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Terms & Conditions

(Last Update February 2007)

1. User Rights. This Site and the computers (including software and files) used to run and maintain it are the property of Produce For Better Health Foundation [PBH]. This Site, the computers hosting this Site, and the content provided on this Site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software are the exclusive property of PBH, and may not be accessed, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of PBH. You may, however, access this Site and download, display and print the materials presented on this Site for your personal, non-commercial use only. Any unauthorized use of this Site will terminate the permission granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

You may not, without the prior written permission of PBH, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper,” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site.

You may not use, frame or utilize framing techniques to enclose any PBH trademark, logo or other proprietary information (including the images found on this Site, the content of any text or the layout or design of any page or form contained on a page) without our express written consent. Further, you may not use any meta-tags or any other "hidden text" utilizing a PBH name, trademark, or product name without our express written consent.

2. Questions. Questions concerning the use of the Site should be directed to Feedback.

3. Amendments to Terms & Conditions. Produce for Better Health Foundation (PBH) may revise these Terms & Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms & Conditions

4. Links to Other Sites. Fruits & Veggies—More Matters™ website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Produce for Better Health Foundation (PBH) of the contents on such third-party websites. PBH is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. When leaving the Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

5. User Information. The Privacy Policy posted on the Site is incorporated into this Agreement by this reference.

6. Indemnity. You agree to defend, indemnify, and hold harmless PBH from and against any third-party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site.

7. Public forums/chat rooms/message boards/message boards/bulletin boards. Throughout the Fruits & Veggies—More Matters™ website various public forums such as chat rooms, message boards, "ask the expert" areas and various question and answer areas are available to you.

Please remember that any information you disclose in these public forum areas becomes public information and is immediately accessible on the Fruits & Veggies—More Matters website. It is important for you to exercise discretion and appropriate caution when deciding to reveal personal information in these areas. Produce for Better Health Foundation (PBH) may decide to utilize the content of Q&A’s, interactions with experts, and/or chat room and message board content throughout this website and in promotions in order to enhance PBH’s editorial, advertising, promotional and similar activities related to the Fruits & Veggies—More Matters program.

House Rules for Message Board. You agree to comply with the following "House Rules" for posting messages and conduct:

a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to initiate further discussions with other moms on eating fruits and vegetables).

b) You may not send unsolicited commercial email to Users.

c) You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

In addition, you are prohibited from posting or transmitting any information which

(a) infringes the rights of other or violates their privacy or publicity rights,

(b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right,

(c) contains a virus, bug or other harmful item, or

(d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or other harm resulting from your use of this Site and you agree to indemnify, defend and hold harmless PBH against any all claims arising from your violation of these Terms of Use.

d) Although PBH will monitor or review discussions, chats, postings, transmissions, and bulletin boards, PBH is not under any obligation to do so. You acknowledge that PBH does not control the information available on the bulletin boards and chat rooms and that any opinions, advice, statements, services, offers, or other information or content presented or disseminated on any bulletin board or in any chat room are those of their respective authors who are solely liable for their content. PBH reserves the right, in their sole discretion and without any liability therefore, to edit, refuse to post, or remove any material submitted to or posted on the chat rooms or message board listings.

e) Any submissions made to the Site, including, but not limited to, suggestions, questions, documents, computer files, ftp transfers or other information or materials, in any form, shall be the exclusive property of PBH. Such submissions shall be deemed to be non-confidential and PBH shall have no obligation of any kind with respect to such submissions and shall be free to reproduce, use, disclose and distribute the submissions to others without limitation. PBH shall be free to use such submissions, including any ideas, concepts, know-how or techniques contained therein, for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products based upon such submissions, without any obligation to you.

8. Copyright Information. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Fruits & Veggies—More Matters™ website, including but not limited to all content, services, products, events, tools or contests is hereby expressly prohibited without Produce for Better Health Foundation’s (PBH) consent. Contact PBH Corporate Communications Department for permissions and more information.

9. Electronic newsletters and reminders

Free electronic newsletters and tips on a variety of topics may be offered by Produce for Better Health Foundation (PBH). If you choose to subscribe to any of these notifications, you’ll be required to provide a valid email address. In order to receive these newsletters you must opt-in to receiving them. PBH does not share mailing lists with third parties.

10. Surveys and polls

Our surveys and polls ask for opinions on various issues and may be sponsored by or associated with Produce for Better Health Foundation (PBH) advertisers and partners. Occasionally, we may request demographic information (like zip code, age or gender). Most demographic information obtained through surveys and polls is aggregated and used internally or shared with advertisers and partners only in the aggregated form. In the event personally identifiable information is requested as part of surveys or polls, such personally identifiable information is never provided to unaffiliated third parties without your consent. In these instances you may expressly choose to receive information from a sponsor, in which case your information is provided to that sponsor only.

11. Contests and sweepstakes

On occasion, Produce for Better Health Foundation (PBH) may operate sweepstakes, contests and giveaways. We typically ask you for your email address (to notify you if you’ve won, or not). We also ask for first and last names, and sometimes post office addresses in order to verify the entrant’s identity. In some situations, we need additional information as part of the entry process, such as a prize selection choice. This information is shared with an unaffiliated third party:

a. When you choose to receive information from a third-party sweepstakes sponsor;

b. When a sweepstakes is hosted by PBH but administered by a sponsor, again, we will advise you of this in the sweepstakes rules; or

c. Most sweepstakes and contests will also ask you to consent to the release of information contained within the entry form for tax purposes if you become a winner.

You should carefully review the rules of each sweepstakes, contest and giveaway which you enter as they may contain additional important information about PBH’s or a sponsor’s use of your personally identifiable information.

12. "Send this to a friend" and postcard service

Produce for Better Health Foundation (PBH) may offer the ability to forward an article to another person via email or to send an electronic postcard, as applicable. If you use either of these services, we will use the recipient’s email address in order to send the article or postcard and we will also ask for your email address. In the case of postcards, we will ask for your email address and each may be stored so that we can ensure delivery and that the recipient can retrieve the postcard. We do not use the recipient’s email address for any other purpose unless such recipient gives us permission to do so.

13. Links to partner and advertiser sites

The Fruits & Veggies—More Matters™ website may contain links to advertiser and partner websites. We cannot be responsible for the privacy practices or the content of such non-Produce for Better Health Foundation (PBH) websites, and we do not control the practices of any of our advertisers or partners to whom we are linked. However, we generally will advise you when you are leaving the Fruits & Veggies—More Matters website through a link, and when that advertiser’s or partner’s Privacy Policy controls the collection and dissemination of the information you provide.

In order to participate in the partner and/or advertiser supplied services and tools you may be required to provide personally identifiable information to the advertisers and partners whose tools and services you have chosen to interact with. Each advertiser and partner will request different information from you.

14. Information collected by PBH through IP address and cookies

a. IP Address Your IP address is a number that is assigned by your ISP (Internet Service Provider) to your computer to identify its location. We use your IP address to help diagnose problems with our server and to administer our website. We also sometimes use IP addresses to communicate with Users.

b. Cookies Our site uses a feature of your browser to set a "cookie" on your computer. Cookies are small packets of information that a site’s computer stores on your computer. The Fruits & Veggies—More Matters™ website can then read the cookies whenever you visit our website. We use cookies to save your password so you don’t have to re-enter it each time you visit our site, to deliver content specific to your interests, to track the pages you’ve visited and to make sure you don’t see the same ads repeatedly. These cookies allow us to use the information we collect to customize your experience so that your visit to the Fruits & Veggies—More Matters website is as relevant and as valuable to you as possible.

You may modify your browser preference to provide you with choices relating to cookies. 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 cookies you may be unable to use those services that require registration in order to participate or will have to re-register each time you visit.

15. Information sharing policy

PBH does not sell or otherwise share personally identifiable information with unaffiliated third parties without your consent except in the following instances:

a) unless required by applicable law or pursuant to a court or similar order;

b) as deemed necessary, in Produce for Better Health Foundation’s (PBH) discretion, to protect the legal rights or the property of PBH, a member or third party, or to prevent personal injury; and/or

c) in the event PBH is required to transfer personally identifiable information to a third party in the event of a sale, merger, assignment, joint venture or other transfer or disposition of a portion or all of the assets of PBH (including, without limitation, in connection with any bankruptcy or similar proceedings).

In addition, PBH reserves the right to allow access to its systems to third parties providing necessary technical services when such access is required in order to provide those services and to provide your personally identifiable information to third parties who provide services on behalf of PBH, provided that such third parties are bound by PBH’s Privacy Policy. Please note, however, that PBH reserves the right to share any personally identifiable or other information about you which you provide to (or which is gathered by) the Fruits & Veggies—More Matters™ website (subject to the opt-out right set forth at the end of Terms & Conditions Section 16e below with respect to disclosures of personally identifiable information to Affiliates for their direct marketing uses).

16. PBH opt-in/opt-out policy

Upon registration or from time-to-time, you may be asked to indicate whether you are interested in receiving information from us about special offers or news about our site and Fruits & Veggies—More Matters™ activities, information and supporters. If you do choose to receive these communications by means of an opt-in, we will occasionally send you an email message that matches your request(s). You may, of course, always choose not to receive any of this information from us. We currently provide the following opt-out opportunities:

a. At any time, you can follow a link provided in every newsletter or email message (except for e-commerce confirmation emails) to unsubscribe from that mailing list or email service.

b. At any time, you can contact us through Feedback to have your contact preference changed to "Do Not Contact Me."

c. Please note that PBH reserves the right to contact you in the event of a change in the PBH Terms & Conditions and/or PBH Privacy Policy.

17. How we protect and secure your information

Produce for Better Health Foundation (PBH) has numerous security measures in place to protect you from the loss, misuse and alteration of the information under our control, including your credit card information if you choose to conduct an e-commerce transaction from the Fruits & Veggies—More Matters™ online catalog website. PBH uses industry-standard tools, such as firewalls, to ensure that your information is secure and confidential.

18. Guidelines regarding children

Some activities on the Fruits & Veggies—More Matters™ are designed specifically for children. We understand the concerns of parents regarding privacy, especially when it comes to protecting information collected from children, and we strongly encourage parents to supervise and participate in their children’s online activities and consider using parental control tools available through online services and software.

Produce for Better Health Foundation (PBH) has developed the children’s portions of this website to be a fun, educational, and a safe place for children to visit.

19. Contact information

If you have questions about Produce for Better Health Foundation’s (PBH) Terms & Conditions or Privacy Policy or anything else about PBH, you can contact us at the following Feedback email address: corpcomm@pbhfoundation.org.

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