Terms of Use

THE CENTER FOR PRODUCE SAFETY
WEBSITE TERMS AND CONDITIONS OF USE

Thank you for visiting The Center for Produce Safety’s (or “CPS’”) website. In order to make the site useful and safe, we have established certain guidelines, below. The Center for Produce Safety reserves the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to The Center for Produce Safety’s website shall be subject to the current guidelines.

THE CENTER FOR PRODUCE SAFETY PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW.  YOUR USE OF THIS WEBSITE RESULTS IN AN AGREEMENT AS FULLY DESCRIBED IN THE SECTION ENTITLED AGREEMENT. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

SITE CONTENT COPYRIGHTED
The contents of The Center for Produce Safety’s  website pages, including, but not limited to text, graphics and icons, are copyrighted materials owned or controlled by The Center for Produce Safety  and contain The Center for Produce Safety’s name, trademarks, service marks, and trade names.

You may download copies these materials and print copies of the materials for your non-commercial use in learning about produce safety and the activities of CPS. You may also download, reproduce, and distribute photos appearing on the website. These copyrighted photos may only be used in their original form, and may not be altered or modified. When copyrighted photos downloaded from the website are reproduced, published or displayed, they must bear the word "copyright" or the © symbol and the statement: "Courtesy of The Center for Produce Safety."

No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify copyrighted materials from The Center for Produce Safety  website. No permission is granted to you to use Center for Produce Safety icons, site address, or other means to hyperlink other Internet sites with any page in The Center for Produce Safety website, and The Center for Produce Safety  assumes no responsibility for any other party's site hyperlinked to The Center for Produce Safety  website or in which any part of The Center for Produce Safety website has been hyperlinked.If you wish to link The Center for Produce Safety to your website please contact CPS:

The Center for Produce Safety
Attn:  Bonnie Fernandez-Fenaroli, Executive Director
Phone: 530.554.9761
Email:  Bonnie@centerforproducesafety.org

WARRANTY
THIS SITE, INCLUDING ALL DATA, SOFTWARE, DOCUMENTATION, AND CONTENT CONTAINED WITHIN IT AND ALL SERVICES AVAILABLE ON IT, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE CENTER FOR PRODUCE SAFETY MAKES NO WARRANTY THAT THE DATA AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DATA OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY DATA OR SERVICES WILL MEET YOUR EXPECTATIONS. NEITHER THE CENTER FOR PRODUCE SAFETY NOR ANY OF ITS CONTRACTORS AND AGENTS ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY DATA OR INFORMATION DISCLOSED; NOR DO THEY REPRESENT THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS.

NONENDORSEMENT
Reference to any specific company, products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by The Center for Produce Safety .

LIMITATION OF LIABILITY
THE CENTER FOR PRODUCE SAFETY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR DATA, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES, DATA, CONTENT, OR INFORMATION IS TO STOP USING THE SITE AND/OR THOSE SERVICES, CONTENT, DATA OR INFORMATION.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that The Center for Produce Safety is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and The Center for Produce Safety reserves the right to remove such materials from the CPS website without liability.

INDEMNITY
Each User shall indemnify, hold harmless, and defend The Center for Produce Safety and its officers, directors, employees, agents, and affiliates from and against all claims, demands or liability arising out of or related to such users violation of any of the provisions of this agreement.

CURRENTNESS OF INFORMATION
The information published on this website was valid at the time of publication. The Center for Produce Safety reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions, or discrepancies.

LINKS TO THIRD PARTY WEBSITES
The Center for Produce Safety website contains links to and frames of sites which are not maintained by The Center for Produce Safety. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in The Center for Produce Safety’s website does not imply The Center for Produce Safety’s  endorsement of the linked or framed sites or their content.

THE CENTER FOR PRODUCE SAFETY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HAVE NO CONTROL OVER, AND NO LIABILITY FOR, ANY THIRD PARTY WEBSITES OR MATERIALS. THE CENTER FOR PRODUCE SAFETY MAKES NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY SUCH SITES, NOR DOES IT ASSUME RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE SITES. YOU ACKNOWLEDGE AND AGREE THAT CPS MAKES NO GUARANTEES ABOUT, AND ASSUMES NO RESPONSIBILITY FOR, THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THIS THIRD PARTY CONTENT, AND THAT, UNLESS EXPRESSLY PROVIDED OTHERWISE, THESE TERMS OF USE SHALL GOVERN YOUR USE OF ANY AND ALL THIRD PARTY CONTENT.

THE MATERIAL IN THIRD PARTY SITES IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CENTER FOR PRODUCE SAFETY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT.  CPS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS ON THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE THIRD PARTY SITES, INCLUDING BULLETIN BOARDS ON THOSE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (NOT THE CENTER FOR PRODUCE SAFETY) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION FROM SUCH HARMFUL EFFECTS.

Companies wishing to have a link posted on The Center for Produce Safety's website must submit a written request to:

The Center for Produce Safety
Attn:  Bonnie Fernandez-Fenaroli, Executive Director
Email:  Bonnie@centerforproducesafety.org

As a condition for posting a link to a third party website, The Center for Produce Safety will require that the requesting third party enter into a Linking Agreement with The Center for Produce Safety.

The Center for Produce Safety reserves the right to disable links from third party sites to its website at any time in CPS’ sole discretion.

E-MAIL AND MESSAGE BOARDS
By posting messages, uploading files, inputting data, or engaging in any other form of communication through The Center for Produce Safety's website, you agree to grant The Center for Produce Safety a royalty free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; and sublicense to third parties the unrestricted right to exercise any of the foregoing right granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including, but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. You also agree not to use The Center for Produce Safety’s e-mail service to send spam or to use the website's domain name when sending e-mail from another destination.

The Center for Produce Safety website may include message boards which allow feedback to The Center for Produce Safety and real-time interaction between users of the site. The Center for Produce Safety does not control the messages, information, or files delivered to the message boards. It is a condition of your use of the message boards and this website that you do not:

  1. Restrict or inhibit any other user from using and enjoying the message boards;
  2. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
  3. Post or transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
  4. Post or transmit any information, software or other material which contains a virus or other harmful program; or
  5. Post or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising.

If you have knowledge that infringing content has been posted on The Center for Produce Safety’s website, please notify:

The Center for Produce Safety
Attn:  Bonnie Fernandez-Fenaroli, Executive Director
Phone: 530.554.9761
Email:  Bonnie@centerforproducesafety.org

You understand that The Center for Produce Safety has no obligation to monitor the message boards. The Center for Produce Safety reserves the right at all times, however, to disclose any information as necessary or proper to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in The Center for Produce Safety’s sole discretion are objectionable or in violation of these Terms of Use, or for the purposes of clarity or conciseness. Violators of this policy may be barred from access to our message boards.

PRIVACY POLICY
This Privacy Policy discloses the privacy practices for The Center for Produce Safety website and various related services (together referred to as the "site"). The Center for Produce Safety, the provider of the site (referred to as "us" or "we"), is committed to protecting your privacy online.

You acknowledge that this Privacy Policy is part of our website Terms and Conditions of Use, and by accessing or using our site, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use this website.

We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an e-mail to the e-mail address listed by registered users and posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address as a registered user, review this site and this Policy periodically and to be aware of any modifications. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.

1. What information do we collect from you?
We collect two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.

Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this site, such as submitting data, posting content in discussion forums or other public areas, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), e-mail address, employer, telephone and facsimile numbers, and other personal identifying information. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the website's Uniform Resource Locator ("URL") that you just came from, which URL you go to next, what browser you are using, and your Internet Protocol ("IP") address. An URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web, allowing Web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.

2. Where do we collect information from you and how do we use it?
We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you (a) register for our services and register your e-mail address with us; (b) send e-mail messages, submit forms or transmit other information by telephone or letter or (c) enter sweepstakes or contests sponsored by us or one of our contractors or affiliates.

We may also collect information from you at other points on our site that state that such information is being collected.

In addition, we may also collect certain Non-Personally Identifiable Information. We use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information.

We will primarily use your Personally Identifiable Information to provide information and services to you. We will also use Personally Identifiable Information to enhance the operation of our site, statistically analyze site use, and customize and improve our site's content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms of Use and this Private Policy.

3. With whom do we share your information?
We do not sell, trade, or rent your Personally Identifiable Information to others. We do provide some of our services through contractual arrangements with affiliates, service providers, and other third parties. We and our service affiliates use your Personally Identifiable Information to operate our sites and to deliver their services. We encourage our service affiliates to adopt and post privacy policies. The use of your Personally Identifiable Information by our service affiliates, however, is governed by the privacy policies of those service affiliates, and is not subject to our control.

Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

4. How can you update or correct your Personally Identifiable Information?
We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may access and correct your personal information and privacy preferences by writing us at:

The Center for Produce Safety
Attn:  Bonnie Fernandez-Fenaroli, Executive Director
Email:  Bonnie@centerforproducesafety.org

Please include your name, address, and/or e-mail address when you contact us.

We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this site. In addition, it may be impossible to completely delete your information without some residual information because of backups.

5. What are your choices regarding collection, use, and distribution of your information?
We may, from time to time, send you e-mail regarding our activities. In addition, if you indicated upon registration that you are interested in receiving information from us and our affiliates, we may occasionally send you direct mail about news and services that we feel may be of interest to you. Only The Center for Produce Safety will send you these direct mailings and only if you indicated that you do not object to these mailings. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily edit your account information to no longer receive such mailings.

You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our site may not work properly in your case.

6. What security precautions are in place to protect against the loss, misuse, or alteration of your information?
At our site you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

7. Do we use "cookies"?
When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a website stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our site. The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.

8. What should you know about privacy policies and data collection at any third party sites accessible from our site?
Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our site have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties.

9. What else should you know about your privacy online?
Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.

You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, e-mail address, etc.) in the discussion forums or other public areas on this site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to chat rooms or other public areas on this site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you are online.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

The Center for Produce Safety
Attn:  Bonnie Fernandez-Fenaroli, Executive Director
Phone: 530.554.9761
Email:  Bonnie@centerforproducesafety.org

AGREEMENT
The foregoing Terms and Conditions of Use, guidelines, policies, and notices constitute an Agreement between The Center for Produce Safety and each user with respect to the subject matter hereof and there are no representations, understandings, or agreements which are not fully expressed in this Agreement. When you use the website you agree to be bound by this Agreement. The Center for Produce Safety may modify the terms of this Agreement at any time by posting a notice of such modification on a page of the site titled "Legal Notices" and such modifications shall become effective immediately. By using the website after such modification you agree to be bound by the modifications.

This Agreement is entered into in the State of California and shall be governed by and construed in all respects by the laws of the State of California without giving effect to any principles of conflicts of law. The Parties agree to venue and jurisdiction of the courts in the State of California, County of Yolo for actions brought in State court, and County of Sacramento for actions brought in federal court. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

This Agreement is effective until terminated by The Center for Produce Safety, at any time without notice. In the event of termination, you are no longer authorized to access the message boards, and the restrictions imposed on you with respect to material downloaded from the message boards, the disclaimers and limitations of limitations of liabilities set forth in this Agreement, shall survive. Your right to use this website shall terminate immediately if you violate or disregard any of the provision of this Agreement.