FOOD COWBOY LLC AND FOODCOWBOY.COM
Last Updated: August 14, 2014
Welcome to FoodCowboy.com operated by Food Cowboy LLC (together with its officers, directors, members, partners, agents, employees, and their respective affiliates, collectively, “Food Cowboy”), whose mission it is to facilitate donations of wholesome food to charities and the disposal of food waste in environmentally sustainable ways. These terms of Services (“Terms”) apply to your access and use of the Food Cowboy smartphone application, website and other Services(the “Services”). Please read them carefully.
The Food Cowboy App is not intended to be used to facilitate donations from consumers to other consumers. Food Cowboy does not inspect, certify the condition of, or transport food. Food Cowboy neither represents, warrants, covenants, guarantees, nor promises any specific results from the use of the Services. Food Cowboy is not a tax preparer and neither interprets nor applies tax law for any party. You should only use this App to donate or receive food from people you know and trust.
Accepting these Terms
If you access or use the Services, it means you agree to be bound by all of the terms below. So, before you use the Services, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Services.
These Terms supersede any previous Terms to which you and Food Cowboy might have been bound regarding the use of the Services. This Agreement may be modified by Food Cowboy at its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Food Cowboy on its website.
This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved by Food Cowboy. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Changes to these Terms
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature.
Whenever we make changes to these Terms, the changes will be effective immediately. If you continue to use the Services after the revised Terms go into effect, then you have accepted the changes to these Terms.
When you create an account or log in to the Services, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Services. If you discover or suspect any Services security breaches, please let us know as soon as possible.
Registration Data; Account Security
In consideration for your use of the Services, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services (‘Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information that you provide to Food Cowboy, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Food Cowboy.
You agree to receive and review e-mails from Food Cowboy.
You are responsible for any third-party charges that it might incur for using the telecommunications features of the Services.
You will maintain reasonable procedures for identifying wholesome and unwholesome food and that those procedures will and do conform to accepted standards and guidelines within the food industry and that You will cooperate with Food Cowboy’s inquiries to ensure the quality and implementation of those procedures.
Any data you receive regarding any other user through the Services will be kept confidential.
You will fully and promptly comply with any inquiry, request or order of any public health or safety official intended to ensure public health or safety and you will promptly notify Food Cowboy of any such inquiry, request or order.
Food Cowboy shall own all data entered into or generated by the Services.
You have express authority from the owner of any food you donate through the Services to donate that food.
All Donations will conform to the requirements of the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. §1791).
The description of each donation will be accurate.
All food donated through the Services will be at all times properly stored and safely transported up to and including the time and place of acceptance by the Donee by a licensed and insured carrier.
You agree to leave a copy of the shipper’s report, bill of lading or other documentation associated with your donation with the recipient to provide a copy of the same to Food Cowboy promptly upon request.
You agree to promptly notify Food Cowboy and any party to whom any donation has passed as soon as you become aware of any recall or health notice or concern associated with that Shipment.
Content & Conduct
You may not post, link and otherwise make available on or through the Services any viruses, corrupted data or other harmful, disruptive or destructive files or code.
You may not use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services;
You may not impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
You may not circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Services, users of the Services, or third parties.
Food Cowboy’s Materials
We put a lot of effort into creating the Services including, the logo and all designs, text, graphics, pictures, information and other content. This property is owned by us or our licensors and it is protected by U.S. and international copyright laws. We grant you the right to use it. However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Services; (ii) modifying or otherwise making any derivative uses of the Services or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Services or any information contained therein; (v) reverse engineering or accessing the Services in order to build a competitive product or Services; or (vi) using the Services other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Services.
Hyperlinks and Third Party Content
Food Cowboy may provide third party content on the Site and app and may provide links to the pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Food Cowboy does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Food Cowboy is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
If there is any content on the Services from you and others, we don’t review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Services. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
Limitation of Liability
In no event shall Food Cowboy be liable for any indirect, direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, or injury arising out of or in any way connected with the use of or inability to use the Services, the content or the materials contained in or accessed through the Services, including without limitation any damages caused by or resulting from reliance by Licensee or any of its affiliates on any information obtained from Food Cowboy or another user, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Food Cowboy’s records, programs or Services. In no event shall the aggregate liability of Food Cowboy, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Services exceed the fee, if any, paid to Food Cowboy for access to or use of its Services.
Licensee agrees to indemnify and hold Food Cowboy harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of its use of the Services or arising from its breach of this agreement.
Agreement Binding on Successors
These Terms shall be binding on and shall inure to the benefit of the Parties hereto, and their heirs, administrators, successors, and assigns.
Waiver and Severability
No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this agreement. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
The license granted hereunder is personal to Licensee and may not be transferred or assigned by any act of Licensee or by operation of law without the consent of Food Cowboy.
Governing Law; Resolution of Disputes; Arbitration and Waivers
This Agreement is governed by the laws of the State of Maryland without regard to its or any other jurisdiction’s choice of law or conflict of law provisions. If any dispute arises between you and Food Cowboy, you agree that all such disputes will be adjudicated through PACA (Perishable Agricultural Commodities Act) dispute resolution procedures if you are subject to PACA jurisdiction, or, if you are not, then by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association in Washington, D.C.. The arbitration shall be heard and adjudicated by one arbitrator to be selected by agreement between you and Food Cowboy. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Maryland statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof.
Notwithstanding the foregoing, either you or Food Cowboy may seek injunctive relief in a state or federal court in Maryland or another court of competent jurisdiction pending the completion of arbitration, at any time against any violations of this Agreement.