Privacy Policy

Fresh Food Connect

3280 N. Downing Street, Unit E
Denver, Colorado 80205

It is the policy of Fresh Food Connect to respect your privacy regarding any information we may collect while operating our Mobile App. This Privacy Policy applies to https://www.freshfoodconnect.us (hereinafter, "us", "we", or "https://www.freshfoodconnect.us"). We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Mobile App. We have adopted this privacy policy ("Privacy Policy") to explain what information may be collected on our Mobile App, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Mobile App and does not apply to our collection of information from other sources.
This Privacy Policy, together with the Terms and conditions posted on our Mobile App, set forth the general rules and policies governing your use of our Mobile App. Depending on your activities when visiting our Mobile App, you may be required to agree to additional terms and conditions.


Mobile App Users
Like most Mobile App operators, Fresh Food Connect collects non-personally-identifying information of the sort that Mobile App and servers typically make available, such as the browser type, language preference, referring, and the date and time of each visitor request. Fresh Food Connect’s purpose in collecting non-personally identifying information is to better understand how Fresh Food Connect’s visitors use its Mobile App. From time to time, Fresh Food Connect may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Mobile App.
Fresh Food Connect also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://www.freshfoodconnect.us blog posts. Fresh Food Connect only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

In order to use certain features of the Mobile App, you will have to create an account as one of the identified users. By creating an account, you are willingly and knowingly providing us with personally identifiable information. You may never use another account without permission. You are responsible for any and all activities that are conducted through your account.

Gathering of Personally-Identifying Information
Certain visitors to Fresh Food Connect’s Mobile App choose to interact with Fresh Food Connect in ways that require Fresh Food Connect to gather personally-identifying information. The amount and type of information that Fresh Food Connect gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at https://www.freshfoodconnect.us to provide a username and email address.

The purpose of the Mobile App is to enable local and urban farmers (“Growers”) to connect with Owners and arrange for the pick-up of excess produce (“Produce”). The Mobile App does this by providing a scheduling tool that Growers can use schedule a window of time for an employee or volunteer of Owners to pick up the Produce from the location designated by the Grower (“Pick Up Location”). For the safety of Growers and Owners’ volunteers or employees, you agree that all pick-ups shall be subject to the following restrictions:

  1. All Produce must be left at an outside location at the Pick Up Location; employees or volunteers of Owners are not permitted to enter any residence;
  2. Employees or volunteers of Owners will not ask Growers to permit entrance to any residence and will provide identification upon request;
  3. Owners will use its best efforts to pick-up Produce during the designated window, but circumstances beyond its control may result in delays or missed pick-ups. You agree that Owners have no liability for any missed pick-ups.
  4. You shall provide bona fide, genuine addresses for a Pick-Up Location and Owners may delete your Member Account if it determines that you repeatedly provide false information regarding Pick Up Locations or Produce.

Subject to these Terms, you are granted a limited license to (a) use the Mobile App and the functionality provided by the Mobile App to upload, store, display, aggregate, organize, and share your photographs, descriptions, reviews, ratings, comments and other material (“Content”), (b) to copy, display, and use the functionality, materials, features, and services provided by the Mobile App (collectively the “Materials”) solely for your personal, non-commercial use, and (c) share, copy and display any photographs, artwork, and illustrations appearing on the Owners’ Mobile App, provided your use is for your personal non-commercial use and you attribute the work to Owners. The design and layout of the Mobile App are specifically excluded from the Materials.

Disclaimers

Owners’ Mobile App acts solely as a venue to allow farmers to put excess produce to good use. Should you have any questions related to the legality of or consents necessary to host any Event, you should consult your own legal counsel. As such, you agree that you, as a Host, are solely responsible for your Events and agree to indemnify, defend and hold harmless Owners from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising from your Events, including any violation of any applicable laws, rules, regulations and local ordinances, including without limitation, necessary permits, alcohol licenses, fire codes, and health and safety inspections, or other taxes and payments which may be applicable to your Events.

  1. WITHOUT LIMITING THE FOREGOING, THE MATERIALS AND ALL OTHER FEATURES ON THE MOBILE APP ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE MOBILE APP AND/OR MATERIALS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN OWNERS HEREBY GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNERS, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, OWNERS DO NOT MAKE ANY WARRANTIES THAT THE MOBILE APP WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE MOBILE APP WILL MEET YOUR EXPECTATIONS, OR THAT THE MOBILE APP, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. OWNERS RESERVE THE RIGHT TO CHANGE ANY PART OF THE MOBILE APP AT ANYTIME WITHOUT NOTICE. YOU EXPRESSLY RELEASE OWNERS FROM ANY CLAIM ARISING FROM FAILURE TO PICK UP PRODUCE.

Limitation of Liability

YOUR USE OF THE MOBILE APP IS AT YOUR OWN RISK. NEITHER OWNERS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE MOBILE APP OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE MOBILE APP, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF OWNERS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE MOBILE APP OR ITS TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE MOBILE APP AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST OWNERS AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE MOBILE APP. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF OWNERS AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE MOBILE APP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

 

SPECIAL NOTICE FOR NEW JERSEY USERS. BY USING THIS SITE, YOU: (A) ASSUME ALL RISK OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THIS SITE; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE OWNERS, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS SITE; AND (D) YOU VOLUNTARILY WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST OWNERS FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF OWNERS AND ITS AGENTS AND EMPLOYEES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

Choice of Law and Enforcement

Your access to the Mobile App as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Colorado, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.

Termination

Owners may cancel, suspend or block your use of the Mobile App or Service without notice for any reason, at our sole discretion, including if there has been a violation of these Terms. Your right to use the Mobile App will end once your registration is terminated, and any data you have stored on the Mobile App have been deleted, including any profile information or any information related to Events which you have hosted, unless Owners are required to retain it by law. You may terminate your registration at any time. Owners are not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT OWNERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE MOBILE APP OR SERVICE. Any limitations on liability that favor Owners will survive the expiration or termination of these Terms for any reason.

Ability to Accept Terms of Use

You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with the Terms of Use.

 

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Owners without restriction.

Notice

Your affirmative act of using the Mobile App or registering for Member Account constitutes your electronic signature to these Terms and your consent to enter into agreements with Owners electronically. You also agree that Owners may send any notices, disclosures, reports, documents, communications or other records regarding the Mobile App (collectively, “Notices”) in electronic form to: (a) the e-mail address that you provided during registration, or (b) by posting the Notice on the Mobile App. The delivery of any Notice from is effective when sent by Owners, regardless of whether you read the Notice when you receive it or whether you receive the delivery.

 

Miscellaneous

Owners’ failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Intellectual Property Ownership

Except for your Content, all Materials, including text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Mobile App, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Mobile App are owned by Owners and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Licensor”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Owners and you, all right, title and interest in and to the Materials will always remain with Owners and/or its Licensor. The phrase “Fresh Food Connect,” the Fresh Food Connect logo, the GWD logo, the DFR logo, the DUG logo and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Owners. All Content is the sole responsibility of the user who provided it and is stored upon Owners’ servers and/or system solely at the direction of such user. Please see the Digital Millennium Copyright Act section below for more details. Owners reserve all other rights. Except as expressly provided herein, nothing on the Mobile App shall be construed as conferring any license under Owners’ and/or its Licensor’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Owners may revoke any of the foregoing rights and/or your access to the Mobile App, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

You retain ownership of your Content, and you hereby grant (1) Owners and its designees a worldwide, non-exclusive, sub-licensed (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) your Content, solely in connection with the Mobile App (including without limitation for purposes of promoting the Mobile App), and (2) users of the Mobile App a limited, revocable, non-exclusive, royalty-free, fully paid-up right to reproduce, distribute and publicly display your Content, provided such users give attribution and use your Content solely for their personal, non-commercial purposes. For the avoidance of doubt, you agree that your sole compensation with regards to Owners’ use of your Content, including for its own promotional purposes, is your use of the Site in accordance with these Terms, and that you shall not be entitled to any other form of compensation in relation thereto. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through the Mobile App are not proprietary to you and can be used by Owners and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of Owners. You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (iii) you have the written consent, release, and permission of each and every identifiable person included in your Content to use the name or likeness of such persons and to authorize Owners to store, copy, display or otherwise distribute such person(s) name and likeness in connection with the Mobile App.

No other use of the Mobile App or Materials is authorized. Framing of the Mobile App or Materials or posting Materials on other web sites is strictly prohibited. The use or misuse of any Materials, except as provided in the Terms of Use of the Materials, is strictly prohibited. You shall not, without the Owners’ express written consent: (a) distribute text or graphics to others, (b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or re-use all or part of the Materials on this system or any other system, (c) use any tradename, trademark, or brand name of Owners in metatags, keywords and/or hidden text, (d) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way, and (f) use the Mobile App, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Owners, the Licensor, or any third party referenced therein. You shall use the Materials, and/or any services and products on the Mobile App or accessible via the Mobile App for lawful purposes only. We reserve all other rights. You do not acquire ownership rights to any Materials viewed or accessed, and Owners’ posting of the Materials on the Mobile App does not constitute a waiver of any right in such Materials. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials.

Owners Online Privacy Policy

Owners take your privacy very seriously. Owners’ Privacy Policy [immediately following this Terms and Conditions document] describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Mobile App. Please read and understand our Privacy Policy before accessing our using the Mobile App.

Digital Millennium Copyright Act

Owners are committed to respecting and protecting the legal rights of copyright owners. As such, Owners adhere to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Owners’ designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Owners’ Copyright Agent to receive DMCA Takedown Notices is: info@freshfoodconnect.org]. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Mobile App. You acknowledge that in order for Owners to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.


Advertisements
Ads appearing on our Mobile App may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Fresh Food Connect and does not cover the use of cookies by any advertisers.

Links To External Sites
Our Service may contain links to external sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s. We strongly advise you to review the Privacy Policy and terms and conditions of every  you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party s, products or services.

Aggregated Statistics
Fresh Food Connect may collect statistics about the behavior of visitors to its Mobile App. Fresh Food Connect may display this information publicly or provide it to others. However, Fresh Food Connect does not disclose your personally-identifying information.

Cookies
To enrich and perfect your online experience, Fresh Food Connect uses "Cookies", similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
A cookie is a string of information that a Mobile App stores on a visitor’s computer, and that the visitor’s browser provides to the Mobile App each time the visitor returns. Fresh Food Connect uses cookies to help Fresh Food Connect identify and track visitors, their usage of https://www.freshfoodconnect.us, and their Mobile App access preferences. Fresh Food Connect visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Fresh Food Connect’s Mobile Apps, with the drawback that certain features of Fresh Food Connect’s Mobile Apps may not function properly without the aid of cookies.
By continuing to navigate our Mobile App without changing your cookie settings, you hereby acknowledge and agree to Fresh Food Connect's use of cookies.


Privacy Policy Changes
Although most changes are likely to be minor, Fresh Food Connect may change its Privacy Policy from time to time, and in Fresh Food Connect’s sole discretion. Fresh Food Connect encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this after any change in this Privacy Policy will constitute your acceptance of such change.