INFORMATION COLLECTED BY THE FOUNDATION

On our Site, the Foundation collects information about users during their registration for our subscription lists; grant applications; their participation in certain activities on our websites, including polls, and through the use of cookies. When users request pages from our server, our Web server automatically collects some information about the users, including their IP addresses. These IP addresses are used by computers to send the requested pages to users.

SUBSCRIPTION LIST E-MAIL AND/OR NEWSLETTER

If a user wishes to subscribe to our mailing list and/or newsletter, we ask for contact information such as name and email address.

SURVEYS

From time-to-time our site may request information from users via surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

USE OF INFORMATION

The Foundation will not reveal any personal information that users provide to us to any third party. The Foundation uses visitors’ IP addresses to help diagnose problems with our server and to administer our website. We also use it to gather broad demographic information about our users in general. This information does not contain anything that can identify users personally. We may combine demographic information supplied by a subscriber at registration with site usage data to provide profiles, in aggregate form, about our users and their preferences in the content of the site and advertising.

Using e-mail addresses provided at registration or otherwise, the Foundation periodically sends out e-mail to our subscribers about activities and programs of the Foundation,and our partners. Third parties will not contact our subscribers through the use of our e-mail lists except through message from our partners within the e-mail themselves, or unless users ask to be placed on a list to receive e-mail from our partners on subjects of interest. Upon request, the Foundation will remove users (and their information) from our database or permit them to “opt-out” of any further e-mail or contact.

POLICIES FOR INDIVIDUALS UNDER 13

This web site is not directed to children. Although the Foundation does not specifically seek to obtain any information from children, there are certain areas of our websites that children may visit. the Foundation does not knowingly collect personal information from individuals under 13. If we find that we have inadvertently collected information from individuals under 13 years of age without parental consent, we will promptly delete that information from our database.

GENERAL

The Foundation is not responsible for the content or the privacy polices of websites to which it may provide links.

The Foundation uses reasonable precautions to keep the personal information disclosed to us secure and to disclose such information only to responsible third parties after permission from the user.

DONATIONS TO SEED MATTERS

Seed Matters is a Clif Bar Family Foundation initiative, advocating for the improvement and protection of organic seed to ensure healthy, nutritious, and productive crops to feed people now and in the future by funding designated Seed Matters activities and programs such as: providing grants for organic seed research and education; sponsoring academic fellowships in organic plant breeding; providing guidance and skills to support community-based seed education and activities; generating a campaign regarding organic seed stewardship; and engaging in additional program activities. Clif Bar Family Foundation shall treat the grant funds as restricted for the purposes of Seed Matters program activities (as described above). Foundation shall not use any portion of any donation to pay Foundation’s costs in managing or administering Seed Matters (except for a 3% bank transaction fee for online donations) or other costs not directly allocable to Seed Matters program activities. Clif Bar Family Foundation is a registered 501c3 with Tax ID 20-4345935.

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE, WHICH INCLUDES OUR PRIVACY POLICY, BECAUSE IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE CLIF BAR FAMILY FOUNDATION.

Thank you for visiting
www.seedmatters.org
(the “Site”), a Clif Bar Family Foundation (“the Foundation”) website (references to “we”, “us”, or “our” are to the Foundation). We hope you find our Site informative and enjoyable. Please read these Terms and Conditions of Use carefully because by using our Site, using, downloading or installing any software and/or Content (as defined herein) available from or through our Site (or attempting to do any of these) it means that you agree to be bound by and comply with these Terms of Use, which includes and incorporates our Privacy Policy and when we refer to our Terms and Conditions of Use, we mean it shall include our Privacy Policy as well.

Content and Copyright, Trademark, and Related Issue

The contents, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site (collectively, the “Content”) are for your personal informational purposes only. We authorize you to view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly permitted by these Terms and Conditions and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or termination without notice.

The trademarks, names, slogans, logos, characters and service marks (collectively “Trademarks”) displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms and Conditions, is strictly prohibited.

The Foundation will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.

User Submission

The Personal Information you submit to the Site is governed by the Site’s Privacy Policy. When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you. You agree you will not send, upload or transmit any communication or content of any type to the Site that infringes or violates any rights of any party or violate these Terms of Use. By submitting or otherwise exchanging communications or content, including, without limitation, any personal or commercial information, idea, concept or invention (individually and collectively, “User Content”), you agree that such User Content will not be considered or treated as confidential and (i) you acknowledge and understand others may see, read, use or re-transmit such User Content, (ii) you explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and (iii) that the Foundation and Clif Bar is thereby granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. the Foundation may sublicense its rights through multiple tiers of sublicenses. the Foundation, however, is under no obligation to use the User Content.

Linking / Third Party Links on Our Site

Our Site may contain links to other Web sites. We do not recommend, monitor, control or endorse any third party advertising or content, or the content on any third-party Web sites and is not responsible for such Web sites’ terms of use or privacy policies or how they may treat your information. Your use of third-party Web sites is at your own risk. Please be mindful of this as you link to other sites.

In general, we do not object to links to our Site from third-party Web sites. However, you must abide by the following rules:

• Unless we have a written agreement with you, you may not use any of the Trademarks in or with your links, except that you may link to our Site using the plain text name of our Site.
• Do not present the link to our Site in any way that suggests the Foundation or our Site has any relationship or affiliation with your Web site or endorses, sponsors or recommends the information, products or services on your Web site, unless you have a specific written agreement with the Foundation to do so;
• Link only to the home page of our Site; and
• Do not, without Clif Bar’s written permission,: (a) incorporate any content from our Site into your Web site (e.g., by in-lining or framing); or (b) use any of the Trademarks on our Site or any words or codes identifying our Site in any “metatag” or other information used by search engines or other information location tools to identify and select Web sites.

the Foundation will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful Web site, or any Web site that may adversely affect the name, reputation and goodwill of the Foundation and it’s grantors or programs. The Foundation reserves the right to cancel permission to link at any time, for any reason.

Limitation of Liability

The use of the Site and Content is at your own risk and are provided “as is.” Transmissions over the Internet and communications networks is not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall we, the Site, our grantors, licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, the Foundation or Clif Bar & Company shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.

Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.

Indemnification

You agree to defend, indemnify, and hold the Foundation, Clif Bar & Company, and their officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

The Clif Bar Family Foundation is based in Emeryville, California, in the United States of America. We make no claims that the Site, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms of Use.

Law that Applies; Interpretation and Modification

You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of Alameda, State of California, to adjudicate and resolve any dispute with the Foundation, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF CALIFORNIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

These Terms of Use are governed by the substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our Site. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.

Copyright Violations

If you believe any materials located on the Site (e.g. Content) infringes your copyright, you may request removal of those materials from our Site by contacting our designate copyright agent (identified below) and providing the following information:

• Identification of the copyrighted work that you believe to be infringed.
• Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version. Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
• A statement that the information that you have supplied is accurate and that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Our contact information for copyright issues relating to this Site is:

Clif Bar Family Foundation

Attn: Legal Department

1451 66th Street

Emeryville, CA 94608-1004

Complete Agreement

These Terms of Use, including our Privacy Policy, constitute the entire agreement between you the Foundation regarding the Site and supersedes any and all other terms, representations, promises or discussions. Only the Foundation has the authority to agree to amendments to these Terms of Use, and to be and be considered binding, any amendments must be in writing and executed by the Foundation.

Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our “Contact Us” page or via U.S. mail to: Clif Bar Family Foundation, 1451 66th Street, Emeryville, CA 94608-1004

THE FOUNDATION MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING September 2011