Acceptance of the Terms of Use

This Terms of Use Agreement (“Agreement”) states the terms and conditions under which a user (“You”) may use this website and the Content residing thereon (collectively, the “Site”). The Site contains various information relating to the Food Bank for Monterey County (“FBMC” or “We”) in the form of text, graphics, statistics, news, reports, and other materials, whether tangible or intangible (“Content”). By accessing, browsing and/or using the Site, You acknowledge that You have read, understood, and agree to be legally bound by the terms of this Agreement. If You do not accept the terms of this Agreement, exit immediately and do not use the Site. We reserve the right to amend this Agreement at any time, without notice to You, by posting the amended terms of this Agreement on the Site. Any use of the Site thereafter shall constitute Your acceptance of the then-current Agreement terms.

Limitations of Site Use

FBMC grants You a limited, non-exclusive, personal, revocable, non-transferable, non-assignable, non-exclusive license to use the Site only for personal, non-commercial purposes, conditioned on Your strict and continued compliance with the terms of this Agreement. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Site or any Content provided through the Site in any manner not expressly permitted by this Agreement. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Site, or directly or indirectly permit any third party to use or copy any portion of the Site. Without limiting the foregoing, You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Site; (ii) attempt to gain unauthorized access to any portion or feature of the Site or to any server used by or on behalf of FBMC to publish or host the Site; (iii) reverse look-up, trace, or seek to trace any information on any other user of the Site; (iv) use any device, software, or routine to interfere with the proper working of the Site, any transaction being conducted on the Site, or any other person’s or entity’s use of the Site; (v) use the Site to harvest or collect e-mail addresses, other contact information, or payment information; (vi) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access or use the Site; (vii) create an intact reproduction of a page or pages of the Site into another service; or (viii) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact FBMC. You are solely responsible for ensuring Your use of the Site is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.

DISCLAIMER OF WARRANTY

THE SITE IS PROVIDED TO MEMBERS OF THE PUBLIC FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NEITHER THE FBMC, NOR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “FBMC PARTIES”) GUARANTEES OR MAKES ANY WARRANTIES RELATING TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY OF THE CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK AND LIABILITIES RELATING THERETO. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FBMC PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE AND CONTENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE. THE FBMC PARTIES DO NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONTENT AVAILABLE ON OR THROUGH LINKS ON THE SITE OR THE THIRD PARTIES THAT OPERATE SUCH EXTERNAL LINKS. THE FBMC PARTIES DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES IN THE SITE WILL BE CORRECTED.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCE WILL ANY OF THE FBMC PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED DIRECTLY OR INDIRECTLY BY YOUR USE OF THE SITE OR YOUR RELIANCE ON THE CONTENT. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL ANY OF THE FBMC PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE), EVEN IF THE FBMC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF THE FBMC PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE) ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR CONTENT IS LIMITED TO ONE DOLLAR ($1.00). IN JURISDICTIONS WHICH DO NOT ALLOW CERTAIN EXCLUSIONS TO LIABILITY, THE FBMC PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR CONTENT IS TO STOP USING THE SITE AND CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.

Indemnification. You agree to defend, indemnify, and hold the FBMC Parties harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses, settlements and expenses (including, without limitation, reasonable attorneys’ and accountants’ fees and costs) arising out of, or connected directly or indirectly with, Your use of the Site or Content. No limitation of liability shall apply to Your obligations under this section.

Use of Personally Identifiable Information

The FBMC’ practices and policies with respect to the collection and use of personally identifiable information is governed by the FBMC Privacy Policy.

Termination

FBMC reserves the right, in its sole discretion, to restrict, suspend, or terminate Your access to all or any part of the Site at any time, and for any reason or no reason, without notice and without liability. FBMC reserves the right to change, suspend, or discontinue all or any part of the Site at any time without notice or liability.

Miscellaneous 

This Agreement shall be governed by and construed in accordance with the laws of the State of California, notwithstanding any conflict of law rules. Any action relating to the Site or this Agreement must be brought in the federal or state courts located in Monterey County, California, and You hereby irrevocably consent to the jurisdiction of such courts. Any cause of action You may have with respect to the Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or it shall be barred. This Agreement constitutes the entire agreement between FBMC and You relating to the Site, and supersedes all existing agreements, written or oral, concerning its subject matter. If any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be severed and construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The section headings herein are provided for reference only, and shall have no effect on the construction or interpretation of this Agreement. FBMC’s failure to enforce strict compliance by You with any provision of this Agreement will not constitute a waiver of FBMC’s right to subsequently enforce such provision or any other provision of this Agreement.