INFORMATION COLLECTED BY THE FOUNDATION
SUBSCRIPTION LIST E-MAIL AND/OR NEWSLETTER
If a user wishes to subscribe to our mailing list and/or newsletter, we ask for contact information such as name and email address.
From time-to-time our site may request information from users via surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
USE OF INFORMATION
The Foundation will not reveal any personal information that users provide to us to any third party. The Foundation uses visitors’ IP addresses to help diagnose problems with our server and to administer our website. We also use it to gather broad demographic information about our users in general. This information does not contain anything that can identify users personally. We may combine demographic information supplied by a subscriber at registration with site usage data to provide profiles, in aggregate form, about our users and their preferences in the content of the site and advertising.
Using e-mail addresses provided at registration or otherwise, the Foundation periodically sends out e-mail to our subscribers about activities and programs of the Foundation,and our partners. Third parties will not contact our subscribers through the use of our e-mail lists except through message from our partners within the e-mail themselves, or unless users ask to be placed on a list to receive e-mail from our partners on subjects of interest. Upon request, the Foundation will remove users (and their information) from our database or permit them to “opt-out” of any further e-mail or contact.
POLICIES FOR INDIVIDUALS UNDER 13
This web site is not directed to children. Although the Foundation does not specifically seek to obtain any information from children, there are certain areas of our websites that children may visit. the Foundation does not knowingly collect personal information from individuals under 13. If we find that we have inadvertently collected information from individuals under 13 years of age without parental consent, we will promptly delete that information from our database.
The Foundation is not responsible for the content or the privacy polices of websites to which it may provide links.
The Foundation uses reasonable precautions to keep the personal information disclosed to us secure and to disclose such information only to responsible third parties after permission from the user.
NOTIFICATION OF CHANGES
Content and Copyright, Trademark, and Related Issue
The contents, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site (collectively, the “Content”) are for your personal informational purposes only. We authorize you to view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly permitted by these Terms and Conditions and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or termination without notice.
The trademarks, names, slogans, logos, characters and service marks (collectively “Trademarks”) displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms and Conditions, is strictly prohibited.
The Foundation will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.
Linking / Third Party Links on Our Site
In general, we do not object to links to our Site from third-party Web sites. However, you must abide by the following rules:
- Unless we have a written agreement with you, you may not use any of the Trademarks in or with your links, except that you may link to our Site using the plain text name of our Site.
- Do not present the link to our Site in any way that suggests the Foundation or our Site has any relationship or affiliation with your Web site or endorses, sponsors or recommends the information, products or services on your Web site, unless you have a specific written agreement with the Foundation to do so;
- Link only to the home page of our Site; and
- Do not, without Clif Bar’s written permission,: (a) incorporate any content from our Site into your Web site (e.g., by in-lining or framing); or (b) use any of the Trademarks on our Site or any words or codes identifying our Site in any “metatag” or other information used by search engines or other information location tools to identify and select Web sites.
the Foundation will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful Web site, or any Web site that may adversely affect the name, reputation and goodwill of the Foundation and it’s grantors or programs. The Foundation reserves the right to cancel permission to link at any time, for any reason.
Limitation of Liability
The use of the Site and Content is at your own risk and are provided “as is.” Transmissions over the Internet and communications networks is not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATIO AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall we, the Site, our grantors, licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, the Foundation or Clif Bar & Company shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.
You agree to defend, indemnify, and hold the Foundation, Clif Bar & Company, and their officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
The Clif Bar Family Foundation is based in Emeryville, California, in the United States of America. We make no claims that the Site, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Law that Applies; Interpretation and Modification
You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of Alameda, State of California, to adjudicate and resolve any dispute with the Foundation, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
If you believe any materials located on the Site (e.g. Content) infringes your copyright, you may request removal of those materials from our Site by contacting our designate copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed.
- Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version. Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
- A statement that the information that you have supplied is accurate and that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Our contact information for copyright issues relating to this Site is:
Clif Bar Family Foundation
Attn: Legal Department
1451 66th Street
Emeryville, CA 94608-1004
Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our “Contact Us” page or via U.S. mail to: Clif Bar Family Foundation, 1451 66th Street, Emeryville, CA 94608-1004
THE FOUNDATION MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING September 2011