Terms of Use

Last updated December 26, 2007

Welcome to Frozen Food Foundation (”FFF,” “we”, “us”, or “our”) Terms of Use for our web site (the “Site”). These Terms of Use describe the terms and conditions applicable to your use of our Site. By using this Site, you agree to be bound by the terms and conditions set forth in these Terms of Use. If you do not agree to these Terms of Use, you may not use this Site.

We may modify these Terms of Use at any time by posting the modified version on our Site and revising the “last updated” notice at the top of this web page. Modifications to these Terms of Use will be automatically effective upon posting on our Site. Please check these Terms of Use periodically for changes. Your continued use of this Site following the posting of any such changes constitutes acceptance of those changes.

To learn about FFF’s privacy practices, please see our Privacy Policy, which is hereby incorporated by reference.

General Terms

1. The information available on the Site, including without limitation industry resources, newsletters, public policy information, and other industry-related information is provided as a courtesy to FFF members and other Site visitors and is intended for general, informational purposes only. Content and price information on the Site is subject to change without notice.

2. You are authorized to download one copy of the material on this Site on one computer for your personal, non-commercial use only. In doing so, you may not remove or in any way alter any trademark, copyright, or other proprietary notice. Except as allowed in the preceding sentence, you may not modify, copy, distribute, republish, commercially exploit, or upload any of the material on this Site without the prior written consent of FFF. No intellectual property or other rights in and to this Site, other than the limited right to use set forth above, are transferred to you.

3. To the extent that portions of this Site (such as “chat rooms” or “bulletin boards”) provide users an opportunity to post and exchange information, ideas and opinions (“Postings”), BE ADVISED THAT AFFI HAS THE RIGHT BUT NOT THE OBLIGATION TO SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS SITE, and Postings do not necessarily reflect the views of FFF. To the fullest extent permitted by applicable laws, FFF shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site.

4. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain. In addition you agree that any information you post on the Site shall not:

  • be fraudulent;
  • infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • violate any law, statute, ordinance or regulation;
  • be defamatory, libelous, abusive, threatening or harassing;
  • be obscene, vulgar, profane, indecent or contain, pornography, child pornography, or photographs of unclothed person(s);
  • transmit content that encourages or provides instructional activities about illegal activities, in particular hacking or phishing;
  • solicit other users to join, become members of, or contribute money to any online service or other organization,
  • advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
  • attempt to resell, redistribute, broadcast or transfer the information or use the information derived from the Site in a searchable, machine-readable database;
  • use the Site to collect PII about users of the Site in violation of our Privacy Policy;
  • contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally
  • interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or link directly or indirectly to any materials to which you do not have a right to link to or include.

5. FFF reserves the right (but not the obligation) to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these Terms of Use or any applicable law or regulation.

6. FFF does not claim ownership of Postings you submit to our Site. We will use Postings in accordance with our Privacy Policy. However, to enable us to use your Postings and to ensure we do not violate any rights you may have in your Postings, you grant FFF a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Postings, in any media now known or not currently known, with respect to your Postings.

Linking to FFF Site

7. Unless otherwise set forth in a written agreement between you and FFF, you must adhere to FFF’s linking policy as follows: (i) any link to the Site must be a text only link clearly marked “FFF Site,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with AFFI’s name and trademarks, (iii) the link must “point” to the URL http://www.FamilyFriendlyFoods.com/ and not to other pages within the Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with FFF, (v) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site, and (vi) FFF reserves the right to revoke its consent to the link at any time and in its sole discretion.

Limitation of Liability

8. FFF MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS.” AFFI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. WHILE FFF USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, FFF MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. THE INFORMATION PROVIDED ON THE SITE IS NOT TAILORED TO YOUR SPECIFIC FACTUAL CIRCUMSTANCES. YOU ARE RESPONSIBLE FOR VERIFYING THAT THE GENERAL INFORMATION PROVIDED IS APPROPRIATE FOR YOUR SPECIFIC FACTUAL SITUATION BEFORE RELYING ON IT. FFF, ITS PARENTS AND AFFILIATES TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, DIRECTORS, AND OFFICERS ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR FOR THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION.

9. USE OF THE WEB SITE AND THE MATERIALS AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. FFF, ITS PARENTS AND AFFILIATES TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, DIRECTORS, AND OFFICERS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY MATERIAL YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES AND OTHER POTENTIALLY HARMFUL DEVICES.

10. To the fullest extent permitted by applicable laws, FFF and its employees, agents, suppliers, and contractors shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if FFF has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web Site with which it is linked.

Indemnification

11. You hereby agree to indemnify and hold harmless FFF from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by FFF directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them.

Governing Law, Location, Entire Agreement

12. The laws of the Commonwealth of Virginia shall govern these Terms of Use, without reference to its choice of law rules. The Site is operated by FFF from the Commonwealth of Virginia. FFF makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use constitute the entire agreement between FFF and Site visitors with respect to the Site.

Arbitration

13. Any controversy or claim arising out of or relating to these Terms of Use of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Commonwealth of Virginia and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary in the foregoing, FFF may obtain from a court any interim or provisional relief that may be necessary to protect FFF’s rights or property.

Notice and Procedure for Making Claims of Copyright Infringement
You also agree to comply with prevailing United States laws regarding copyright and the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that either (1) any material contained in the Sites, or (2) any material or activity contained on a site to which FFF, by use of an information location tool, has referenced or linked, infringes your copyright, you should notify FFF of your copyright infringement claim in accordance with the procedure set forth below.

We will process notices of alleged infringement which it receives and will take appropriate actions as required by the DMCA and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to FFF’s Designated Agent.
Service Provider(s): FFF
Copyright Agent
Jorge Martinez
jmartinez@affi.com
Subject Line: FFF DMCA
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §§512(c)(3) and 512(d)):

1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online side are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (or in the case of references or links that are claimed to have infringing material or activity, identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link);

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to jmartinez@affi.com without a proper subject line, or for purposes other than communication about copyright claims, may not be acknowledged or responded to.

Violations

14. FFF reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Site. FFF also reserves the right to immediately block access from a particular Internet address to the Site or to terminate your use of, or access to, this Site at any time if FFF decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that FFF considers to be inappropriate or unacceptable.

If you have any questions about our Terms of Use, please contact the Frozen Food Foundation at:

2000 Corporate Ridge
Suite 1000
McLean, VA 22102
703-821-0770 (phone)
703-821-1350 (fax)

Featured Items

Frozen Food Foundation awards the Freezing Research Award to Dr. Mike Davidson.
Learn more

2017 Frozen Food Foundation Golf Classic 
Learn more