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AGREEMENT BETWEEN USER AND Food Bank of Iowa

The Food Bank of Iowa website is comprised of various web pages operated by Food Bank of Iowa.

The Food Bank of Iowa website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (“Terms of Use”). Your use of the Food Bank of Iowa website constitutes your agreement to all such terms, conditions and notices And the terms of our Privacy Policy.

By using this website, you represent and warrant that you are of legal age to form a binding contract with the Food Bank of Iowa. If you do not meet these requirements, you must not access or use the website.

MODIFICATION OF THESE TERMS OF USE

Food Bank of Iowa reserves the right to change the terms, conditions and notices under which the Food Bank of Iowa website is offered, including but not limited to the charges associated with the use of the Food Bank of Iowa website. Your continued use of the website following the posting of any revised Terms of Use means that you accept and agree to the changes.

LINKS TO THIRD-PARTY SITES

The Food Bank of Iowa website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Food Bank of Iowa and Food Bank of Iowa is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Food Bank of Iowa is not responsible for webcasting or any other form of transmission received from any Linked Site. Food Bank of Iowa is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Food Bank of Iowa of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Food Bank of Iowa website, you warrant to Food Bank of Iowa that you will not use the Food Bank of Iowa website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Food Bank of Iowa website in any manner that could damage, disable, overburden or impair the Food Bank of Iowa website or interfere with any other party’s use and enjoyment of the Food Bank of Iowa website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Food Bank of Iowa website.

USE OF COMMUNICATION SERVICES

The Food Bank of Iowa website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Violate any applicable laws or regulations.

Food Bank of Iowa has no obligation to monitor the Communication Services. However, Food Bank of Iowa reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Food Bank of Iowa reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Food Bank of Iowa reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Food Bank of Iowa’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Food Bank of Iowa does not control or endorse the content, messages or information found in any Communication Service and, therefore, Food Bank of Iowa specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Food Bank of Iowa spokespersons, and their views do not necessarily reflect those of Food Bank of Iowa.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

INTELLECTUAL PROPERTY

All contents of the Food Bank of Iowa website are: Copyright 2017 | Food Bank of Iowa and/or its suppliers. All rights reserved.

The Food Bank of Iowa website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Food Bank of Iowa, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the website in breach of the Terms of Use, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Food Bank of Iowa. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

The Food Bank of Iowa and all related names, logos, product and service names, designs and slogans are trademarks of the Food Bank of Iowa or its affiliates or licensors. You must not use such marks without the prior written permission of the Food Bank of Iowa. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person or event is intended or should be inferred.

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

  • Michelle Book
  • Food Bank of Iowa
  • P.O. Box 1517, Des Moines, IA 50305
  • 515-564-0330
  • mbook@foodbankiowa.org

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

MATERIALS PROVIDED TO FOOD BANK OF IOWA OR POSTED AT ANY FOOD BANK OF IOWA WEBSITE

Food Bank of Iowa does not claim ownership of the materials you provide to Food Bank of Iowa (including feedback and suggestions) or post, upload, input or submit to any Food Bank of Iowa website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Food Bank of Iowa, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Food Bank of Iowa is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Food Bank of Iowa’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FOOD BANK OF IOWA WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FOOD BANK OF IOWA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FOOD BANK OF IOWA WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE FOOD BANK OF IOWA WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

FOOD BANK OF IOWA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FOOD BANK OF IOWA WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FOOD BANK OF IOWA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOOD BANK OF IOWA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FOOD BANK OF IOWA WEBSITE, WITH THE DELAY OR INABILITY TO USE THE FOOD BANK OF IOWA WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FOOD BANK OF IOWA WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE FOOD BANK OF IOWA WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FOOD BANK OF IOWA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FOOD BANK OF IOWA WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FOOD BANK OF IOWA WEBSITE.

SERVICE CONTACT: admin@foodbankiowa.org

TERMINATION/ACCESS RESTRICTION

Food Bank of Iowa reserves the right, in its sole discretion, to terminate your access to the Food Bank of Iowa website and the related services or any portion thereof at any time, without notice. GENERAL to the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A., in all disputes arising out of or relating to the use of the Food Bank of Iowa website. Use of the Food Bank of Iowa website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Food Bank of Iowa as a result of this agreement or use of the Food Bank of Iowa website. Food Bank of Iowa’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Food Bank of Iowa’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Food Bank of Iowa website or information provided to or gathered by Food Bank of Iowa with respect to such use. If any part of this agreement 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Food Bank of Iowa with respect to the Food Bank of Iowa website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Food Bank of Iowa with respect to the Food Bank of Iowa website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.