Terms of Service
We assume you have come to SustainableCateringAssociation.org, the web site of the Sustainable Catering Association, in good faith and for positive purposes. By using the Sustainable Catering Association’s site, you are agreeing with the following terms and conditions and privacy policy. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the SustainableCateringAssociation.org website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Terms of Service (TOS)
1. Acceptance of Terms
The Sustainable Catering Association provides its service to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time. While using particular Sustainable Catering Association services, you and the Sustainable Catering Association shall be subject to any posted guidelines or rules applicable to those specific services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. Description of Service
The Sustainable Catering Association currently provides users with access to several on-line resources, including downloadable documents, discussion forums, and content through its web site (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Sustainable Catering Association sites and features, shall be subject to the TOS.
3. Your obligations as a registered user
In consideration of your use of the Service, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the "Registration Data")
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or the Sustainable Catering Association has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Sustainable Catering Association has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. User account, password, and security
You select a username and password upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password.
You agree to:
- immediately notify the Sustainable Catering Association of any unauthorized use of your password or account or any other breach of security
- ensure that you exit from your account at the end of each session
The Sustainable Catering Association cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the Sustainable Catering Association, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Sustainable Catering Association has limited control of the Content posted on discussion boards via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. While registered users of the Service are typically gracious and caring, you understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Sustainable Catering Association be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- harm other users in any way including harassing, “stalking” or other crimes against ones person
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
- impersonate any person or entity, including, but not limited to, an Sustainable Catering Association staff user or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity
- upload, post, email, transmit or otherwise make available any Content that you do not have legal right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- upload, post, email, transmit or otherwise make available any Content that infringes any trademark, copyright or other proprietary rights of any party
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any form of solicitation
- intentionally or unintentionally violate any applicable local, state, national or international law
You acknowledge that the Sustainable Catering Association may not pre-screen Content, but that the Sustainable Catering Association and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, the Sustainable Catering Association and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Sustainable Catering Association or submitted to the Sustainable Catering Association.
You acknowledge and agree that the Sustainable Catering Association may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process
- enforce these terms of service
- respond to claims that any Content violates the rights of third-parties
- protect the rights, property, or personal safety of the Sustainable Catering Association, our users and the public.
6. International Use
SustainableCateringAssociation.org can be accessed worldwide. Acknowledging this, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. Materials submitted or made available for inclusion on the service
The Sustainable Catering Association does not claim ownership of Content you submit or make available on the Service. However, with respect to Content you submit or make available on current or future publicly accessible areas of the Service, you grant the Sustainable Catering Association the following world-wide, royalty free and non-exclusive license, as applicable, With respect to Content (including photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
8. Indemnity
You agree to indemnify and hold the Sustainable Catering Association, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms of service, or your violation of any rights of another.
9. Links
The Service provides, or third parties may provide, links to other World Wide Web sites or resources. Because the Sustainable Catering Association has no control over such sites and resources, you acknowledge and agree that the Sustainable Catering Association is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Sustainable Catering Association shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. Modifications to Service
The Sustainable Catering Association reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Sustainable Catering Association shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Termination
You agree that the Sustainable Catering Association, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Sustainable Catering Association believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The Sustainable Catering Association may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Sustainable Catering Association may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that the Sustainable Catering Association shall not be liable to you or any third-party for any termination of your access to the Service.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SUSTAINABLE CATERING ASSOCIATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- THE SUSTAINABLE CATERING ASSOCIATION MAKES NO WARRANTY THAT
- THE SERVICE WILL MEET YOUR REQUIREMENTS
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SUSTAINABLE CATERING ASSOCIATION OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SUSTAINABLE CATERING ASSOCIATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SUSTAINABLE CATERING ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
- ANY OTHER MATTER RELATING TO THE SERVICE.
15. Violations
Please report any violations of the TOS to us.
16. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by the Sustainable Catering Association in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement (if applicable).