Terms Of Service

Farm to Food Bank Terms and Conditions

Last revised on June 17, 2020.

Farm to Food Bank operates the Farm to Food Bank service, which we hope you use. If you use it, please use it responsibly. If you don't, we'll have to terminate your account.

For donation accounts, you'll be charged on a monthly basis. You can cancel anytime, but there are no refunds.

The Terms of Service, Farm to Food Bank itself, and our prices can change at any time. We'll warn you 30 days in advance of any price changes. We'll try to warn you about major changes to the Terms of Service or Farm to Food Bank, but we make no guarantees.

That's the basic idea, but You must read through the entire Terms of Service below and agree with all the details before You use any of our sites (whether or not you have created an account).

Your Agreement with Farm to Food bank

Your use of the Farm to Food Bank service is governed by this agreement (the "Terms"). "Farm to Food Bank" means Farm to Food Bank Inc. The "Service" means the services Farm to Food Bank makes available include our web sites (https://usfarmtofoodbank.com and https://www.usfarmtofoodbank.com), our blog, our API, and any other software, sites, and services offered by Farm to Food Bank in connection to any of those. "Content" means all content generated by Farm to Food Bank on your behalf (including metric data).

In order to use the Service, You (the "Customer", "You", or "Your") must first agree to the Terms. You understand and agree that Farm to Food Bank will treat Your use of the Service as acceptance of the Terms from that point onwards.

Farm to Food Bank may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, Farm to Food Bank will treat Your use as acceptance of the updated Terms.

If you have any question about the Terms, please contact us at jf@usfarmtofoodbank.com.

Your Account

You may not use the Service if You are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which You are resident or from which You use the Service. You may not use the service unless you are over the age of 13. You must be a human. Account created by automated methods are not permitted. Use of the Service You must provide accurate and complete registration information any time You register to use the Service. You are responsible for the security of Your passwords and for any use of Your account. Your use of the Service must comply with all applicable laws, regulations and ordinances. You agree to not engage in any activity that interferes with or disrupts the Service. Farm to Food Bank reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in Farm to Food Bank disabling or throttling your usage of the Service for any amount of time. You may not allow multiple people to use the same account or otherwise access the Service in a manner intended to avoid incurring fees. Service Policies and Privacy The Service shall be subject to the privacy policy for the Service available at privacy policy. You agree to the use of Your data in accordance with Farm to Food Bank's privacy policies.

Donations

You must cancel Your account via usfarmtofoodbank.com. An email or phone request to cancel Your account is not considered cancellation. You will not receive any refunds if You cancel Your account. If You cancel the Service before the end of Your current paid up month, Your cancellation will take effect immediately and You will not be charged again. All of Customer and Content will, within a reasonable amount of time to be determined solely by Farm to Food Bank, be deleted from the Service upon cancellation. You agree that Farm to Food Bank, in its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice, and You agree that Farm to Food Bank will not be liable to You or any third party for such termination.

Modification of the Service

You acknowledge and agree that the Service may change from time to time without prior notice to You. Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions. Farm to Food Bank shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. External Resources The Services may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Farm to Food Bank is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

License from Farm to Food Bank and Restrictions

Farm to Food Bank gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by Farm to Food Bank as part of the Service as provided to You by Farm to Food Bank. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by Farm to Food Bank, in the manner permitted by the Terms.

You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Farm to Food Bank in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.

Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your agreement with [COMPANY] for the use of the components of the Service released under an open source license.

Exclusion of warranties

You expressly understand and agree that your use of the service is at your sole risk and that the service is provided "as is" and "as available.". You agree that Farm to Food Bank has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that You are solely responsible for securing and backing up Customer Source Code. Farm to Food Bank does not warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, timely, secure or free from error, (c) the results or data provided by the Service will be accurate, (d) the quality of the service will meet your expectations and (e) any errors in the Service will be fixed.

Limitation of liability

You expressly understand and agree that Farm to Food Bank, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not [COMPANY] has been advised of or should have been aware of the possibility of any such losses arising).

Indemnification

You agree to hold harmless and indemnify Farm to Food Bank, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Farm to Food Bank and Partners") from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, (c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Source Code, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Farm to Food Bank will provide You with written notice of such claim, suit or action.

General Legal Terms

The Terms constitute the whole legal agreement between You and Farm to Food Bank and govern Your use of the Service and completely replace any prior agreements between You and Farm to Food Bank in relation to the Service.

You agree that if Farm to Food Bank does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Farm to Food Bank has the benefit of under any applicable law), this will not be taken to be a formal waiver of Farm to Food Bank's rights and that those rights or remedies will still be available to Farm to Food Bank. Farm to Food Bank shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.