3280 N. Downing Street, Unit E
Denver, Colorado 80205
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:
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.
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.
Limitation of Liability
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.
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.
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.
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.
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.
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: email@example.com]. 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.
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.
Links To External Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party s, products or services.
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.
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.