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PRIVACY POLICY
Second Harvest Northern Lakes Food Bank shares your concerns about privacy on
the Internet. In order to better protect your privacy, Second Harvest Northern
Lakes Food Bank has provided this notice explaining its online information practices
and the choices you can make about the way your information is collected and used
on the Site. Furthermore, this Privacy Policy, being part of the Terms, works
in conjunction with the Terms and Conditions of Use, but does not modify or supercede
it. On occasion, Second Harvest Northern Lakes Food Bank may run promotions or
conduct other activities with partners from this Site. In such event, we may post
additional privacy terms in conjunction with such promotion or activities that
modify and/or supplement this Privacy Policy and govern the use of information
related to or received through such promotions or activities.
Second Harvest Northern Lakes Food Bank's Collection and Use of Your Information
In the course of using the Site, Second Harvest Northern Lakes Food Bank may ask
you for your name, e-mail address, postal address, telephone number, fax number
as well as other relevant information. Second Harvest Northern Lakes Food Bank
also may collect certain non-personally identifiable information when you visit
many of our web pages such as the type of browser you are using (e.g., Netscape,
Internet Explorer), the type of operating system you are using, (e.g., Windows
2000 or Mac OS), the domain name of your Internet service provider (e.g., America
Online, Earthlink), aggregate data about the number of visits to the Site and/or
aggregate data about the pages visited.
How Second Harvest Northern Lakes Food Bank Uses the Information
Second Harvest Northern Lakes Food Bank uses the non-personally identifiable information
("Aggregate Data") to improve the design and content of the Site and to enable
Second Harvest Northern Lakes Food Bank to personalize your Internet experience.
Second Harvest Northern Lakes Food Bank may use the Aggregate Data to analyze
Site usage as well as create services and/or products to fit your needs. Also,
Second Harvest Northern Lakes Food Bank shares this Aggregate Data with Second
Harvest Northern Lakes Food Bank's related entities, advertisers, partners and/or
other third party vendors. Second Harvest Northern Lakes Food Bank shall own such
Aggregate Data and maintain copies of such as part of its records.
Except as otherwise indicated, Second Harvest Northern Lakes Food Bank uses the personally identifiable information ("Personal Information") you provide about yourself: (a) to respond to any of your inquiries or questions about our services; (b) for internal marketing purposes and as part of Second Harvest Northern Lakes Food Bank's donor database; (c) to provide you additional and updated information, materials and other advertisements regarding the Second Harvest Northern Lakes Food Bank services; (d) to offer you other materials and/or information that Second Harvest Northern Lakes Food Bank believes may be of interest to you; (e) to cooperate with government officials or parties in litigation under process of law, or as otherwise required by law; (f) to protect the security or integrity of the Site; (g) to protect against a threat of safety or destruction of property; and/or (h) to protect against legal liability. In all cases, however, Second Harvest Northern Lakes Food Bank agents, employees and contractors who have access to Personal Information are required to protect this information in a manner that is consistent with this Privacy Policy. Furthermore, Second Harvest Northern Lakes Food Bank encourages all its business Partners to adopt and adhere to standards of protection consistent with this Privacy Policy. Second Harvest Northern Lakes Food Bank will not use the Personal Information, except as set forth herein, without your permission; provided, however, Second Harvest Northern Lakes Food Bank shall own all such Personal Information and maintain copies of such as part of its records. If you do not wish to receive any such information or to allow Second Harvest Northern Lakes Food Bank the right to use your personally identifiable information as described, please contact Second Harvest Northern Lakes Food Bank in the manner identified in the "Opt-Out" section below. The Aggregate Data and Personal Information may be transferred, distributed or sold as part of Second Harvest Northern Lakes Food Bank or its assets.
Opt Out
You may choose not to receive such information and/or to allow Second Harvest
Northern Lakes Food Bank to use your information in the manner described above
by simply checking the box provided on the contribution form itself, or by contacting
us directly at info@northernlakesfoodbank.org. Upon receipt and processing of
an "opt out" request, Second Harvest Northern Lakes Food Bank will, within its
commercially reasonable amount of time, remove your information from any future
marketing communications.
Security; No Liability
Second Harvest Northern Lakes Food Bank has implemented security measures to help
protect against the risk of loss, misuse and alteration of any information under
Second Harvest Northern Lakes Food Bank's control. Second Harvest Northern Lakes
Food Bank protects your online order information by using Secure Sockets
Layer ("SSL") technology. SSL encrypts your order information to avoid the decoding
of that information by anyone other than Second Harvest Northern Lakes
Food Bank. Nevertheless, such security measures may not prevent all loss, misuse
or alteration of information on the Site, and Second Harvest Northern Lakes Food
Bank is not responsible for any damages or liabilities relating to any such security
failures. You understand that data and communications, including e-mail and other
electronic communications, may be accessed by unauthorized third parties when
communicated over the Internet. Furthermore, the Site contains links to other
web sites. Second Harvest Northern Lakes Food Bank is not responsible for nor
can Second Harvest Northern Lakes Food Bank ensure the privacy practices or content
of such other sites.
IP Addresses and Cookies
Like other web sites, Second Harvest Northern Lakes Food Bank uses your
IP address to help diagnose problems with Second Harvest Northern Lakes Food Bank's
servers, to administer the Site and for security purposes. "Cookies"
are pieces of data sent from a Web server to a Web browser that enable a Web server
to identify users that visit a site hosted by that server. Second Harvest Northern
Lakes Food Bank may use Cookies in order to identify you to our site so that Second
Harvest Northern Lakes Food Bank can provide more customized information and services
to you. In addition, our site may contain advertisements that may contain Cookies.
In general, if you choose, you can disable the use of Cookies by reviewing your
browser's preferences and options.
Modification of Privacy Policy
Second Harvest Northern Lakes Food Bank may change this Privacy Policy at any
time, consistent with the terms set forth in the Terms and Conditions of Use,
by posting the changed or amended Privacy Policy on the Site. Your continued viewing
of or use of this Site following the posting of any changes to this Privacy Policy
will signify your assent to any such changes or amendments.
How to Contact America's Second Harvest for Any Reason
You may contact Second Harvest Northern Lakes Food Bank with questions or comments
regarding this Privacy Policy, updating any personally identifiable information
or anything else related to Second Harvest Northern Lakes Food Bank and/or this
Site at www.northernlakesfoodbank.org or at 218-727-5653.
TERMS AND CONDITIONS OF USE
1. INTRODUCTION.
Welcome to the web site ("Site") for Second Harvest Northern Lakes Food Bank.
2. ACCESS TO THE SITE.
BY ACCESSING, BROWSING AND/OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE ("TERMS
AND CONDITIONS OF USE"), INCLUDING THE PRIVACY POLICY ("PRIVACY POLICY") [LINK],
(COLLECTIVELY, THE "TERMS") AND TO COMPLY WITH ALL APPLICABLE U.S. LAWS AND REGULATIONS.
If you do not or cannot agree to the Terms, do not use the Site or any of the
services offered through the Site. Second Harvest Northern Lakes Food Bank reserves
the right, in its sole discretion, to update, revise, supplement and to otherwise
modify these Terms, and to impose new or additional terms and conditions on your
use of the Site from time to time. Such updates, revisions, supplements, modifications
and additional rules, polices, terms and conditions (collectively referred to
in these Terms as "Additional Terms") will be effective immediately and incorporated
into these Terms upon notice thereof, which may be given by any reasonable means
including by posting to the Site. Your continued viewing or use of the Site following
such notice will be deemed to conclusively indicate your acceptance of any and
all such Additional Terms.
3. ACCEPTABLE USE OF THE SITE.
In order to use the Site, you must obtain access to the Internet and pay any and
all service fees associated with such access.
(a) Individual Use. You agree that you are only authorized to
visit, view and to retain a single copy of pages of the Site for your own internal
use and not for any commercially-related purposes or in a manner that in any way
suggests a connection, affiliation or any type of relationship between Second
Harvest Northern Lakes Food Bank and you or an entity related to you. You also
agree that you will not duplicate, download, publish, modify or otherwise distribute
any material on the Site for any purpose other than for your own internal use
unless otherwise specifically authorized by Second Harvest Northern Lakes Food
Bank in writing. Second Harvest Northern Lakes Food Bank posts legal notices and
various credits on pages of the Site, which may not be removed even in your permitted
copies. Do not remove these notices or credits, or any additional information
contained along with the notices and credits.
(b) Deep Links; Linking. You agree not to "deep-link" to the
Site, meaning that you will not create, post, display, publish or distribute any
link to any page other than the front (home) page of the Site for any purpose,
unless specifically authorized by Second Harvest Northern Lakes Food bank in writing
to do so. If you do want to link to the Site in any manner, please contact the
Second Harvest Northern Lakes Food Bank Webmaster at www.northernlakesfoodbank.org
to seek approval.
(c) Framing. You agree not to create any frames at any other
web sites pertaining to or using any of the content located at the Site for any
purpose, unless specifically authorized by Second Harvest Northern Lakes Food
Bank in writing to do so.
(d) Security, Cracking and Hacking. You are prohibited from violating
or attempting to violate the security of the Site. Accordingly, you agree not
to: (i) access data or materials not intended for you; (ii) log into a server
or account which you are not authorized to access; (iii) attempt to probe, scan
or test the vulnerability of a system or network or to breach security or authentication
measures without proper authorization; or (iv) attempt to interfere with service
to any user, host or network, including without limitation, by means of submitting
a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the
Site. Violations of system or network security may result in civil or criminal
liability. Second Harvest Northern Lakes Food Bank reserves the right to investigate
occurrences which may involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users who have participated in such
violations. You understand that data and communications, including e-mail and
other electronic communications, may be accessed by unauthorized third parties
when communicated over the Internet.
(e) You Are Responsible For All of Your Activities and All of The Content
You Post or Submit. You represent and warrant that any information and/or
material you post or provide to Second Harvest Northern Lakes Food Bank. by means
of the Site, including, without limitation, as part of any registration or subscription
or to gain access to or use any services offered on the Site ("Submissions"),
is truthful, accurate, not misleading, not confidential property of others, not
in violation of any other third party's rights and offered in good faith. You
agree NOT to use the Site for or in connection with any of the following activities:
(i) transmitting or relaying spam, spoofing or otherwise impersonating any person
or entity, or falsely stating or otherwise misrepresenting your identity or affiliation
in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing,
uploading, or otherwise transmitting or using the Site in furtherance of the use,
distribution or transmission of any unlawful, harassing, defamatory, tortious,
libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise
objectionable material of any kind; and (iv) transmitting material that contains
viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming
routines or engines that are intended to damage, destroy, disrupt or otherwise
impair a computer's functionality or the operation of the Site.
(f) Do Not Violate Third Party Intellectual Property Rights.
Without limiting the foregoing, you may not, and by using the Site you agree not
to, use the Site to: (i) transmit or post any Submissions that are copyrighted,
unless you are the copyright owner or have obtained the permission of the copyright
owner to transmit it; (ii) transmit or post any Submissions that reveal trade
secrets, unless you own them or have the permission of the owner to so transmit
them; or (iii) transmit or post any Submissions that infringe on any Intellectual
Property Rights (as defined below) of others or violates the privacy or rights
of publicity of others. Furthermore, unless otherwise expressly provided, you
acknowledge and agree that: (a) all Submissions will become property of Second
Harvest Northern Lakes Food Bank; (b) Second Harvest Northern Lakes Food Bank
has the right to publish the Submissions for any type of use including for promotional
and advertising purposes, in accordance with the terms set forth in the Privacy
Policy, without compensation to you of any kind; (c) any Submissions that you
submit to any part of the Site are non-confidential for all purposes; and (d)
that if you make any such Submission, you automatically grant, represent and warrant
that the owner of such content has expressly granted Second Harvest Northern Lakes
Food Bank a royalty-free, perpetual, irrevocable, world-wide exclusive license
to use the Submissions in any manner, media or form now known or hereafter developed.
Second Harvest Northern Lakes Food Bank shall have the right to sublicense its
rights. The term "Intellectual Property Rights" means collectively, rights under
patent, trademark, copyright and trade secret laws, and any other intellectual
property or proprietary rights recognized in any country or jurisdiction worldwide
including, without limitation, moral rights and similar rights.
(g) Ownership. America's Second Harvest puts a lot of content
on the Site for you to examine from time to time including, without limitation,
text, graphics, photographs, pictures, drawings, animation, audio, video, literature
and any other material distributed by Second Harvest Northern Lakes Food Bank
on, through or in connection with the Site. Moreover, Second Harvest Northern
Lakes Food Bank attempts to display the content in a way that will be easily accessible
and useful for you, the user. All content and materials on the Site including,
without limitation, text, graphics, logos, button icons, images, audio clips and
software included in the Site and any services offered on the Site, are the property
of Second Harvest Northern Lakes Food Bank, its sponsors or business affiliates,
and/or their respective licensors, and are subject to U.S. and international Intellectual
Property Rights laws. The compilation of all content on the Site is the exclusive
property of Second Harvest Northern Lakes Food Bank and is protected by U.S. and
international copyright laws. All software used on the Site is the property of
Second Harvest Northern Lakes Food Bank or its licensors and is subject to U.S.
and international copyright laws. Except to the minimum extent otherwise expressly
permitted under copyright law, no copying or exploitation of material from the
Site is permitted except expressly in accordance with these Terms or with the
express written permission of Second Harvest Northern Lakes Food Bank and any
other applicable copyright owner. You acknowledge that you do not acquire any
ownership rights by virtue of downloading copyrighted material from the Site.
All rights not expressly granted hereunder are expressly reserved to Second Harvest
Northern Lakes Food Bank.
4. WARRANTY DISCLAIMER.
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. SECOND HARVEST NORTHERN LAKES
FOOD BANK DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT
TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED,
CONTINUOUS OR ERROR-FREE. SECOND HARVEST NORTHERN LAKES FOOD BANK DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THE SITE BEFORE ACTING
ON IT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, SECOND HARVEST NORTHERN LAKES FOOD
BANK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY
OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT
LINK TO OR FROM THE SITE. SECOND HARVEST NORTHERN LAKES FOOD BANK DISCLAIMS ANY
RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR
COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY MANUFACTURER'S WARRANTIES OR SPECIFICATIONS.
SECOND HARVEST NORTHERN LAKES FOOD BANK CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL
CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES SECOND HARVEST
NORTHERN LAKES FOOD BANK MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY
OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.
5. LIMITATION OF LIABILITY.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FURTHEST EXTENT PERMITTED BY
LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, SECOND HARVEST NORTHERN
LAKES FOOD BANK'S NEGLIGENCE, SHALL SECOND HARVEST NORTHERN LAKES FOOD BANK BE
LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT,
PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM
YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE,
EVEN IF SECOND HARVEST NORTHERN LAKES FOOD BANK OR AN AUTHORIZED SECOND HARVEST
NORTHERN LAKES FOOD BANK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT
THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID
OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL SECOND
HARVEST NORTHERN LAKES FOOD BANK'S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING
BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER
IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100).
6. INDEMNIFICATION.
You shall indemnify, defend and hold harmless Second Harvest Northern Lakes Food
Bank and its sponsors, business affiliates, subsidiaries, affiliates, officers,
directors, employees, attorneys and agents, from an
d against any and all damages, claims and actions brought by you or any third
party resulting from your use of the Site in violation of these Terms or the infringement
by you of any Intellectual Property Rights of any person or entity.
7. GOVERNING LAW AND ARBITRATION.
The laws of the State of Minnesota (excluding any principles of conflicts of laws)
govern your use of the Site, the services and these Terms. You agree that the
parties shall settle any claim or dispute relating to these Terms by binding arbitration
in Duluth, Minnesota under the Commercial Arbitration Rules of the American Arbitration
Association. To the fullest extent permitted by applicable law, no arbitration
under these Terms shall be joined to an arbitration involving any other party
subject to these Terms, whether through class arbitration proceedings or otherwise.
NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE
RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION,
RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND
VENUE OF THE APPROPRIATE STATE OR FEDERAL COURTS LOCATED IN ST. LOUIS COUNTY MINNESOTA,
8. WAIVER AND SEVERABILITY.
Furthermore, no delay or omission by Second Harvest Northern Lakes Food Bank to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by Second Harvest Northern Lakes Food Bank. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
U.S.A.
9. CONTRACT ELECTRONICALLY.
You agree that the Terms, combined with your act of using the Site and/or the services offered on or through the Site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the Terms.
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