Terms and Conditions

These Terms and Conditions (“Terms”), set forth the terms and conditions for your use of our website, www.refed.org, and the ReFED Insights Engine (collectively, the “Platform”) owned and operated by ReFED, Inc. (“ReFED,” “we,” “us,” or “our”).

Please read these Terms carefully. By using the Platform, you agree to be bound by and comply with the Terms.

Privacy

These Terms incorporate by reference ReFED’s Privacy Policy. Please read the Privacy Policy carefully as you agree to its terms when you use the Platform.

Authority

By using the Platform, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Platform with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms of Use; otherwise, please exit the Platform.

Platform Content

All of the content featured or displayed on the Platform (“Content”) is protected by copyright law and owned by ReFED, its licensors and/or its Content providers.

Unless otherwise indicated with respect to certain Content, you may reproduce, distribute, publicly display or perform Content for informational, research and policy purposes related to food waste, and other non-commercial purposes, provided that you do not remove any copyright, trademark or other proprietary notices from Content. You may not decompile, disassemble, or otherwise reverse engineer any of the Content. You may not otherwise reproduce any Content without prior written authorization from ReFED or the Content owner. To request such permission, please contact [email protected]. Please contact [email protected] if you are unsure if your intended use of the Content is in compliance with the Terms.

Trademarks

ReFED, Insights Engine, the ReFED logo, and all other trademarks, service marks, or any other indicia of source used on the Platform (“Our Trademarks”) are owned by ReFED or its licensors. You may not use Our Trademarks without prior written authorization from us or our licensors, as applicable. Additionally, you may not use Our Trademarks (A) in connection with any product or service that does not belong to us; (B) in any manner that is likely to cause confusion about whether we are the source, sponsor, or endorser of a product, service, or activity; or (C) in any manner that may damage our reputation.

User Conduct

By using the Platform you agree not to:

  • Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by us;

  • Interfere with the operation of the Platform or any user’s enjoyment of the Platform, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Platform; (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Platform, or violating the regulations, policies, or procedures of such networks, equipment, or servers;

  • Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, or accessing the accounts of others without permission;

  • Attempt to do any of the foregoing, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section.

Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit, suspension or immediate termination of your access to the Platform, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of ReFED. You acknowledge that ReFED is not responsible for and does not assume any liability for users’ acts or omissions, including, without limitation, with respect to the aforementioned activities.

Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others, and require that the people who use the Platform do the same. We may terminate the use privileges of users who are repeat infringers of intellectual property rights. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Platform in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

  1. Your address, telephone number, and email address;

  2. A description of the copyrighted work that you claim has been infringed;

  3. A description of the allegedly infringing material and information reasonable sufficient to permit us to locate the material;

  4. A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent

Katy Franklin

PO Box 1531

Long Island City, NY 11101

[email protected]

Links to Third-Party Websites

The Platform may contain links to websites controlled by third parties (“Third-Party Websites”). We are not responsible for Third-Party Websites or their content, activities or privacy practices. Any information you share or actions you take on Third-Party Websites are governed by those websites’ terms of use and privacy statements, which you should review carefully to learn about their practices. The inclusion of links on our Platform does not imply our endorsement of Third-Party Websites, their content, or any associated organization or activity. We make no representation or warranty whatsoever about the nature of Third-Party Websites and if you decide to access any other websites linked to or from the Platform, you do so entirely at your own risk.

Frames; Metatags

Unless you obtain our prior written consent in each case, you may not: (A) frame any Content on any other website; or (B) use metatags or any other “hidden text” that incorporates Our Trademarks, marks confusingly similar to Our Trademarks, or our name.

Disclaimers

THE PLATFORM AND ALL SERVICES, CONTENT, AND LINKS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF THE SERVICES, CONTENT, AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT OR SERVICES AVAILABLE THROUGH THE WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY CONTENT OR SERVICES AVAILABLE THROUGH OUR WEBSITE OR CONTENT OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY WEBSITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE WEBSITE, ITS CONTENT AND OUR SERVICES. IF YOU RELY ON THE WEBSITE AND ANY CONTENT OR SERVICES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT, IF AVAILABLE, ANY INFORMATION, ANALYSES, GUIDANCE, OR ADVICE PROVIDED BY REFED (OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, OR REPRESENTATIVES) ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO OUR PLATFORM, WE DO NOT GUARANTEE OR WARRANT THAT THE PLATFORM, OR SERVICES OR CONTENT THAT MAY BE AVAILABLE THROUGH THE WEBSITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

REFED AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, OR REPRESENTATIVES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE WEBSITE OR ANY SERVICES OR CONTENT AVAILABLE THROUGH IT INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

UNDER NO CIRCUMSTANCES WILL REFED OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR SERVICES AVAILABLE THROUGH OUR WEBSITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICES, OR CONTENT IS LIMITED TO $25. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, hold harmless, and defend (if requested) ReFED and its directors, officers, employees, contractors, agents, partners and representatives against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that the indemnified parties may incur based on claims arising out of your use of the Platform or violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request.

Changes to the Terms

We may change these Terms from time to time. The Terms are considered current as of the Last Updated date indicated below. Your continued use of the Platform after any changes in these Terms shall constitute your consent to such changes.

Modification and Termination

We may change, suspend or discontinue any aspect of Platform or Content at any time. We may also impose limits on certain features and services or restrict your access to parts or the entire Platform without notice or liability. We reserve the right to terminate the Platform, these Terms, and any services offered through the Platform at any time without notice, for any reason. You agree that ReFED shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform (or any portion thereof).

General

These Terms (which includes the Privacy Policy) are the complete agreement between you and ReFED regarding your use of the Platform and is governed by applicable federal laws and the laws of the State of New York applicable to agreements made and completely performed there. You irrevocably agree to bring any claim or dispute relating to your use of the Platform and these Terms exclusively in the courts located in the State of New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms and/or the Platform. Section titles and headings are for convenience only and have no legal or contractual effect. The failure of ReFED to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law.

Questions

Please email [email protected] with any questions you may have about these Terms.

Last Updated: February 8, 2022