Privacy Policy & Terms of Use

PRODUCEFORKIDS.COM PRIVACY POLICY

Effective Date: May 8, 2012

The PRODUCEFORKIDS.COM web site (“Site”) is owned by Produce for Kids, Inc. (“PFK”), and operated by Go Daddy. We recognize that many visitors to our Site are concerned about the information they provide to us, and how we treat that information. Our goal at PFK is to provide fun, safe, entertaining and educational material for parents and their kids. PFK is committed to complying fully with the Children's Online Privacy Protection Act of 1998 (COPPA) and with guidelines issued by the Children’s Advertising Review Unit (CARU), a division of the Better Business Bureau.

 

Gathering and Use of Information

In order to give website users the most robust experience possible, PFK may request and/or collect information from you on a voluntary basis when you: (1) participate in contests, sweepstakes, or other promotions; (2) send us questions or comments via this Site; or (3) fill out online surveys and reviews. The requested information may include personal information such as your name, city, state, age, e-mail address, and telephone number.

If personal information is collected as part of a sweepstakes, contest, or other promotion, that information will not be shared with any third parties, except with entities who use it solely to provide support for the operations of the promotion or Site. Your personal information may also be used to inform you if you have won a prize.

 

Cookies

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 web site. PFK may use cookies to collect other information during your visit to our Site, 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.

Anonymous information about your computer, such as your IP address (a number assigned to your computer whenever you surf the Internet), the type of Internet browser you are using, and the type of computer operating system you are using may also be collected by us using cookies. Web servers, the computers that “serve up” web pages, automatically identify your computer by its IP address. When you request a page from this web site, our servers log your IP address.

Most browsers are initially set to accept cookies. If you’d prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. Refusal of cookies at this website may result in an inability to visit certain areas of this web site.

 

Links

The Site may contain links to other sites, and we make every effort to only link to sites that share our high standards of decency, fairness, and integrity. However, those other websites are governed by their own terms of use and privacy policies, which may be substantially different from ours. We encourage visitors to other websites to review the privacy policies and information collection practices of those websites.

 

Note to Parents

We hope that you enjoy our Site. In providing promotions and other activities on the internet, we recognize the unique issues related to the protection of a child's privacy. If a child under the age of 13 submits information to us through any part of the Site 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. No information submitted by a child under the age of 13 shall be disclosed to third parties except as necessary to administer PFK’s use of such information. We encourage parents to become familiar with their rights in protecting their children’s privacy by visiting these websites:

www.ftc.gov/kidzprivacy

http://www.asrcreviews.org/

 

If you have any questions, we encourage you to contact us at:

Produce for Kids

2901 Curry Ford Rd.

Orlando, FL 32806

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

 

Changes to Our Privacy Policy

PFK reserves the right to change or remove this Privacy Policy at our discretion. We will post any changes to this policy or any new policy here and we encourage you to visit this area frequently to stay informed.

 

 

PRODUCEFORKIDS.COM TERMS OF USE

PLEASE READ THESE TERMS OF USE (the "Agreement") CAREFULLY BEFORE USING THIS WEBSITE (the "Site").

Updated October 14, 2013

Produce for Kids, Inc. (“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.

To help keep our Site safe for users of all ages we have established the following specific Terms of Use ("Terms of Use").

The target audience for this Site is parents of preschool and elementary school age children. Certain pages are meant for children and their parents to use together. If you are under 13 years old, by using this Site you certify that your parents/guardians have consented to your use and to this Agreement on your behalf, and you acknowledge and agree that your use of the Site is at their discretion.

These Terms of Use, like the online medium itself, are subject to change. We will notify you of material changes by posting them on our Site. We encourage you to check back and review the Terms of Use from time to time. We reserve the right, at our sole discretion, to change, modify, or otherwise alter these Terms of Use at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use. If you do not agree with all of the following Terms of Use, please do not use this Site.

CONTENT DISCLAIMERS

The videos, articles, products highlighted, user-generated content, postings and other material available on the Site, including all audio, video, text, graphics, images and information and all other material contained on the Site (collectively, the "Content") is presented for educational, entertainment and informational purposes only.

This Site does not provide medical advice. The Content is provided for informational purposes only. 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. 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.

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.

 

OWNERSHIP OF INTELLECTUAL PROPERTY

All of the Contents on this Site are protected by copyright under U.S. copyright law, international conventions and other copyright laws. 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.

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. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.

RESTRICTIONS ON USE OF THE SITE

You agree to use the Site solely for your own noncommercial use and benefit, and to comply with any other applicable terms and conditions of service set forth on the Site.

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 which 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.

 

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. PFK DOES 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.

 

DEALINGS WITH THIRD PARTY SERVICE PROVIDERS

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 websites. 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 websites, and PFK does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these websites. Furthermore, PFK is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such websites. 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 websites. 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 websites. You hereby acknowledge that you access third party hyperlinks at your own risk.

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.

TERMINATION OR SUSPENSION OF ACCESS; MODIFICATION TO SITE

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.

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.

MISCELLANEOUS

PFK operates and controls this Site from within the United States of America. This Site is intended exclusively for residents of the United States. We make no representation that content on this Site is appropriate or available for use in locations outside the United States and accessing it from territories where such content is illegal is prohibited. If you choose to access this Site from a location outside the United States, you do so on your own initiative and you alone are responsible for compliance with local laws. Under no circumstances is PFK responsible for ensuring that the Site is in compliance with the local laws of jurisdictions outside the United States. 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).

Any action you bring in connection with these Terms of Use or any other matters related to this Site shall be brought only in a state or federal court located in the State of Georgia, County of Tattnall USA, and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. Regardless of any statute or law to the contrary, any claim or cause of action against PFK arising out of or related to use of this Site or under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Copyright

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site is infringing copyrights or other intellectual property rights held by you or by someone on whose behalf you are authorized to act, please follow the steps described:

• 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 4,

Orlando, FL 32806, Attn: Amanda Keefer