shall be your responsibility to notify Food Finder, LLC., & Food Finder Foundation Corporation immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Food Finder, LLC., & Food Finder Foundation Corporation shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS & HHA. Do not share your User account name or password information with anyone.
Food Finder, LLC., & Food Finder Foundation Corporation herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS & HHA or which would otherwise be considered offensive to other visitors, Users and/or Members. If FF & FFFC finds content to be objectionable, for any reason, without notice to you, we may delete or destroy any or all content provided by you.
CONDUCT & ETHICS
As a User or Member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for all content posted, uploaded, emailed, transmitted or otherwise made available by way of the FF & FFFC Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted or otherwise made available by FF & FFFC.
Furthermore, you herein agree not to make use of Food Finder, LLC., & Food Finder Foundation Corporation's Services for:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any FF & FFFC officials, owners, founders, Members, leaders, managers, employees, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other Users' ability to participate in any real-time interactions;
j) interfering with or disrupting any Food Finder, LLC., & Food Finder Foundation Corporation Services, servers and/or networks that may be connected or related to our Site, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance with Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual, and/or
k) collecting or storing of any personal data relating to any other Member or User in connection with the prohibited conduct and/or activities which have been set forth in the paragraphs.
USER/PANTRIES & USER/MEMBER ETHICS
At our core, FF & FFFC is a peer-to-peer community dedicated to bringing the world closer by facilitating an honest, productive, and helpful pantry sharing program to people all over the globe. Our growing community includes potentially billions of Users from virtually every country in the world; this incredibly diverse pantry sharing community is dedicated to helping people give and receive pantry item.
User/Pantries are expected to hold a high level of conduct. The purpose of FF & FFFC is to help people with full pantries, food they don’t need or want, or can’t use, is offered to those wanting the food. Thus, you are expected to honor:
a) offering pantry items that are fresh, within their expiration date;
b) you will not list pantry items that are spoiled, sour, odorous (from expiration), moldy, or otherwise not edible;
c) when your pantry item is no longer available, you remove the pantry item from your listings;
d) you will not offer a prepared meal for sale or donation. FF is pantry items only;
e) you will not discriminate against Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status;
f) as Users, you are expected to be respectful of each other in all interactions and encounters. FF & FFFC respects and appreciates local laws, and understands that cultural “norms” may vary around the globe. FF & FFFC expects all Users to abide by all local laws, and to engage with each other honestly and respectfully, even when your views may be different than that of another User.
Upon registration, you hereby acknowledge that by using https://www.foodfinder.org to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos, and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS & HHA, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE
Due to the global nature of the internet, when using our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Using our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a Member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data by using our network Services to any export-prohibited country;
c) agree not to use our Site network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR SITE SERVICES
Food Finder, LLC., & Food Finder Foundation Corporation shall not lay claim to ownership of any content submitted by any visitor, Member, or User, nor make such content available for inclusion on our Site Services. Therefore, you hereby grant and allow for Food Finder, LLC., & Food Finder Foundation Corporation the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Food Finder, LLC., & Food Finder Foundation Corporation's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a Member of Food Finder, LLC., & Food Finder Foundation Corporation's sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Food Finder, LLC., & Food Finder Foundation Corporation's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a User/Member of Food Finder, LLC., & Food Finder Foundation Corporation's sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Food Finder, LLC., & Food Finder Foundation Corporation's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas of the Site which may be deemed "publicly accessible" areas of Food Finder, LLC., & Food Finder Foundation Corporation's sites are those such areas of our network properties which are meant to be available to the general-public, and which would include message boards, message center, and groups that are openly available to both Users/Members, User/Pantry and/or Members. However, those areas which are not open to the public, are restricted pages unless a paid member, allowing access to private areas of the Site.
You are solely and entirely responsible for all interactions between and other Users. You are responsible for all listings and listing content submitted through the Site, that you upload, post or transmit through the Website or Application. You also guarantee that you are not infringing any third party right by the content uploaded. User artwork or photographs original to you. You guarantee not to take photos belonging to any manufacturer, borrowing content from other Users, copy, stealing, or otherwise taking content from the internet for purposes of using the Site. In addition, you agree and acknowledge that FF & FFFC in no situation or case will be held liable for the conduct of other/any Users. If you knowingly or unknowingly violate copyright laws, or infringe on copyrighted materials, you are responsible for all actions set forth by a User to you. FF & FFFC will not verify the validity and/or authenticity of artwork, photos, images other media provided by User.
CONTRIBUTIONS TO SITE
Food Finder, LLC., & Food Finder Foundation Corporation provides an area for our Users and Members to contribute feedback to our Site. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) FF & FFFC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) FF & FFFC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of FF & FFFC; and
e) FF & FFFC is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY, PLEASE SEE HOLD HARMLESS AGREEMENT (Below)
All Users and/or Members herein agree to insure and hold Food Finder, LLC., & Food Finder Foundation Corporation, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a Member or User of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of FF & FFFC Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The Member or User herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to FF & FFFC's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Food Finder, LLC., & Food Finder Foundation Corporation may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Food Finder, LLC., & Food Finder Foundation Corporation, nor the maximum number of email messages that may be sent and/or received by any Member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated to Food Finder, LLC., & Food Finder Foundation Corporation's servers on the Member's behalf, and/or the maximum number of times and/or duration that any Member may access our Services in a given period of time. In addition, you also agree that Food Finder, LLC., & Food Finder Foundation Corporation has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to remove or any/all account that is no longer active, or Used for an extended period. Furthermore, Food Finder, LLC., & Food Finder Foundation Corporation shall reserve the right to alter, modify, and/or update our general practices and limits at our discretion.
Any messenger service (message center), which may include any web-based versions, shall allow you and the individuals with whom you communicate on the Site, the ability review conversations with you, inside your message center account located on Food Finder, LLC., & Food Finder Foundation Corporation's servers. In this manner, you may be able to access and search your message history from any computer with internet access, so long you have an active account or registration. You also acknowledge that other Users have the option to review, screenshot, or otherwise save conversations with you, taking place on https://www.foodfinder.org. It is your agreement to this TOS & HHA which establishes your consent to allow Food Finder, LLC., & Food Finder Foundation Corporation to store all communications on its servers. Messages may, at any time, be removed from your message center, without prior consent, to our servers, for whatever period we feel is necessary. If messages are removed for any reason, generally a time-out or expiration period has passed, you will have no rights to the removed conversations.
Food Finder, LLC., & Food Finder Foundation Corporation shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a Member of https://www.foodfinder.org, you may cancel or terminate your account, associated email address, account login, phone number or another account specific information and/or access to our Services by submitting a cancellation or termination request to Closure of account is done from your User dashboard settings.
As a Member, you agree that Food Finder, LLC., & Food Finder Foundation Corporation may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such discontinuance, termination, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS & HHA or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your use of the Site located at https://www.foodfinder.org account services, applications, or services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, listings, or messages associated email address and/or access to any of our Services. In addition, FF & FFFC reserves the right to remove or edit all or portions of any pantry listings that we consider unfit or inappropriate for other Users. Our policies are sometimes based on applicable regulations and laws, although in some cases, FF & FFFC may make listing decisions based on input from our Users and our own discretion. Each listing is equipped with a “report listing” button. All reports submitted by Users are investigated.
The termination of your account with https://www.foodfinder.org shall include any and/or all the following:
a) the removal of any access to all or part of the Services offered within https://www.foodfinder.org;
b) the deletion of your password and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Food Finder, LLC., & Food Finder Foundation Corporation shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or because of the presence of such advertisers on our Site.
Either Food Finder, LLC., & Food Finder Foundation Corporation or any third parties may provide links to other Sites and/or resources. Thus, you agree and acknowledge that we are not responsible for the availability of any such external resources or sites, and as such, we do not endorse nor are we liable or responsible for any products, content, advertising, or any other materials, on or available from such third-party resources or sites. Furthermore, you acknowledge and agree that Food Finder, LLC., & Food Finder Foundation Corporation shall not be responsible or liable, directly or indirectly, for any such loss or damage, which may be a result of, caused or allegedly to be caused by, or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
You do hereby acknowledge and agree that Food Finder, LLC., & Food Finder Foundation Corporation's Services and any essential software that may be used in connection with our Services ("Software") shall/may contain confidential and proprietary material that is protected by applicable intellectual property and/or and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by trademarks, copyrights, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Food Finder, LLC., & Food Finder Foundation Corporation or such applicable licensor, you agree in advance, not to alter, lease, modify, rent, loan, sell, distribute, broadcast, transmit, publicly perform and/or created any plagiaristic works which are based on Food Finder, LLC., & Food Finder Foundation Corporation Services (e.g. Software or Content), in whole or part.
Food Finder, LLC., & Food Finder Foundation Corporation herein has granted you a personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Food Finder, LLC., & Food Finder Foundation Corporation for use in accessing our Services.
WAIVER OF RESPONSIBILITY
All listing details regarding pantry items are published on the Site or Application, by the User, which is selling or donating the item. Consequently, FF & FFFC cannot guarantee the quality of the products being offered, the veracity of the images, or the descriptions of published pantry items by the Users/Pantry. Any dispute or claim that arises between User/Members and User/Pantries shall be settled between Users, committing themselves to hold FF & FFFC harmless of all liability, damages, claims, or actions.
FF & FFFC’s warranty and liability are limited to the technical functionality of the platform. FF & FFFC will act in good faith, to offer a productive platform, in which Users can offer, sell, donate and purchase pantry items.
FF & FFFC shall under no circumstances be responsible for the content operation and/or any data protection, or other terms referred to in other Applications or websites, that may be accessed by the inclusion of any link, content, services or products offered on the same, unless the sites are managed or owned by FF or FFFC. Any hyperlinks contained in the Application or the Site may link/lead to third party websites. FF & FFFC may incorporate the websites to facilitate the navigation of the User, assuming no responsibility for any content, information or services that may appear on those websites, which will be exclusively informative, and in no case, imply any relationship between the third party and FF & FFFC. Specifically, FF & FFFC has no direct affiliation with MiiCard. As referenced herewith, MiiCard is an independent self-verification website whereby Users proactively assume responsibility for their identity and building confidence within the FF & FFFC community.
FF & FFFC develops maximum diligence in the implementation of security measures, however, assumes no responsibility or liability whatsoever regarding to the custody and proper use of the passwords for access to the SITE, which will be the sole responsibility of the User. The security of usernames and passwords is the responsibility of each User. Please refer to the MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY portion of the TOS for further details.
WARRANTY OF FOOD PANTRY ITEMS
FF & FFFC does not assume any responsibility, nor warrants the products sold or donated, using the Site or the Application. All transactions that take place on the Site or Application, are decided exclusively between the User/Members and User/Pantry.
To qualify for a free month the following conditions must be met: From the referral form, fill out the entire form and submit your referral list to us. Food Finder will send an email to your referral list. As your referrals become paying members, your account will accrue referral points. In any given month, if your account accrues five new members with a paid status, your account will be credited one full month. It is important to note that referrals must become active during the same calendar month to qualify. If three of your five referrals become active one month, while the other two are active the following month, you would not receive a free month until all five memberships are active during the same calendar month. There is no limit to the number of months you may receive free.
The email used for the referral must be the email that signs up. The only way Food Finder can track new members is via their email accounts. Please be sure to provide the correct email.
EXCLUSION OF LIABILITY
User access to the Site or Application does not imply that FF & FFFC hold any obligation to monitor the Site or Application for malware, viruses, worms, or any other harmful technical element. It is the responsibility of each User to act responsibly, making sure the use and availability of adequate tools for the detection of harmful computer programs are present on all computers used for the Site. FF & FFFC is not responsible for any damages incurred to devices or computers while using the FF & FFFC Applications. Use at your own risk. Further, we are not responsible for damages or loss to devices or computers when accessing a link to a third-party website from the FF & FFFC Site. It is possible a User may maliciously attempt to add links to a pantry listing to harm, destroy, or otherwise cause harm to a computer or device. If you have any doubt as to the authenticity of a link, please don’t click on the link. We are not responsible. You may choose to “report” a listing if you suspect the listing is harmful. The team of developers will investigate, and when possible, if found to be harmful or malicious in any way, all legal authorities available to FF & FFFC will be used and exhausted to protect the Site, Users, and content.
FF & FFFC shall not be liable for damages of any kind, caused to you, because of faults, disconnections in telecommunication networks that produce the suspension, cancellation or interruption of service of the Site or the Application.
FF & FFFC prohibits the listing, sale, or donation of any food or pantry items that are illegal under any applicable law, statute, ordinance or regulation at a local, state, provincial, national or international level. It is understood that selling or donating prepared food items from an unlicensed kitchen, in most jurisdictions is not legal. Please only offer fresh produce, or pantry items purchased at a market, grocery store, farmer’s market, big box retailer, grown in your own garden, or fruit produced from a tree owned by you.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF FOOD FINDER, LLC., & FOOD FINDER FOUNDATION CORPORATION SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. FOOD FINDER, LLC., & FOOD FINDER FOUNDATION CORPORATION AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) FOOD FINDER, LLC., & FOOD FINDER FOUNDATION CORPORATION AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) FOOD FINDER, LLC., & FOOD FINDER FOUNDATION CORPORATION SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) FOOD FINDER, LLC., & FOOD FINDER FOUNDATION CORPORATION SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE FOOD FINDER, LLC., & FOOD FINDER FOUNDATION CORPORATION SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF FOOD FINDER, LLC., & FOOD FINDER FOUNDATION CORPORATION SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM FOOD FINDER, LLC., & FOOD FINDER FOUNDATION CORPORATION OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS & HHA.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT FOOD FINDER, LLC., & FOOD FINDER FOUNDATION CORPORATION AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event, you have a dispute, you agree to release Food Finder, LLC., & Food Finder Foundation Corporation (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this information, the phrase "Let the investor beware" is appropriate. Food Finder, LLC., & Food Finder Foundation Corporation's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Food Finder, LLC., & Food Finder Foundation Corporation and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS & HHA, that there shall be no third-party beneficiaries to this agreement.
Food Finder, LLC., & Food Finder Foundation Corporation may furnish you with notices, including those with regards to any changes to the TOS & HHA, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Site Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS & HHA by accessing our Services in an unauthorized manner. Your acceptance of this TOS & HHA constitutes your agreement that you are deemed to have received all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all the Food Finder, LLC., & Food Finder Foundation Corporation trademarks, copyright, trade name, service marks, and other Food Finder, LLC., & Food Finder Foundation Corporation logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Food Finder, LLC., & Food Finder Foundation Corporation. You herein agree not to display and/or use in any manner the Food Finder, LLC., & Food Finder Foundation Corporation logo or marks without obtaining Food Finder, LLC., & Food Finder Foundation Corporation's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Food Finder, LLC., & Food Finder Foundation Corporation will always respect the intellectual property of others, and we ask that all our Users do the same. With regards to appropriate circumstances and at its sole discretion, Food Finder, LLC., & Food Finder Foundation Corporation may disable and/or terminate the accounts of any User who violates our TOS & HHA and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Food Finder, LLC., & Food Finder Foundation Corporation Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Food Finder, LLC., & Food Finder Foundation Corporation
Attn: Copyright Agent
303 South Broadway, Suite 415
Denver, Colorado 80209
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Food Finder, LLC., & Food Finder Foundation Corporation with regard to the TOS & HHA that the relationship between the parties shall be governed by the laws of the state of Colorado without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS & HHA, or the relationship between you and Food Finder, LLC., & Food Finder Foundation Corporation, shall be filed in the courts having jurisdiction within the County of Denver, Colorado or the U.S. District Court located in said state. You and Food Finder, LLC., & Food Finder Foundation Corporation agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive all objections to the exercise of jurisdiction over the parties by such courts and to a venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Food Finder, LLC., & Food Finder Foundation Corporation fail to exercise or enforce any right or provision of the TOS & HHA, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS & HHA 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 TOS & HHA remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS & HHA must be filed within Less Than One Month year(s) after said claim or cause of action arose or shall be forever barred.
THIS HOLD HARMLESS AGREEMENT (the "Agreement") is made as of 11/30/2016 by and between Food Finder, LLC.& Food Finder Foundation Corporation, as the person or entity receiving indemnity (hereinafter referred to as the "Indemnitee"), located at 303 South Broadway, Suite 415, Denver, Colorado 80209, and User, Customer, or Pantry, as the person or entity bound to provide and/or protect the Indemnitee (hereinafter referred to as the "Indemnitor"), and at times the Indemnitee or Indemnitor may be referred to as the "Party" or may be collectively referred to as the "Parties."
WHEREAS, the Indemnitor desires and wishes to hold harmless and indemnify the Indemnitee and its successors and assigns from any and all liabilities, losses, claims, judgments, suits, fines, penalties, demands or expenses, including, but not limited to, all reasonable costs for defense and investigation thereof (including but not limited to attorney's fees, court costs and expert fees) claimed by anyone by reason of injury or damage to persons or property sustained in or around as a proximate result of the acts or omissions of the Indemnitee, its agents, successors and assigns or arising out of the operation or actions of the Indemnitee upon or about, except when such liability may result from the sole negligence of the Indemnitee, its officers, directors, agents, servants, and/or employees; provided however, that upon the filing of any claim with the Indemnitor for damages arising out of incidents for which the Indemnitee herein agrees to hold Indemnitor harmless, then and in that event the Indemnitor shall notify Indemnitee of such claim and Indemnitee shall have the right to settle, compromise, and/or defend the same.
REPRESENTATION ON AUTHORITY OF PARTIES/SIGNATORIES
Each party signing this Agreement represents and warrants that s/he is duly authorized and has the legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.
MODIFICATION OF AGREEMENT
This Agreement may be supplemented, amended, and/or modified only by and through the mutual agreement of all parties. No supplement or modification of this Agreement shall be binding unless done so in writing and signed by all parties to this Agreement.
The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
ENFORCEABILITY, SEVERABILITY AND/OR REFORMATION
If any covenant, provision and/or restriction is found by a court of competent jurisdiction to be unenforceable, such provision shall be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. In the event it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement shall be enforced as if such provision was not included.
If any court determines that any of the covenants, provisions or restrictions to be excessive in duration or scope or to be unreasonable or unenforceable under the laws of that state, it is the intention of the parties that such restriction may be modified or amended by the court to render it enforceable to the maximum extent permitted by the laws of that state.
The validity, construction, and performance of this Agreement shall be governed and construed in accordance with the laws of Colorado applicable to contracts made and to be wholly performed within such state, without giving effect to any form of conflict of law provisions thereof. The Federal and State courts located in Colorado shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.
JURISDICTION AND VENUE
This Agreement is to be construed pursuant to the current laws of the State of Colorado. In the event that any dispute shall arise under or in connection with the agreement or related to any matter which is the subject of the agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Colorado.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/30/2016.
THE UNDERSIGNED HAVE READ, UNDERSTAND and ACCEPT THIS AGREEMENT by using the Site.
VIOLATIONS & REPORTING
Please report all violations of this TOS & HHA to Food Finder, LLC., & Food Finder Foundation Corporation as follows:
Food Finder, LLC., & Food Finder Foundation Corporation
Attention: Violations Department
303 South Broadway, Suite 200-415
Denver, Colorado 80209
Or you may Email us at Contact@Foodfinder.org