Last Updated: June 30,, 2024

 

The following terms and conditions (“Terms“) govern all use by you (“you“) of the Hometown Food Security Project mobile application (“App“) and the hometownfoodsecurity.org website (the “Website“) and all content, services, and products available at or through the website (taken together, our “Services“). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Notice ) and procedures that we may be published from time to time (collectively, the “Agreement“). The Hometown Food Security Project is a coalition led by Hormel Foods and United Way of Mower County (the “Project“); however, your Agreement is with Attention Span Media LLC (“Company,” “we,” or “us“), the owner of our Services.

  1. Acceptance of the Terms of Use

Please read the Agreement carefully before you start to use our Services. By using our Services or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by the Agreement. If you do not want to agree to the Agreement, you must not access or use our Services.

Our Services are offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using our Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.

  1. Changes to the Terms of Service

We may revise and update these Terms or other parts of the Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Services thereafter. Your continued use of our Services following the posting of a revised Agreement means that you accept and agree to the changes. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

  1. Accessing our Services and Account Security

We reserve the right to withdraw or modify our Services, and any service or material we provide through the Website or App, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Services are unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of our Services.

You are responsible for both:

  •           Making all arrangements necessary for you to have access to our Services.
  •           Ensuring that all persons who access our Services through your internet connection and devices are aware of the Agreement and comply with it.

To access the App and some of the resources offered by the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of our Services that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with our Services is governed by our Privacy Notice,, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

  1. Intellectual Property Rights

The App and the Website and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You do not acquire any ownership interest in our Services under the Agreement, or any other rights thereto other than to use the App in accordance with the license granted below, and our Services subject to all terms, conditions, and restrictions, under the Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to our Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in the Agreement.

  1. Trademarks

The Company name, the Project name, the Company and Project logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

  1. Website Use

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  •   Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  •   You may store files that are automatically cached by your Web browser for display enhancement purposes.
  •   You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  •   If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  •   Modify copies of any materials from the Website.
  •   Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  •   In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  •   For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  •   To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  •   To impersonate or attempt to impersonate the Company, the Project, a Company or Project employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  •   To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company, the Project or users of the Website, or expose them to liability.

Additionally, you agree not to:

  •   Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  •   Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  •   Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  •   Use any device, software, or routine that interferes with the proper working of the Website.
  •   Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  •   Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  •   Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  •   Otherwise attempt to interfere with the proper working of the Website.
  1. App Use

Subject to the terms of the Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:

  •   download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device“) strictly in accordance with the App’s documentation; and
  •   access, download and use on such Mobile Device the services made available in or otherwise accessible through the App, strictly in accordance with the Agreement.

License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the App, you shall not:

  •   Copy the App, except as expressly permitted by this license.
  •   Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App.
  •   Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App.
  •   Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof.
  •   Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time.
  •   Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
  •   Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in the Agreement, without Company’s prior written consent.
  •   Frame, mirror, or otherwise incorporate the App or any portion of the App as part of any other mobile application, website, or service.
  •   Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App.
  •   Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
  1. Monitoring and Enforcement; Termination

We have the right to:

  •   Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Services.
  •   Terminate or suspend your access to all or part of our Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY, THE PROJECT AND THEIR RESPECTIVE AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website or App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  1. Reliance on Information Posted

The information presented on or through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or user of the App, or by anyone who may be informed of any of its contents.

The Website and App may include, display or make available content provided by third parties, including data, information, applications, and other products, services, and/or materials, or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that Company and the Project are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company and the Project do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

If our Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Changes and Updates to our Services

We may update the content on our Services from time to time, but such content is not necessarily complete or up-to-date. Any of the material on our Services may be out of date at any given time, and we are under no obligation to update such material. Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of the Agreement.

  1. Information About You

You acknowledge that when you download, install, or use the App, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App. All information we collect through our Services is subject to our Privacy Notice. By using our Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

  1. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Our Services may provide certain social media features that enable you to:

  •   Link from your own or certain third-party websites to certain content on the Website.
  •   Send emails or other communications with certain content, or links to certain content, on our Services.
  •   Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  •   Establish a link from any website that is not owned by you.
  •   Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  •   Otherwise take any action with respect to the materials on our Services that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

  1. Geographic Restrictions

Our Services are based in the state of Minnesota in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of our Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access our Services from outside the United States, you are responsible for compliance with local laws.

  1. Termination

The Company may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Agreement or your account (if you have one), you may simply discontinue using our Services and delete the App and all copies thereof from your Mobile Device. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES.

YOUR USE OF OUR SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY OR THE PROJECT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY OR THE PROJECT REPRESENTS OR WARRANTS THAT OUR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR OUR SERVICES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the Agreement or your use of our Services, including, but not limited to, any use of the Website’s or App’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from our Services.

  1. Governing Law and Jurisdiction

All matters relating to our Services and the Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).

  1. Arbitration

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Minneapolis, Minnesota, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

  1. Waiver and Severability

No waiver by the Company of any term or condition set out in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision.

If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

  1. Entire Agreement

The Agreement constitutes the sole and entire agreement between you and Company regarding our Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Services.

  1. Your Comments and Concerns

Please feel free to contact us if you have any feedback, comments, requests for technical support, or other communications relating to Our Services.

You may contact us as follows:


Hometown Food Security Project

318 N Main St

Austin, MN 55912

Email: hfspdata@attentionspan.com