Terms of Service
Last Modified: September 14, 2017
Welcome to Copia, offered by Go Copia, PBC (“Copia”, “we”, or “us”). We provide a technology platform that facilitates the pickup and delivery of excess food inventory from Food Providers (“donor” or “customer”) to individuals and entities (“nonprofit”) that need it.
This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively, the “Service”). Copia reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
COPIA USES A NETWORK OF INDEPENDENT THIRD-PARTY CONTRACTORS WHO PROVIDE FOOD RECOVERY AND DELIVERY SERVICES TO OUR USERS. IT IS UP TO EACH CONTRACTOR TO PROVIDE SUCH DELIVERY SERVICES. THE FOOD PROVIDERS AVAILABLE THROUGH OUR SERVICES ALSO OPERATE INDEPENDENTLY OF THE COMPANY. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY CONTRACTOR OR FOOD PROVIDER. THE COMPANY IS NOT RESPONSIBLE FOR THE FOOD PROVIDERS’ FOOD PREPARATION OR SAFETY AND DOES NOT VERIFY THEIR COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS. THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR ACTS BY ANY THIRD-PARTY FOOD PROVIDER OR CONTRACTOR, OTHER THAN AS STATED HEREIN.
FURTHER, YOU ACKNOWLEDGE AND AGREE THAT COPIA DOES NOT PROVIDE DELIVERY, LOGISTICS OR COURIER SERVICES OF ANY KIND, AND IS NOT A LOGISTICS CARRIER. THROUGH THE SERVICE, COPIA OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY COURIER SERVICES; IT DOES NOT ITSELF PROVIDE SUCH SERVICES OR ACT IN ANY WAY AS A COURIER, AND HAS NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR SUCH COURIERS OR THEIR PICKUP, STORAGE, HANDLING, OR DELIVERY OF GOODS. DEPENDING ON THE GEOGRAPHICAL AREA IN WHICH THE SERVICE IS BEING USED, SUCH THIRD-PARTY COURIER SERVICES ARE PROVIDED BY COPIA’S CHANNEL PARTNERS AND/OR INDEPENDENT CONTRACTORS. YOU EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT COPIA DOES NOT EMPLOY ANY SUCH COURIERS AND THAT THEY OPERATE AS INDEPENDENT THIRD PARTIES.
This is a contract between you and Copia. You must read and agree to these terms before using the Copia Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Copia, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Copia.
1.2. Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Copia reserves all rights not expressly granted herein in the Service and the Copia Content (as defined below). Copia may terminate this license at any time for any reason or no reason.
1.3. Acceptable Use
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Copia servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Copia grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from Copia’s websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
1.4. User Accounts
Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Copia with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords with your User Account. You must notify Copia immediately of any breach of security or unauthorized use of your User Account. Copia will not be liable for any losses caused by any unauthorized use of your User Account.
You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Copia your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1.5. Changes to the Service
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
1.6. Disputes with Other Users
You are solely responsible for your interactions with other Users. We have no obligation to monitor disputes between you and other Users. Copia shall have no liability for your interactions with other Users, or for any User’s action or inaction.
1.7. Service Location
The Service is controlled and operated from facilities in the United States. Copia makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Our Proprietary Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Copia Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Copia and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Copia Content. Use of the Copia Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Copia under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Copia does not waive any rights to use similar or related ideas previously known to Copia, or developed by its employees, or obtained from sources other than you.
3.1. Billing Policies
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, the applicable pricing terms will be set forth in a separate written agreement between you and Copia, such as an order form, purchase order, or similar document. Copia may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our Pricing or Payment Terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
3.2. No Refunds
You may cancel your User Account at any time; however, there are no refunds for cancellation. In the event that Copia suspends or terminates your User Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Copia Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your User Account, or for anything else.
3.3. Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
3.4. California Residents
The provider of services is: Go Copia PBC, 1160 Battery St East, Suite 100, San Francisco, California 94111. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
You may sign up to receive certain Copia notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
Copia cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Third-Party Links and Information
You agree to defend, indemnify and hold harmless Copia and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (viii) your interactions with any other User(s).
No Warranty; Disclaimer
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COPIA OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COPIA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
FURTHER, COPIA DOES NOT CONTROL, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COPIA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE FOREGOING INCLUDES ANY COURIER SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE, WHICH ARE ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO PROVIDES SUCH COURIER SERVICES TO YOU.
WITHOUT LIMITING ANYTHING SET FORTH ELSEWHERE IN THIS AGREEMENT, COPIA MAY INTRODUCE YOU TO THIRD PARTY COURIERS FOR THE PURPOSES OF PROVIDING COURIER SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY COURIERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COPIA FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY COURIERS. COPIA WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE COPIA FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COPIA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL COPIA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COPIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COPIA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COPIA HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Governing Law, Arbitration, and Class Action/Jury Trial/PAGA Waivers
11.1. Governing Law
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Copia. For any dispute with Copia, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Copia has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration with a single arbitrator through JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitrator may determine that other JAMS rules apply to the Claim(s) if warranted by the facts and circumstances. JAMS may be contacted at www.jamsadr.com and the JAMS rules are available at https://www.jamsadr.com/adr-rules-procedures. The arbitration will be conducted in San Francisco County, California, unless you and Copia agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing the Parties from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its data security, Intellectual Property Rights or other proprietary rights.
11.3. Class Action Waiver
You and Copia agree that any arbitration will be limited to the Claims between you and Copia individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COPIA ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION OR REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Notwithstanding the foregoing, this Class Action Waiver shall not apply to California Private Attorney General Act Claims brought against Copia to the extent a Class Action Waiver is not legally enforceable as to those claims. Further, unless both you and Copia otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the JAMS rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the Claim is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible. You agree and acknowledge that, by entering into these terms, you and Copia are each waiving the right to a trial by jury.
The arbitration agreement set forth in this Section 11 does not apply to individuals who provide courier services using our platform as independent contractors (“Drivers”). Drivers are bound by Copia’s Driver Independent Contractor Agreement and its separate arbitration agreement.
Additional Terms for Mobile Applications
12.1. Mobile Applications
We may make available software to access the Service via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Copia does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Copia hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Copia User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Copia may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Copia or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Copia reserves all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.
12.2. Mobile Applications from Apple App Store
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Copia, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Copia as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Copia as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Copia, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Copia acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Copia without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
13.2. Notification Procedures and Changes to the Agreement
Copia may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Copia in our sole discretion. Copia reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Copia is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Copia may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
13.3. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Copia in connection with the Service, shall constitute the entire agreement between you and Copia concerning the Service. In the event that any portion of this Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Agreement shall be given full force and effect.
13.4. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Copia’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at email@example.com with any questions regarding this Agreement.
Last Modified: June 28, 2015
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. BY ACCESSING THIS WEBSITE YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF SERVICE.
This website is owned and operated by Copia and its subsidiaries and affiliates (collectively “Copia,” “we,” or “us”). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of service. Use of the website is offered to you conditioned on your acceptance without modification of all terms, conditions, and notices contained or referenced herein (the “Terms of Service”). Use of this website is restricted to persons over 13 years of age. Your use of the website and services constitutes your agreement to all Terms of Service. If you do not agree to these terms, do not use the website. You agree to familiarize yourself with the Terms of Service and to abide by them if and when you use the website. Copia is free to revise these Terms of Service at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these Terms of Service periodically for changes.
THIRD PARTY WEBSITES
This website may provide you with links to other websites on the Internet (“Linked Sites”). The Linked Sites are not under Copia’s control, and Copia is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by Copia or any association with the operators of the Linked Sites
You acknowledge and agree that the materials contained in this website are protected by copyright, trademark and other proprietary rights and laws. You may temporarily download or save to your disk or hard drive one copy of materials found on this website for your personal use only, provided such copies you make of this material must include any copyright, trademark or other proprietary notice located on the website which pertains to the copied material. Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. You agree not to systematically retrieve data or other content from this website for the purpose of creating a collection, compilation, database, or directory without Copia’s written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with the these Terms of Service. You may not mirror or archive any part of this website or any material contained on this website on any server or computer without Copia’s written permission.
PRODUCTS, SERVICES AND SOFTWARE
Downloading or utilizing software from this website or any associated mobile platforms does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Any software available is copyrighted by Copia or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, recompile, disassemble, or otherwise reverse engineer the software. A description to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Copia of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.
NO UNLAWFUL OR PROHIBITED USE
You agree not to use the website for any purpose that is unlawful or prohibited by the Terms of Service. You may not use the website in any manner that could damage, disable, overburden, or impair this website or interfere with any other party’s use of this website or services. You may not seek by any means to obtain any materials or information through the website not intentionally made available to you through the website.
You hereby grant to Copia the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, copy, print, publish, translate, create derivative works from, distribute, perform, and display all communication, content of any type, remarks, suggestions, ideas, graphics, reviews or comments, or other information communicated to Copia through this website or associated mobile platforms, including, but not limited to, messages, text, audio, video, images or photographs (collectively, the “Communications”), and to incorporate any Communication in other works in any form, media, or technology now known or later developed. Copia will not be required to treat any Communication as confidential, and may use any Communication in its business and provision of services (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Copia operations. You further agree to indemnify Copia and its officers, directors, members, employees, agents and affiliates, past, present, and future and hold them harmless from any and all claims and expenses, including attorneys’ fees arising from the Communications and/or your failure to comply with the Terms of Service.
You are solely responsible for the posting or submission of any Communications, your interaction between you and any other members, and the consequences of posting or submitting Communications to or though this website. Copia is not responsible for the consequences of any Communications posted to or submitted through this website or associated mobile platforms, including, but not limited to any Communications in any chat rooms, blogs, discussion boards, private messaging or forums on or through this website. In cases where you feel threatened or believe someone else is in danger, contact your local law enforcement agency immediately.
You will not upload or transmit any Communications that infringe or violate any rights of any party. By submitting Communications to this website, you agree that such submission is non-confidential for all purposes.
You agree not to upload images, photographs or videos of other people without their permission.
You agree to only post Communications that you have authored or taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, intellectual property rights, privacy or any other rights of any other person.
You agree not to post any Communications that contain expressions of hate, abuse or violence; offensive images or conduct; obscenity; pornography; material that is sexually explicit; threatening, harassing, slanderous or embarrassing; and/or any material that would give rise to any civil or criminal liability.
You agree not to use this website or associated mobile platforms for any purpose in violation of local, state, national or international law.
You agree not to post or submit advertisements or solicitations of business except for the purpose of requesting food pickups.
You agree not to upload any Communications that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software of this website or any of its users.
You agree not to post chain letters or pyramid schemes.
You agree not to impersonate another person.
You agree not to harvest or otherwise collect information about others, including e-mail addresses.
You agree not allow any other person or entity to use your identification for posting or viewing comments.
You agree not to spam, or post the same note more than once.
You agree not to engage in any conduct that restricts or hinders any other person from using or enjoying this website or which, in Copia’s sole judgment, exposes Copia or users of this website or associated mobile platforms to any liability or harm of any type. You further agree to indemnify Copia and its officers, directors, members, employees, agents and affiliates, past, present, and future and hold them harmless from any and all claims and expenses, including attorneys’ fees arising from the Communications and/or your failure to comply with the Terms of Service.
COPIA ASSUMES NO RESPONSIBILITY OR LIABILITY FOR MONITORING COMMUNICATIONS ON THIS WEBSITE OR ASSOCIATED MOBILE PLATFORMS. COPIA RESERVES THE RIGHT, BUT IS NOT OBLIGATED, TO DO ANY OR ALL OF THE FOLLOWING, AND IT SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO USERS OF THIS WEBSITE, ASSOCIATED MOBILE PLATFORMS OR OTHERS FOR PERFORMANCE OR NONPERFORMANCE OF THESE ACTIVITIES:
Remove all Communications that are abusive, illegal, and disruptive or that fail to conform to the agreement in any manner.
Monitor, edit, delete or disclose any Communications posted on this website, regardless whether such Communications violate the agreement.
Terminate a user’s access to any areas of this website for any reason.
Investigate an allegation that any Communication does not conform to the agreement and may, in its sole discretion, remove or request removal of the Communication.
Record the dialogue in any chat room(s) or other postings.
WHAT INFORMATION WE COLLECT AND HOW WE USE THAT INFORMATION:
Our registration forms requires particular information. Recipient organizations will need to provide up-to-date contact information that will include name, email address, address, and other information needed to enable Copia to contact and locate the organization to facilitate a food delivery. You may optionally upload a photograph of your recipient organization. By uploading or emailing a photograph to the site, you confirm that:
You are authorized to provide the photograph to FeedingForward.com. The photograph accurately represents your organization. Any/all people appearing in the photograph have provided you with explicit approval to be photographed and for the photograph to be uploaded to the site.
You and anyone appearing the photograph explicitly agree to: Having the photograph appear on the site.
Allowing FeedingForward.com to copy, distribute, display and make derivative works.
Allowing the photograph to be used by FeedingForward.com for informational, educational or promotional purposes which may include appearing in mass media, video, presentations, printed material or emails on our site or other sites such as Facebook, YouTube, etc.
The use of the photograph by FeedingForward.com for informational, educational or promotional purposes does not entitle you or anyone else to any prior notice, compensation or other remedies.
Not have any personally identifying information (such as a name of an individual) appear in the photograph.
We encourage corporations, other businesses as well as registered recipient organizations to send to FeedingForward.com, emails, photographs and videos showing or describing the food pickup requests made or food received. By emailing or uploading textual, image or video information about a food pickup request, you confirm that:
You are authorized to provide the textual, image or video information to FeedingForward.com.
Any/all people described or appearing in the textual, image or video information have provided you with explicit approval to be written about, photographed or videoed and for the textual, image or video information to be uploaded or emailed to the site.
Any/all people described or appearing in the textual, image or video information explicitly agree to: Having the textual, image or video information on the Site. Allowing FeedingForward.com to copy, distribute, display and make derivative works.
Allowing the textual, image or video information to be used by FeedingForward.com for informational, educational or promotional purposes which may include appearing in mass media, video, presentations, printed material or emails on our site or other sites such as Facebook, YouTube, etc.
The use of the textual, image or video information by FeedingForward.com for informational, educational or promotional purposes does not entitle you or anyone else to any prior notice, compensation or other remedies. Not have any personally identifying information (such as a name of an individual) appear in the photograph or video.
FeedingForward.com will not publish or otherwise distribute your name or other personally identifying information (or that of others appearing in the textual, image or video) without your prior explicit consent. Instead, FeedingForward.com may elect to use your initials and city/state if needed.
USER GENERATED CONTENT
The views, opinions and comments expressed on message boards, blogs, etc., if any, DO NOT reflect the views and opinions of Copia.
If you choose to make a donation to Copia, your donation will be processed through our donation processing service provider. Our provider’s use of your information is based on its terms of service and policies, not ours. We encourage you to review those policies carefully. Please note that the personal information you provide in connection with your donation will be used to process the payment of your donation to Copia.
This website is not intended for children under the age of 13. By using this website, you affirm, represent and warrant that you are at least 13 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service and agree to comply with the Terms of Service. If you are under 13, please do not provide Communications or otherwise use this website.
Any user names and/or passwords used for this website or associated mobile platforms are for individual, business, or organization use only. You will be responsible for the security of your user name and/or password (if any). Copia will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Copia considers insecure, Copia will be entitled to require the password to be changed and/or terminate your account.
You agree to provide true, accurate, current and complete information on this website for use in any program or service in which you participate through this website or associated mobile platforms. If you provide to Copia any information that is false, inaccurate, out of date, or incomplete, or Copia has reasonable grounds to suspect that such information is false, inaccurate, out of date, or incomplete, Copia may suspend or terminate your access to this website and the services thereof, and may refuse any and all current or future use of the services.
You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Copia reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Copia reserves the right to investigate suspected violations of these Terms of Service.
USER’S LIMITED ACCESS
The website may contain communication services such as bulletin boards, chat rooms, news groups, communities, personal web pages, group calendars, electronic mail postings, and other public forums. You agree to post messages only if they are relevant to the intended subject matter of the forum. You agree that you will not:
Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others. Violate the copyright, trademark, or other intellectual property rights of any other person or entity. Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer. Improperly assume or claim the identity, characteristics, or qualifications of another person. Conduct or forward surveys, contests, pyramid schemes, or chain letters. Use the website for commercial purposes, or post messages that contain advertising or are intended to solicit others to buy or sell services or to make donations. Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent. Attempt to gain access to any portion of this website, any computer, server, account, network, software, or hardware associated with this website, from which you are restricted. Violate any applicable laws or regulations. Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website. Post hyperlinks to other websites that contain content that falls within the descriptions set forth above.
Copia is not obligated to monitor the communications contained on the website. However, Copia may, at its sole discretion edit, decline to post, or remove any information or materials or any portion thereof.
NO REPRESENTATIONS OR WARRANTIES
Copia makes no representations or warranties that this website or associated mobile platforms are free of defects, viruses or other harmful components. Use of this website and its content is at your own risk. Copia shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Copia computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND ASSOCIATED MOBILE PLATFORMS AND YOU AGREE TO HOLD COPIA HARMLESS FROM, AND YOU COVENANT NOT TO SUE COPIA FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE OR ASSOCIATED MOBILE PLATFORMS, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE OR ASSOCIATED MOBILE PLATFORMS. The pages on this website or associated mobile platforms may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS WEBSITE AND ASSOCIATED MOBILE PLATFORMS IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE AND ASSOCIATED MOBILE PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COPIA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. COPIA MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COPIA OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS PAST, PRESENT, AND FUTURE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, AND STRICT LIABILITY OR OTHERWISE, EVEN IF COPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; COPIA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. If you are dissatisfied with any portion of the website or the associated services, your sole remedy is to cease using them.
You agree to defend, indemnify, and hold harmless Copia and its employees, agents, directors, members, officers and shareholders, past, present, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of this website, associated mobile platforms, and services, your breach of this agreement, or your infringement of the intellectual property rights of third parties.
This agreement shall remain in full force and effect while you use the website, associated mobile platforms, and services. Copia reserves the right to terminate your access to the website or to any or all of its services at any time without notice for any reason whatsoever.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, and logos appearing in this website are the property of Copia or the party that provided the trademarks, service marks, and logos to Copia. Copia and any party that provided trademarks, service marks, and logos to Copia retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this website.
All content on this website or associated mobile platforms whether provided by Copia or through links to Linked Sites is the copyrighted work of Copia and/or the owner(s) of the Linked Sites. Except as stated herein, none of the contents of the website or associated mobile platforms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Copia or the owner(s) of the Linked Sites.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS:
In accordance with the Digital Millennium Copyright Act (DMCA), Copia has designated an agent to receive notice of unauthorized online use of copyrighted materials. If you believe that your copyrighted work is being infringed, please notify our Designated Agent specified below in writing and include all of the following:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Copia to locate the material. Information reasonably sufficient to permit Copia to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. The copyright owner, its agent, or the law does not authorize a statement that the complaining party has a good faith belief that use of the material in the manner complained of. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please mail the notification and supporting information to our Designated Agent at firstname.lastname@example.org.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Designated Agent:
Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the of the courts of the State of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Copia may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Copia’s sole discretion.
Content and pictures posted on our website or associated mobile platforms may be reused across the site and in promotional materials. Copia reserves the right to use photographs uploaded to the site in order to promote and publicize itself and its mission.
Nothing on this website or associated mobile platforms shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Copia or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, Copia is the owner of all trademarks and service marks on this website and associated platforms, whether registered or not.