UFA Legal Notices
Terms & Conditions
The website located at upcycledfood.org (the “Site”) is a copyrighted work belonging to Upcycled Food Association (the “Company”), whose principal offices are in Greenwood Village, CO. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
1. Use of Our Service
The Service allows you to find and read content related to the upcycled food industry and to learn more about the work of the Upcycled Food Association, Upcycled Food Association Membership, and the Upcycled Food Certification. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by Company.
No-Commercial Use Policy. You agree to use the Site and the Service only in a noncommercial manner, unless we expressly permit otherwise. You may not use our name in any advertising or press releases or on any websites. We have developed a certification program, which permits commercial use by high performing brands and/or products. Certifications must be earned and paid for before you may claim or make commercial use of them. If you violate this provision, you agree that injunctive relief is an appropriate remedy for us to pursue.
User Account. Registration may be required in order to use some or all of the Services. Some of the features of the Services may require or permit you to log in. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder.
Service Rules. You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service or underlying content and data in any medium, including without limitation by any automated or non-automated “scraping”; (b) 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 Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Company grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) 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. 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 these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. You are solely responsible for your interactions with other Users. Company reserves the right, but has no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. Proprietary Rights. Company retains sole and exclusive ownership of all rights, title and interests in the Service, Company Content, the Site, and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site or Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Service; (c) you shall not access the Site or Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site and Service shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site or Service) must be retained on all copies thereof. You may not copy, transfer, display, frame, or otherwise reference the Company Content on any third party site.
3. For purpose of these Terms, the term “Content” includes, without limitation, blogs, written comments and information, summaries, reports reviews, data, text, photos, graphics, in static or interactive feature. “Company Content” means any Content owned by or licensed to or provided by Company (but excluding User Submissions), and including without limitation any test results or test data. Company may not monitor or control Content posted by users of the Service (including, without limitation, User Submissions) or other individuals or entities (such as advertisers), and cannot be responsible for such Content. Any use or reliance on any Content posted through the Service or obtained by you through the Service is at your own risk. You acknowledge that by providing you with the ability to view and distribute Content on the Site, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Company in its sole discretion.
4. User Submissions. Any and all materials, including without limitation product surveys, suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on or in connection with this Site (“Submissions”) are submitted by you without any restrictions or expectation of confidentiality. You hereby assign to us without additional consideration or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on this Site or elsewhere by us, our assigns or others we have allowed to use your Submissions. You will not assert any proprietary right or moral right of any kind with respect to any Submissions.You represent and warrant to Upcycled Food Association that:
you own, or are otherwise lawfully authorized to use, all Submissions and portions thereof that you transmit to or through this Site;
any Submissions submitted by you will not contain any of the following material (the “Proscribed Material”):
material that is false, factually inaccurate or misleading;
material that is defamatory, libelous, deceptive or fraudulent;
material that violates any U.S. or foreign law or regulation, including without limitation any
law or regulation governing advertising or testimonials;
material that discriminates against, ridicules, harasses or disparages an individual or
group for any reason, or on the basis of race, religion, national origin, gender, sexual orientation, marital status, age, disability or any other status that Upcycled Food Association deems inappropriate for the Site;
material that violates any person’s privacy right;
material that infringes or violates any person’s copyright, trademark or other intellectual
material that is obscene or derogatory; and
material that promotes violence, firearms, ammunition or weapons designed to inflict
serious bodily harm;
material that Upcycled Food Association deems, in its sole discretion, objectionable or
inappropriate for the Site; and
Upcycled Food Association’s use of any Submission, as permitted under this User Agreement, does not and will not violate any U.S. or foreign law or regulation, including without limitation any law related to advertising or testimonials, any law concerning defamation, libel and privacy, and any copyright, trademark or other intellectual property law, and will not cause injury to any person or entity.
You understand and agree that inclusion of any Submissions on the Site is not, and shall not be, an endorsement of any cause, idea, website, interest, products or services.
5. You understand that when using the Service, you may be exposed to User Submission from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Submission. You may be exposed to User Submission that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Company with respect thereto. Company may remove any User Submissions at any time in its discretion.
6. Currently you may use the Service without charge, although Company may change that at any time upon notice.
7. If you provide Company with any feedback or suggestions regarding the Site or Service (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
8. External Websites. The Site may contain links to third-party websites, some of which may be displayed as a link within our own website (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked or framed External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked or framed External Websites, you do so at your own risk.
9. Copyright Policy– DMCA Notice. It is Company’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted in writing to the following DMCA Agent:
Attn: Copyright Agent
Upcycled Food Association
5445 DTC Pkwy, P4
Greenwood Village, CO 80111
Company may at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. You agree to defend, indemnify and hold harmless Company 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: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) any claim or damages that arise as a result of any of your User Submissions or any content or information that is submitted via your account; or (f) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
11. No Warranty. 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. Without limiting the foregoing, company, its subsidiaries, 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.
12. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this service. To the maximum extent permitted by applicable law, company 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 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 submissions or the defamatory, offensive, or illegal conduct of any Third Party. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these terms or your use of the service (for any cause whatsoever and regardless of the form of the action), will not exceed the greater of (a) $100 or (b) total fees paid by you to company during the six (6) months prior to the time such claim arose.
13. Changes to the Terms. These Terms are subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e- mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any material changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or services. Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address In any event, changes to these Terms may affect our use of information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Site, or services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
15. Third Party Content and Privacy Information Delivered to Third Parties
16. Some of the Site Materials, including but not limited to, certain product information, product reviews, news, data, research, analysis and opinions, are provided by independent information providers (“IIPs”). We make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the IIPs. We do not endorse, oppose or edit any opinion or analysis expressed by any of the IIPs. We assume no responsibility or liability for any information, materials or other content provided by any of theIIPs. Moreover, any private information you deliver to third parties accessed through a link at the Site will be held subject to the privacy policies of that third party, and not Upcycled Food Association.
17. Company may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by unsubscribing or emailing email@example.com and providing the Company with your name and email address. If you terminate your account, your profile will be removed from the Service, however, deletion may not be immediate and Company may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.
18. Dispute Resolution. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Please contact Company by e-mail at if you have any concerns or questions. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Company are unable to reach a resolution to the dispute, you and Company will settle the dispute exclusively under the rules of the American Arbitration Association (org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. You and Company agree that any arbitration will be limited to the dispute between Company and you individually. You acknowledge and agree that you and company are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Company 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.
19. Entire Terms. These Terms constitutes the entire agreement between you and us regarding the use of the Site and Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in these Terms shall be binding upon assignees.
20. Copyright/Trademark and Patent Information. Copyright © 2021 Upcycled Food Association All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site and Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
21. Contact Information. Company welcomes your comments or questions regarding these Terms. Please e-mail us at or contact us at the following address or email :
Upcycled Food Association
5445 DTC Pkwy, P4
Greenwood Village, CO 80111
You are welcome to browse the Upcycled Food Association website without registering. However, to access certain options, offers, or services on our site, you will be asked to provide some additional information to view specific types of content. We may collect information from you, including, but not limited to your first and last name, e-mail, login credentials, phone number, and address, when you create an account to log in to our network or at other times. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, and any information that you submit to us, such as a resume. You may also provide other optional information.
We collect the information you post through the website, including your public postings and messages and any private postings and messages. Occasionally, you may receive an invitation to participate in a survey or poll about our site content, services, or products. Your responses are anonymous unless you choose to provide your contact details.
We may also collect or receive information about you from our third-party service providers, advertising partners, marketing companies, or other third parties. We may receive information about you in connection with any purchases you make through links on our website, including without limitation any affiliate links.
Cookies and Web Tracking
By using the website, you are authorizing us to gather, parse, and retain data related to the provision of the website and service.
Because Upcycled Food Association requires registration to view some content, we use analytics to view the categories of content that interest you. We may contact you via email when we acquire new content that may be of interest. Of course, you may opt-out of this feature at any time.
And, you are welcome to decline any browser or flash cookie by changing your web browser preferences to block any of these technologies. If you do so, you may not be able to take full advantage of all our website features.
HOW WE USE YOUR INFORMATION
We use your information to: provide you with the service; facilitate and improve our services; and communicate with you. We use your information for research and marketing purposes; to facilitate the creation of and secure your account on our network; identify you as a user in our system; provide improved administration of our website and services; improve the quality of experience when you interact with our website and services; send you administrative e-mail notifications; respond to your inquiries; send promotional communications; send upgrades and special offers related to our services and for other marketing purposes of ours or our third party companies; make telephone calls to you, from time to time, as a part of secondary fraud protection; and to solicit your feedback. If you provide feedback on any of our services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your information.
We may use or share aggregate or anonymized information for any purpose, including for marketing purposes.
Sharing Your Information
We may share your information: with our third-party service providers and vendors (for example, credit card processors); to comply with legal obligations or requests from law enforcement; to protect and defend our rights and property; and with your permission. We may share information about you in connection with any purchases you make through links on our website, including without limitation any affiliate links.
We do not rent, sell, or share your personally identifiable information with non-affiliated companies for their direct marketing purposes unless we have your permission. We may allow access to other data collected by the service to enable the delivery of online advertising on this website, or otherwise facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
Upcycled Food Association contains links to third-party (“external”) websites. Our company does not endorse or make any representations or endorsements for the accuracy of content located on linked external websites. And, we are not responsible for any linked external website’s privacy policies, content, products, data collection procedures, materials and activities, etc.
Your Safety Online
To be consistent with applicable laws, Upcycled Food Association has adopted reasonable and appropriate measures designed to safeguard the confidentiality of your information and protect it from loss, misuse, alteration, destruction, or unauthorized access. Despite our efforts, there is always some risk that your data will be improperly accessed, including, for example, during your transmission of the information to us.
Please safeguard any passwords and user IDs that you may obtain for restricted sections of our sites, and please contact us immediately if you believe they have been compromised. If you need to update or correct your personal information profile you may do so directly on our website.
Policies for Children
This website is not intended to collect or maintain any information from children under the age of 13. If we learn that we collected any information from anyone under the age of 13, we will purge it immediately, except for responding to a question or inquiry on a one-time basis from the individual.
By using the website or service, you will transfer data to the United States.
Rights of Access, Correction of Objection
At Upcycled Food Association, we take reasonable steps to ensure that your personal information on file is accurate and current. If it changes, please contact us to update your information. You may also access or request correction of the information that we have retained about you, or request that we delete your information. There are certain exceptions that apply. As noted above, you always have the right to withdraw consent to our use of your data for any marketing purpose.
Please review this policy periodically as we may update it to reflect changes to our practices, new requirements, and new security risks and safeguards. The changes become effective upon posting the new version of this policy, and those changes that relate to the use of personal information apply to information that is collected after posting.
If you have any concerns about these policies, please contact us immediately.
firstname.lastname@example.org or mail a letter to:
Upcycled Food Association
5445 DTC Pkwy, P4
Greenwood Village, CO 80111
Last revised on February 2, 2021.