Terms and Conditions
The website located at specialtyfoodfoundation.org (the “Website”) is owned and operated by the Specialty Food Foundation (“SFF”). Any visit to or use of the Website by you constitutes your agreement that such visit or use is subject to these Terms and Conditions. The SFF reserves the right to change these Terms and Conditions at any time, and you are responsible for regularly reviewing these Terms and Conditions if you wish to continue using the Website. Please read them carefully.
OWNERSHIP AND COPYRIGHT
All content on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the SFF or its content suppliers. The compilation of all content on the Website is the exclusive property of the SFF. All software used on the Website is the property of the SFF or its software suppliers. All such content and software are protected by domestic and international copyright and other laws.
Subject to the following, the SFF grants you a limited license to access and make personal use of the Website solely for the purposes for which it is intended.
You may not use the Website for any other purpose without the express written consent of the SFF. You may not download (other than page caching), reproduce, duplicate, copy or modify any portion of the Website. The use of spiders, robots, scrapers or any other means, whether through the use of automated software or through a physical or mechanical system, is strictly prohibited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text and page layout) displayed on the Website without the express written consent of the SFF. You may not use any meta tags or any other “hidden text” utilizing the name or trademarks of the SFF without the express written consent of the SFF.
Any unauthorized use of the Website or violation of any of the foregoing terms shall result in the automatic termination of the foregoing limited license.
If you are under 18, you may use the Website only under the supervision of a parent or guardian.
OTHER WEBSITE CONTENT
The SFF makes no representation nor has any control over the content of any other websites accessed from the Website. A link to a non-SFF website does not mean that the SFF endorses or accepts any responsibility for the content or use of such website.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SFF PROVIDES NO WARRANTY THAT ANY INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SFF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION OR CONTENT INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SFF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SFF DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E- MAIL SENT FROM THE SFF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SFF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You agree to indemnify and hold the SFF and any of its officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions.
The failure of the SFF to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of the SFF’s right subsequently to enforce and compel strict compliance with every provision of these Terms and Conditions.
If any term or provision in these Terms and Conditions is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and non-appealable, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken in its entirety, and the remainder of these Terms and Conditions shall survive with the said offending provision eliminated.
GOVERNING LAW AND VENUE
These Terms and Conditions are governed by the laws of the State of New York, without giving effect to its conflict of laws principles, and you and the SFF hereby submit to the exclusive jurisdiction of the state and federal courts located in the City of New York in connection with any dispute arising from these Terms and Conditions or your use of the Website.
You acknowledge that violation of these Terms and Conditions could cause irreparable harm for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore, agree that the SFF shall be entitled, in addition to its other rights, to seek and obtain injunctive relief for any violation of these Terms and Conditions without the filing or posting of any bond or surety.