Terms of Use

September 9, 2015

Evanston Food Exchange (EFE/we/our/us) owns and runs the http://www.evanstonfoodexhcange.com website (our website/site).

As a website user (you/your), you agree to:

  • these Terms, including our disclaimers
  • our Privacy Policy

You accept our terms, policies and disclaimers when you use our site and buy or use services, so please read them carefully. If you don’t agree with them, please don’t use our site.

Amendments apply from the date we publish them, so please also check these before you buy or use our products.

What are the rules for site conduct?

Avoiding harmful content

You agree that you will not use our site to upload, post, email or otherwise transmit:

  • content that is illegal, threatening, abusive, defamatory, libelous, harmful, obscene, actionable or legally objectionable
  • content that invades PEF’s or another’s privacy
  • content that breaches intellectual property rights, including PEF’s or another’s patents, trademarks, trade secrets, moral rights, copyright or publicity
  • unsolicited promotional material, junk mail, spam, chain letters, pyramid schemes, or political campaigning material
  • content with software viruses or computer codes, files or programs designed to interrupt, destroy, limit, compromise, delay or divert the functionality of ICT software or hardware.

Protecting our site’s functionality

You also cannot:

  • copy, store or host material with, or linked to, malicious computer software such as spyware, computer viruses, Trojan horses, worms, keystroke loggers or rootkits
  • subvert our website functionality or not follow its requirements, procedures and policies or those of the networks it’s connected to
  • do any systematic or automated data collection like scraping or data mining, extraction and harvesting without our written consent.

Using email appropriately

In supplying our email addresses on our site, we do not consent to you sending unsolicited emails to us.

You also cannot:

  • use a false email address, impersonate any person or entity on our website, or otherwise mislead others as to the origin of our website content
  • falsely state or misrepresent an affiliation with us or another
  • harass our directors, our staff or another user of our website
  • impersonate a person or an entity, including impersonating our officers, directors, affiliates, staff, contributors, independent contractors, representatives, third party content providers and licensors.

What happens if I post or comment on the site?

Managing your content

You agree that:

  • you own or control the rights to any content you post on our site
  • the content is accurate
  • the content doesn’t breach our terms.

If you post anything on any public areas of our site, that gives us a non-exclusive, royalty free, perpetual, irrevocable right and license (and consent) to use, reproduce, adapt, publish, translate, distribute, display and remove that content.

Monitoring posted content

We may not regularly review posted content. We can monitor our site, including any forum, but you agree that we are not obliged to do this.

We’re not obliged to keep any public postings, comments or entries confidential. We’re also not liable for any such use or disclosure worldwide.

Linking to our site

Check in with us if you want to link to our site. You also can’t modify our website, or frame or reformat its files, pages, images, information and materials on another site. 

We’re not liable for, and you indemnify us against, any loss, damage or expense from you linking to our website.

We can stop linking by letting you know we’re going to do so. 

What are the disclaimers?

Using the site at your own risk

You use our website at your own risk. We cannot guarantee, and aren’t liable for, how current, accurate and reliable our site material is, although we make every effort to ensure it is. We also don’t endorse material on a linked or mentioned site.

We can change our site at any time, even if it means you will need to change your equipment to access it.

We’re not liable for any loss or damage of any kind, however caused (including by negligence), through you using our site and its products and material.

We’re also not liable if your computer system, software or data is damaged or interfered with because you use our site.

This disclaimer applies to EFE, our officers, directors, affiliates, staff, contributors, independent contractors, representatives, third party content providers and licensors of our website content, products and services.

Accepting loss or damage

This disclaimer covers loss or damage because:

  • you rely on our website and any third party material to be suitable, accurate and reliable
  • there is a website failure, error, omission, interruption, deletion or defect; we do not correct a defect; a computer virus or a component causes damage; or data is lost
  • there is a delay in site operation or transmission, or a communication line fails
  • issues arise from e-commerce transactions such as wrong credit card details or incomplete or delayed transactions.

It also covers loss or damage because:

  • a third party acts illegally, like by hacking, stealing, destroying content, or accessing or altering records
  • you access a third party site or server through our email or website (linking to a third party like a social media site is at your own risk)
  • a third party’s conduct is defamatory, threatening, offensive or illegal, or material is published about or causes such conduct
  • we breach our Privacy policy, other than doing so wilfully.

How about liability and indemnity?

Accepting liability

Our total liability to you (if any) under our website terms and conditions for loss, damage or reliance is limited to resupplying our website information

We will not be liable for lost profits, lost data, business interruption or other damages including, but not limited to, consequential, special or indirect damages.

Indemnifying us against loss

You agree that you indemnify us from and against any action, liability, cost, loss and damage (including legal fees) that you, we or a third party suffers because you or your agents:

  • breach our website terms, disclaimers and policies
  • infringe our intellectual property rights or those of a third party linked on our website
  • have a dispute with a third party from using our website
  • break any laws and regulations that apply.

Complying with the law

The laws of the state of Illinois apply to this website.

Any feedback or complaints?

Please contact us with your comments or concerns

© 2015 Evanston Food Exchange. All Rights Reserved.