This page describes the terms and conditions governing your use of www.HowFreshStaysFresh.com and the mobile version of that website (the “Sites”), which is provided by the American Frozen Food Institute (“AFFI”, “we,” “our,” or “us”).
Content published on the Sites is our property, the property of AFFI members, or our licensors. You may not reproduce, republish, or redistribute content or any portions thereof without the written consent of the copyright owner.
You agree that you will not in any way infringe or misappropriate any of the intellectual property accessible through the Sites. This means you agree not to copy, modify, publish, transmit, create derivative works from, transfer, sell, or display content, including logos, trademarks or service marks, without written consent or otherwise violate our proprietary rights or those of others.
You will not reuse, republish, or otherwise distribute content or any modified or altered versions of it, whether over the Internet, other networks, or otherwise, regardless of whether you receive payment for such activity, unless you receive express written permission from us or the appropriate copyright holder.
If you submit information via the “Contact Us” section of the Sites, you agree that we may use any information or materials you submit without limitation and you grant us a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the information in any media, form, format, or forum.
You also agree that you will not upload or transmit any information that infringes or violates the rights of any party or contains a virus, malicious code, or other harmful or offensive material or information.
WHILE WE STRIVE FOR ACCURACY IN THE INFORMATION WE PROVIDE ON THE SITES, THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THE CONTENT OR ANY OTHER SERVICE OR PRODUCT ON OR RELATED TO THE SITES (INCLUDING ANY LINK TO OTHER WEBSITES OR RESOURCES). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, TIMELINESS, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED VIA THE SITES, NOR DO WE WARRANT OR GUARANTEE THAT ANY FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF DEFECTS. WE ARE NOT LIABLE IN ANY WAY TO YOU OR TO OTHER PARTIES FOR DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN MATERIAL PUBLISHED ON THE SITES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, DAMAGE, OR HARM OF ANY KIND RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED OR AVAILABLE THROUGH THE SITES.
THE CONTENT AND FEATURES OF THE SITES ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE INCLUSION OF ANY CONTENT OR FEATURES ON THE SITES DOES NOT IMPLY OR WARRANT THAT THE CONTENT OR FEATURES WILL ALWAYS BE AVAILABLE.
WHILE WE TAKE REASONABLE STEPS TO ENSURE THAT NO VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROPERTIES ARE PRESENT ON THE SITES, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES IS WITH YOU. YOU WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL WE OR AFFI MEMBERS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITES, OR ANY INFORMATION OR SERVICES PROVIDED ON THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES PUBLISHED ON THE SITES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT ANY OF THESE EXCLUSIONS OR LIMITATIONS OF LIABILITY, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.
If you provide us with your email address, you agree that we may send emails to the email address you provide in order to respond to your communications or inform you about changes to the Sites. You may contact as described in the “Our Contact Information” section below.
YOU AND WE AGREE THAT IN THE EVENT OF ANY DISPUTES BETWEEN US, WE WILL FIRST TRY TO RESOLVE IT BY TALKING WITH EACH OTHER. IF WE ARE UNSUCCESSFUL IN RESOLVING OUR DISPUTES IN THIS MANNER WITHIN A REASONABLE TIME PERIOD, YOU AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW:
(B) EXCEPT AS OTHERWISE REQUIRED BY LAW, WE EACH AGREE TO PURSUE ON AN INDIVIDUAL BASIS ANY SUCH CONTROVERSY OR CLAIM. IF MULTIPLE CLAIMS ARE JOINED IN ONE ACTION, SOME OF WHICH WOULD NOT BE SUBJECT TO ARBITRATION, THE LATTER CLAIMS MUST BE STAYED UNTIL ANY CLAIMS IN THAT ACTION THAT ARE SUBJECT TO ARBITRATION HAVE BEEN RESOLVED. IF CLAIMS ARE ASSERTED AGAINST MULTIPLE PARTIES, SOME OF WHOM ARE NOT REQUIRED TO ARBITRATE, THE CLAIMS SUBJECT TO ARBITRATION MUST BE SEVERED. HOWEVER, YOU RETAIN YOUR RIGHT TO FILE A COMPLAINT WITH ANY REGULATORY AGENCY OR COMMISSION;
(C) THE ARBITRATION SHALL BE CONDUCTED IN MCLEAN, VIRGINIA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF;
(D) YOU UNDERSTAND AND FULLY AGREE THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, BOTH YOU AND WE ARE GIVING UP OUR CONSTITUTIONAL RIGHT TO HAVE A TRIAL BY JURY AND ARE GIVING UP OUR NORMAL RIGHTS OF APPEAL FOLLOWING THE RENDERING OF A DECISION, EXCEPT AS PROVIDED FOR BY THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW. IN THE EVENT THE FOREGOING ARBITRATION AGREEMENTS DO NOT APPLY, YOU AND WE EACH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY AND A JUDGE WILL DECIDE ANY AND ALL DISPUTES;
(E) ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITES MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE GIVING RISE TO THE CLAIMS; AND
(F) YOU REPRESENT THAT YOU HAVE REVIEWED AND UNDERSTAND THE TERMS OF THIS ARBITRATION AGREEMENT.
The Sites are intended to be accessed only from the United States. If you access the Sites from outside the United States, you do so at your own risk and are responsible compliance with applicable laws. We do not claim that the Sites comply with the laws of jurisdictions outside the United States.
The Sites may contain links to websites, mobile applications, or other online services provided by third parties. We are not responsible for the availability of those services or the content provided upon them.
The rights, obligations and commitments in these Terms that—by their nature—would logically continue beyond the termination of the Sites (e.g., those related to copyright infringement) survive termination of the Sites.
American Frozen Food Institute
2000 Corporate Ridge Blvd.
McLean, VA 22102
What information do we collect?
Information You Provide – We and our service providers (companies performing services on our behalf, including web hosting) may collect information that you provide when you communicate with us via the “Contact Us” page. That information may include, but is not limited to, your name, your email address, and other contact information.
Information Automatically Collected from You – We and our service providers may automatically collect certain technical information from your computer or mobile device when you use the Sites. That information may include your Internet Protocol address, your browser type, your operating system, the pages you view on the Sites, and the pages you view immediately before and after you access the Sites. This information helps us to improve the Sites by learning how users interact with them. We and our service providers may collect this information using “cookies,” web beacons and similar technologies.
Web beacons are small snippets of code embedded in webpages typically used to monitor activity on those pages, collect information, or transfer it to servers, such as ours or those of online network advertisers.
The Sites may contain links to content or integrated content (like embedded videos) provided by third parties. For example, video content on the Site may be provided by services such as Vimeo or YouTube. The information practices of those third parties may differ from ours. You should consult the privacy policies of any third party that provides content that you access through the Sites as we do not control and are not responsible for the information that they collect, use, or share. Because your web browser may obtain integrated content directly from third-party servers, the third parties may be able to collect information as if you had visited their sites directly. The third parties may use the information they collect to track your online activities over time and across various websites.
How do we use this information?
We and the companies listed in the “Who We Are” section of the Sites may use the information we collect for a number of purposes, including, but not limited to:
We may combine or aggregate any of the information we collect through the Sites or from other sources for any of these purposes.
When do we share this information?
We may share the information we collect from you through the Sites:
In addition, we may share information that cannot reasonably be linked to particular individuals with any third party for any reason.
Where do we keep this information?
The Sites are intended for users in the United States and the information collected through the Sites will be processed subject to the laws of the United States, which may not provide the same level protection for your personal information as your home country.
The information may be available to the United States government or its agencies under a lawful order made in the United States. In addition, we may transfer your information outside the United States to companies listed in the “Who We Are” section of the Sites or service providers with operations in other countries. By using the Sites, you consent to having your information transferred to and processed in the United States and these other countries.
How is your information secured?
We strive to maintain reasonable administrative, technical, and physical safeguards designed to safeguard the information collected through the Sites. However, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to the Sites over networks that we do not control, including the Internet and wireless networks.
The Sites are not directed to, nor do we knowingly collect information from, children under the age of 13. If you become aware that your child or any child under your care has provided us with information without your consent, please contact us at the contact information listed below.
Your California privacy rights
If you reside in California and have provided personally identifiable information to us, you may request information once per calendar year about our disclosures of certain categories of your personally identifiable information to third parties for their direct marketing purposes. Such requests must be submitted to us in writing at the contact information listed below in “Contact us.”
American Frozen Food Institute Attn: Privacy 2000 Corporate Ridge Blvd. Suite 1000 McLean, VA 22102 703.827.0770 e-mail: info.@affi.com