Privacy Policy & Terms of Use

PRIVACY POLICY

Produce For Kids understands your concerns about privacy and your interest in knowing how your information is used and safeguarded, and we want to provide you with more information on these topics.  This Privacy Policy (the “Privacy Policy”) describes the practices, policies and procedures related to our website located at www.produceforkids.com, (the “Website”), including the types of personal information we collect on the Website, how we may use that information and with whom we may share it.  This Website is owned and operated by Produce for Kids, Inc., (hereinafter referred to as “PFK,” or “we” or “us”).  Please note that this Privacy Policy applies only to PFK’s online information-gathering and sharing practices occurring on the Website, and does not apply to any of our practices conducted offline.  By visiting this Website, you are accepting the practices, policies and procedures described in this Privacy Policy, and you are further indicating that you agree to be bound by the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not visit or use any of the links on this Website.  We may update this Privacy Policy from time to time, so please check this Privacy Policy periodically for changes. The date this Privacy Policy was last updated is stated at the end of this document. If you have any questions about this Privacy Policy, please do not hesitate to contact us at info@produceforkids.com.

SUMMARY

The notifications provided by this Privacy Policy include:

  • What personally identifiable information we collect from you through the Website.
  • How we use the information we collect.
  • With whom the information may be shared.
  • The kind of procedures we employ in an effort to hinder the unauthorized access, use or disclosure of information you provide to us.
  • Information related to third-party websites.
  • The laws that apply to those accessing our Website from outside of the United States.
  • How you can learn about changes to our privacy policies, practices and procedures.
  • How you can make changes to the information we collect on you
  • Other rights that you may have

How To Contact Us

PFK (the Data Controller) is the owner and operator of the Website. If you need to contact us for any reason related to this Privacy Policy or your use of the Website, or you would like to request that you be removed from our database, please contact us info@produceforkids.com, or write to us at:

Produce for Kids
2901 Curry Ford Road
Suite 209C
Orlando, FL 32806 USA

Purpose for Information Collection

As noted below, you may visit our Websites without being required to provide us with any personally identifying information.  However, should you decide to provide such information, the information we collect will be used to meet your requests, or to provide you with the applicable functionalities, information, products or service requested, and as further described below.

THE INFORMATION WE COLLECT

Personal Information You Provide And How It Is Used: You may freely visit our Website anonymously and without being required to provide us with any personal information, and without being required to register. However, certain services, requests and features do require that you provide us with some personally identifying information (including, but not limited to, name, address, email), as more particularly described below. Personal information is data that can be used to identify or contact you.  Please do not send confidential information to us directly through this Website, or by email to any of the contact email addresses listed on this Website.

  • E-Newsletter Sign-up:  If you opt to sign up for our email newsletter, we will ask you to provide certain personally identifying information, including your email address, first and last name.  You may unsubscribe from these emails at any time.
  • Contact Us: The Website provides “contact us” links for questions visitors may have about the work we do and our Website.  If you contact us through any of these contact forms, we will collect your email address, and any other personal information that you provide to us. We will use the information you provide to contact you back and to respond to any requests and/or questions.
  • Sweepstakes:  From time to time, we may provide an opportunity to enter a sweepstakes. If you choose to submit an entry, we will require that you provide us certain personally identifying information, which may include your name, email, home address and phone number.
  • Blogs: We provide you the ability to comment on our blogs.  In order to leave a comment on one of our blogs, we ask that you provide your name and email address; please note that your name will appear on the Website.  Additionally, any comments that you provide may be displayed and made public on the Website.
  • Leaving Feedback: We provide the opportunity for users to post feedback re: our featured recipes on the Website.  If you provide feedback, we will ask that you provide us with your name and email; please note that your name will appear on the Website.  Additionally, any comments that you provide may be displayed and made public on the Website.

Non-Personal Information We Collect by Automated Means And How We Use It: We also collect certain non-personal information (data in a form that does not support direct association with any specific person or individual) by automated means when you visit the Website.  Much of this information is collected through the use of third-party tracking services, which includes Google Analytics. The information collected may include usage information, such as the numbers and frequency of users to the Website, pages visited, web browsing histories, your location and device, social networking activities and similar data. When gathered, this data is used in the aggregate, and not in a manner that is intended to identify you personally. This type of aggregate information may be shared with third parties at any time, including advertisers and marketers.  In addition to the third-party tracking services mentioned above, we also collect this information through various other means, including “cookies,” “web beacons” and IP addresses, as further explained below. In conjunction with advertisements that we may serve on the Website, we also may use “ad pixels” and/or “trackers” that follows and tracks your activities from an ad placement to specific website use/activities.

  • Cookies; Scripts – You may have heard of “cookies,” which are small files or pieces of information that are stored by your browser on your computer’s hard drive when you visit a website. Many cookies last only through a single Website session or visit. Others may have an expiration date or may remain on your computer until you delete them. PFK may use cookies to collect other information during your visit to our Website, such as the particular subpages you visit and the activities in which you participate on our Site. The information we collect is only in an aggregate form—it is not personally identifiable. These aggregated statistics are used internally to better provide services to our consumers, and may be shared with PFK’s sponsors and other select partners to help us improve the products and services we provide you and better meet your needs.

We may also employ the use of scripts on the website.  Scripts are small computer programs embedded within web pages that give those pages extra functionality.

Most browsers will tell you how to stop accepting new cookie/scripts, how to be notified when you receive a new cookie/script, and how to disable existing cookies/scripts.   Additionally, various browsers – including Internet Explorer, Google Chrome, Firefox, Opera and Safari – offer a “do not track” option.   Presently, there is no consensus on how Do Not Track should be interpreted, and no common or accepted industry standard for implementing.  Consequently, please note that we do not currently respond to browsers’ Do Not Track signals, and as such your activities will be tracked, regardless of whether you have opted to enable the Do Not Track option offered by your browser.

Finally, please note that “Gourmet Ads” – a 3rd party partner of PFK – primary ad server is Appnexus and you can opt out of cookies from them by visiting: http://appnexus.com/platform-policy#choices and Opting Out.

You can also opt out of cookies using the Network Advertising Initiative opt-out page at this page: http://www.networkadvertising.org/choices/

Please note, however, that without cookies you may not be able to take full advantage of all the features on our Website.

Web Beacons – Our Website may contain “web beacons” (also know as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. Web beacons also may be used to track whether you have opened an HTML email. When the email is opened, a part of the code that makes up the HTML page calls a web server to load the web beacon that then generates a record showing that the email has been viewed. Web beacons may also recognize when the email was opened, how many times it was forwarded and which URLs (links within the email) were clicked.

  • IP Addresses – When you visit and interact with the Website, third parties with whom we have contracted to provide services for us may collect Internet Protocol addresses (each an “IP Address”), as well as browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and page navigation. An IP Address is a unique identifier number that certain electronic devices use to identify and to communicate with each other on the Internet; your Internet Service Provider automatically assigns an IP Address to the computer that you are using.  We gather this information to track Website visitor movement in the aggregate, and to gather broad demographic information for aggregate use. Our goal in gathering this information is to learn how our customers and the public are using our Website. We may use this information to enhance our Website or for other lawful purposes.

HOW WE MAY SHARE YOUR INFORMATION

We may disclose all of the information (described herein) that we collect, as stated in this Privacy Policy including in accordance with the terms set forth in this section. PRK works with a variety of third-party partners in order to allow us to make the Website available to you, to host and store the information we collect from you, and to provide certain functionality and features. Except as stated in this Privacy Policy, we do not reveal personally identifiable information about you to third parties for their independent use unless: (1) you expressly authorize PFK to do so, (2) it is necessary to allow PFK and its service providers or agents to provide services on PFK’s behalf, (3) it is to provide products or services to you, (4) it is disclosed to entities that perform marketing or data aggregation services for PFK, (5) it is necessary in connection with a sale of all or substantially all of the assets of PFK or the merger of PFK into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which PFK is not the survivor, (6) PFK is required or permitted to do so for any or all of the following reasons: (i) to comply with a subpoena, legal process, government request or any other legal obligation, (ii) to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of the Website or our network, and/or (iii) to protect the rights, privacy, property, business, or safety of PFK, its partners and employees or the visitors to the Website.

CHILDREN’S PRIVACY/NOTE TO PARENTS

We hope that you enjoy our Website. In providing promotions and other activities on the internet, we recognize the unique issues related to the protection of a child’s privacy. We do not knowingly collect, use, or disclose personally identifiable information about visitors to our Website that are less than 13 years of age. If a child under the age of 13 submits information to us through any part of the Website and PFK becomes aware that the user submitting the information is under the age of 13, the information provided will be deleted as soon as it is discovered and not used for any purpose. If you are the parent or guardian of a child under 13 years of age and believe that they have disclosed personally identifiable information to us, please contact us at the address below and be sure to include in your message the same username and password and/or e-mail address that you believe your child submitted, if applicable.

Special Note to Individuals Residing in the European Union:

Notwithstanding the previous paragraph, for any individual residing in the European Union, we do not knowingly, nor do we desire to, collect, use, or disclose personally identifiable information about visitors to our Website that are less than 16 years of age. If a child under the age of 16 submits information to us through any part of the Website and PFK becomes aware that the user submitting the information is under the age of 16, the information provided will be deleted as soon as it is discovered and not used for any purpose. If you are the parent or guardian of a child under 16 years of age and believe that they have disclosed personally identifiable information to us, please contact us at the address below and be sure to include in your message the same username and password and/or e-mail address that you believe your child submitted, if applicable.                   .

Produce for Kids
2901 Curry Ford Rd.
Orlando, FL 32806

Or call us at: 1-407-730-8945

THIRD PARTY WEBSITE

We also provide links to a variety of third-party social media sites and/or websites – such as Facebook, Twitter, Instagram, YouTube, Google+ and others – as a service to you, and in order to provide you i) additional information and/or content related PFK, or ii) additional venues in which you can learn about and discuss the activities of PFK.  We also provide links to other websites to provide you with additional resources or information, and in some cases to provide an opportunity to make a donation to benefiting charities of our Website.  Finally, we also provide users the option to purchase retail items directly from Amazon.  Please note that we have no affiliation with any of these other parties and/or websites, and cannot control and are not responsible for the information collection, use, and disclosure practices of such third parties; we encourage you to review and understand their privacy practices and policies, if any, before using providing any personally identifying information to them.  We are not responsible for the content or information of these websites, or any other use of the linked website.

ADVERTISEMENTS

We do “serve” advertisements on our Website.  We work with third parties to serve these advertisements, and if you “click” on any of these advertisements you will be redirected to another website.  We are not responsible for the content or information of these websites, the information they collect from or about you, any products or services that may be offered through such advertisers or third parties, or any other use of the linked website(s).

HOW WE ATTEMPT TO SAFEGUARD YOUR INFORMATION

We maintain – and ask that any third-party partners who may store information on our behalf to maintain – administrative, technical and physical safeguards for the Website designed to protect your personal information against theft, loss, misuse or unauthorized access, disclosure, alteration or destruction of the personal information that we collect from you.  We restrict access to personal information collected about you on the Website to our employees, our affiliates’ employees, those who are otherwise specified in this Privacy Policy, or others who need to know such information to provide services to you or in the course of conducting our business operations or activities. However, no website, application or transmission can guarantee security. Thus, while we have established and maintained what we believe to be reasonable procedures to protect the confidentiality, security, and integrity of personally identifying information obtained through the Website and we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us.  When you link to one of our social media venues, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances,  and understand, acknowledge, and agree that you transmit certain personal information over this Website at your own risk.

YOUR INFORMATION AND YOUR CHOICES; WITHDRAWAL OF CONSENT

Upon request, PFK will provide you with information about whether we hold any of your personal information. Upon appropriate written request we will update or amend your information, but we reserve the right to use any information previously obtained to verify your identity or take other actions that we believe are appropriate and lawful. You may access, correct, or request deletion of your personal information – or request that we stop any processing of your personal information – by contacting us at info@produceforkids.com, We will respond to your request within a reasonable timeframe.

Please note we may need to retain certain information for record keeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed from such locations. Finally, please note that we are not responsible for removing or deleting information from the databases of third parties (such as service providers) with whom we have shared information about you.

Data Retention

We will retain your information for as long as needed to provide you services, or otherwise as is reasonable and customary given the nature of the relationship you have with PFK. Please note we may need to retain certain information for record keeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed from such locations.   Otherwise, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We have a data retention and destruction plan that dictates the policies and procedures related to deletion and/or destruction of all information/data.

USE OF THE WEBSITE FROM OUTSIDE THE UNITED STATES

We do not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular geographic location. If you choose to access our Website, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations applicable in your jurisdiction. Please note that the Website is hosted in the United States and is governed by United States law. If you are visiting the Website from outside the United States, please be aware that your information will be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Website, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy.

The Right To Lodge A Complaint

Please note that if you are an EU resident, you have the right to lodge a complaint about our processing of your information/data with a supervisory authority.

PRIVACY QUESTIONS AND CONTACTING US

If you have any questions or concerns about our Privacy Policy or data processing, please contact us at info@produceforkids.com.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to revise this Privacy Policy at any time. Please check back regularly to see if there have been any changes to this policy, which you can determine by reviewing the Effective Date listed below. By continuing to use the Website after those changes become effective, you consent and agree to be bound by the revised Privacy Policy.

Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below:

Produce for Kids
2901 Curry Ford Rd.
Suite 209C
Orlando, FL 32806

PRIVACY POLICY EFFECTIVE DATE

This Privacy Policy is effective as of June 1, 2018


PRODUCEFORKIDS.COM TERMS OF USE

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PRODUCE FOR KIDS, INC. (“PFK” OR “WE” OR “US” OR “OUR”). THIS WEBSITE, LOCATED AT WWW.PRODUCEFORKIDS.COM (THE “SITE”), IS OWNED AND OPERATED BY PFK.  BEFORE ACCESSING OR USING ANY PART OF THE SITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (THE “TOU”). YOUR ACCESS TO AND USE OF THE SITE ARE SUBJECT TO THESE TERMS OF USE, AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS, AND ALONG WITH ANY OTHER TERMS AND CONDITIONS AS MAY BE SET FORTH BY PFK.

THIS SITE PROVIDES USERS WITH ACCESS TO A VARIETY OF INFORMATION, RESOURCES AND OPPORTUNITIES, INCLUDING E-NEWSLETTERS, PUBLICATIONS, BLOGS, WORKS OF AUTHORSHIP, PHOTO AND VIDEO CONTENT, AND OTHER RELEVANT CONTENT (THE “CONTENT”).  PFK IS WILLING TO LICENSE AND ALLOW THE USE OF THIS SITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE.  YOUR ACCESS TO AND USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE MODIFIED BY PFK FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH MODIFIED TERMS OF USE IF YOU CONTINUE TO USE THIS SITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT.  YOU ARE ENCOURAGED TO REVIEW THE SITE AND THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.

ABOUT PRODUCE FOR KIDS (PFK)

PFK was established to encourage healthy eating among families by providing simple, healthy meal solutions and resources for parents, while raising funds for local children’s non-profit organizations. Through this Site, we provide information resources and opportunities to take part in our mission of encouraging healthy eating among families.

AGE REQUIREMENTS

PFK’s Site is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Site by anyone under 13 is unauthorized.  If you are under 13, you are only allowed to access this Site with your parent or guardian permission and supervision.  If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Site with their permission and under their supervision.  Additionally, you have to be 18 years of age or older if you want to conduct any type of financial transaction on the Site, and further provided that we reserve the right to limit certain other activities related to the work that we do to those who are at least 18 years of age.

Special Note to Individuals Residing in the European Union:

For any individual accessing the Site from the European Union, please note that we restrict access to users who are 16 years of age or older, and any registration by, use of or access to the Site by anyone under 16 is unauthorized and forbidden.  If you are under 16, you are only allowed to access this Site with your parent or guardian permission and supervision.

INTELLECTUAL PROPERTY RIGHTS

Copyright

Except as otherwise expressly stated, all Content appearing on this Site is the copyrighted work of PFK or its third party content suppliers and is protected by U.S. and international copyright laws and conventions.  You cannot use the Content, except as specified herein, and you agree to follow all instructions on this Site limiting the way you may use the Content.

The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of PFK and is protected by U.S. and international copyright laws. You may download information from this Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of PFK or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by PFK. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. PFK does not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Site will not infringe rights of third parties.  Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.

Trademarks and Service Marks

Certain trademarks are the service marks and trademarks of PFK or one of its affiliates. PFK name, logo, the domain name for this Site, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of PFK. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of PFK.

Takedown Notice Of Infringing Material

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe in good faith that any content on this Site violates or infringes upon your copyright rights pursuant to Title 17, United States Code, Section 512(c)(2), you may file a DMCA Notice of Alleged Infringement with the Company’s Designated Copyright Agent with all specifics necessary for us to consider and respond to your complaint, as set forth below. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Please note that we may not process your complaint if it is not properly filled out or is incomplete.

You (or your agent) may send us a written notice that includes the following information.

  1. A clear identification of the copyrighted work you claim is infringed.
  2. A clear identification of the material you claim is infringing on the Site, such as a link to the infringing material.
  3. Your address, email address and telephone number.
  4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
  5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  6. A signature by you or the person authorized to act on behalf of the copyrighted work that you claim is infringing.

Please send to your notice to the following address:

  • By email at: info@produceforkids.com. Please mark the subject heading of your e-mail, “Copyright Issue”
  • By letter sent to us at: Produce for Kids, 2901 Curry Ford Rd., Suite 209C, Orlando, FL 32806, Attn: Amanda Keefer

LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED

A number of proprietary logos, service marks and trademarks are used and displayed on this Site. By making them available on this Site, PFK does not grant you any license to utilize those proprietary logos, service marks or trademarks. PFK hereby grants you a limited license to access and make personal, non-commercial use of this Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PFK or as otherwise explicitly permitted. This license does not include any resale or commercial use of this Site or the Content; any derivative use of this Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PFK. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PFK without PFK’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of PFK’s name(s) or service marks without the express written consent of their owners.  We (or the respective third party owners of Content) retain all right, title, and interest in this Site and any Content on this Site, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted.  Any unauthorized use terminates the permission or license granted by PFK.

Blogs; Acceptable Use for Blogs

Our Site contains blogs (“Blogs”). The content, view and opinions published in Blogs may be written by employees, volunteers or unaffiliated third party contributors.  All Blog content belong solely to their respective authors and do not necessarily reflect the views of PFK, its management or employees.  Comments or opinions expressed on the Blogs are those of their respective contributors only. PFK is not responsible for, and disclaims any and all liability for the content of comments written by contributors to the Blog.  We permit visitors to our Site to post comments in response to the Blogs.  Please remember that the open and real-time nature of the comments posted to these Blogs makes it is impossible for PFK to confirm the validity of any content posted, and though we reserve the right to review and edit or delete any such Blog comment, we do not guarantee that we will monitor or review it.  As such, we are not responsible for any messages posted or the consequences of following any advice offered within Blog posts.  If you find any posts in these Blogs to be offensive or objectionable, please contact us via email at info@produceforkids.com and reference the relevant Blog. If we determine that removal of a post or posts is necessary, we will make reasonable efforts to do so in a timely manner.

By submitting a response, comment or content related to a Blog, you agree that such submission is non-confidential for all purposes. Any submission to this Site will be deemed and remain the property of PFK. By using these Blogs, you agree to abide by the following terms and conditions:

  1. By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Blogs (collectively, the “Blog Content”), you grant PFK, its successors and assignees, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the response, comment or content in any media or medium, or any form, format, or forum now known or hereafter developed.
  2. If you contribute any graphic images or photographs, you accept all liability for any issues that may arise from content. Please do not submit any images or photographs for which you do not have a current model or property release unless you are otherwise legally authorized to post such material.
  3. You will not post any material that is knowingly false, misleading, or inaccurate.
  4. You will not behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.
  5. You will not use profanity in your Blog Content, and will neither post with language or content that is obscene, sexually oriented, or sexually suggestive nor link to sites that contain such content.
  6. You will respect other people’s right to personal privacy and will not post any other person’s identifying information (including their names, contact information or any other personal identifying information) within the Forum, but your own.
  7. You will not use these Blogs to violate any laws nor to discuss illegal activities.
  8. You will not impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting, nor collect or store personal data about other users.
  9. You will not post any copyrighted material, nor link to any copyrighted material (with the exception of publicly available sites and pages that the legal owners of the copyrights have created to make that material freely available to the general public), unless that copyright is owned by you or by these Blogs.
  10. You will not post advertisements, chain letters, pyramid schemes, or solicitations, all of which are inappropriate and prohibited in the Blogs. You will not, furthermore, collect personal information about Blog members for the purpose of sending them any such advertisements, chain letters, pyramid schemes, or solicitations through other means (email, messaging programs, etc.).
  11. You will not post messages that are clearly outside of the stated topic of any Blogs nor disrupt a Blog by deliberately posting repeated irrelevant messages or copies of identical messages (also known as “flooding”).
  12. You will, if asked by a representative of PFK, cease posting any content, and/or links to content, deemed offensive, objectionable, or in poor taste.

We reserve the right to delete any message and/or restrict posting rights in our Blogs for any reason whatsoever. Should you continue to post messages that violate the rules of the Blogs your account may be terminated, your access to the Blogs may be banned, and your service provider(s) may be contacted about your behavior. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.

Prohibited Use

You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Site, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Site. In addition, in connection with your use of the Site, you agree you will not: a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; b) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; c) use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); d) violate any applicable local, state, national or international law; e) delete or revise any material posted by any other person or entity; f) manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Site other than the main homepage produceforkids.org, in accordance with the limited license and site access outlined above; g) probe, scan, test the vulnerability of or breach the authentication measures of, this Site or any related networks or systems; h) harvest or otherwise collect information about others, including e-mail addresses; or i) use any robot, spider, scraper, or other automated or manual means to access this Site, or copy any Content or information on this Site. PFK reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. PFK may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, PFK reserves the right at all times to disclose any information as PFK deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PFK’s sole discretion.

MONITORING; TERMINATION OR SUSPENSION OF ACCESS; MODIFICATION TO SITE

PFK has the right, but not the obligation, to monitor any activity and content associated with the Site. We may investigate any reported violations of the Site policies or complaints.  PFK reserves the right to terminate, suspend or otherwise restrict your use of and access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever, with or without cause, including, but not limited to, your violation of these Terms of Use or any inappropriate or unlawful behavior on your part. In addition, PFK reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. The Site shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.

LINKS TO THIRD-PARTY SITES/MATERIALS/CONTENT

Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that PFK shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on this Site.

THIRD PARTY HYPERLINKS

PFK does not review or monitor any web sites linked to the Site, and is not responsible for the content of any such linked Sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by PFK and its affiliates of the opinions or views expressed by these third party Sites, and PFK does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these Sites. We do not control the Sites accessed from such hyperlinks, and cannot be held responsible for the content or accuracy of anything on these sites, including any advertisements, products for sale, or services.  Any such Sites are likely to set forth specific terms of use and privacy policies that you should review. Furthermore, PFK is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such Sites. As such, neither PFK nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these Sites. Finally, PFK will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked Sites. You hereby acknowledge that you access third party hyperlinks at your own risk. 

SERVICE PROVIDED IN UNITED STATES; COMPLIANCE WITH LAWS

The PFK Site is hosted in the United States.  If you are a non-U.S. user of the PFK Site, by visiting the Site you agree to comply with all applicable federal and state U.S. laws. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Site and any related services, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.

We make no representations that the Site and any and all information contained therein, including the Content, is appropriate or legal in any particular location. This Site is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PFK to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Sites and all related services and Content on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the thereof.

CONTESTS, SWEEPSTAKES, GAMES, AND OTHER ACTIVITIES

From time to time, PFK may conduct promotions on or through the Site, including without limitation, contests, sweepstakes, games, and electronic postcards (“Promotions”). Each such Promotion will have additional terms, conditions and rules that will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use (the “Rules”). If any conflict arises between these Terms of Use and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.

Your Content

By displaying or publishing (“posting”) any Content on the Site, you warrant and represent the following:

  • (i) you own all rights in your Content or, alternatively, you have sufficient rights in your Content to grant to the Site the rights described in these Terms;
  • (ii) you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content;
  • (iii) you are the individual pictured, depicted, and/or heard in your Content or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to the Site described in these Terms; and
  • (iv) your Content is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.

IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, PFK AND ITS THIRD PARTY PARTNERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT.

GENERAL DISCLAIMERS

THE CONTENT IS PRESENTED FOR EDUCATIONAL, ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A REGISTERED DIETITIAN, YOUR PHYSICIAN, OR OTHER QUALIFIED HEALTH PROVIDER REGARDING A MEDICAL CONDITION. ALWAYS CHECK FOOD LABELS FOR ALLERGEN WARNINGS.  IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. NONE OF THE PRODUCTS OR SERVICES REFERENCED ON THIS SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR SERVICE OR PRODUCT IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU. YOU HEREBY ACKNOWLEDGE AND UNDERSTAND THAT RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE, INCLUDING INFORMATION POSTED BY OTHER VISITORS TO THE SITE, IS SOLELY AT YOUR OWN RISK.

PFK CANNOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF ANY CONTENT. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY REVIEW, ADVICE, OPINION, STATEMENT, OR OTHER CONTENT, IS AT YOUR SOLE RISK. PFK SHALL NOT BE LIABLE FOR ANY CLAIMS OR OTHER LOSSES ARISING FROM YOUR PURCHASES OF THIRD-PARTY GOODS OR SERVICES BASED UPON REVIEWS, ARTICLES, OR OTHER CONTENT.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT

WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PFKDOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PFK IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PFK, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY PFK OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PFK’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies. Accordingly, some of the exclusions and limitations described in these Terms of Use may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless PFK, its affiliates and its respective officers, directors, employees, agents, licensors, representatives and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. PFK reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with PFK in asserting any available defenses.

GOVERNING LAW AND JURISDICTION; NO CLASS ACTIONS

These Terms of Use and your access to and use of this Site are governed by and construed in accordance with the laws of the State of Georgia, USA, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Terms of Use or Site shall be filed only in the state and federal courts located in the County of Tattnall, Georgia, USA, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.

YOU AND PFK AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR PFK WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR PFK ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND PFK FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, PFK, AND ALL PARTIES TO ANY SUCH PROCEEDING.

PRIVACY POLICY

Certain information we may collect about you is subject to our Privacy Policy. Please review our Privacy Policy, which is incorporated herein by reference, for disclosures relating to our collection and use of such information.

FORCE MAJEURE

PFK shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of our contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

MISCELLANEOUS

No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

These Terms of Use contain the entire understanding and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. Notwithstanding the foregoing, you also may be subject to additional or separate terms and conditions, rules or policies that may apply when you use certain features and services or purchase certain products that may be made available through this Site.

If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed curtailed to the extent necessary to make them legal and enforceable and will remain, as modified, in full force and effect. These Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Georgia applicable to contracts executed and performed entirely within Georgia (without regard to any principles of conflict of laws).

Terms of Use last updated: June 1, 2018.