Terms and Conditions

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.bidgenerator.org website (the "Service") operated by Community Alliance with Family Farmers, a California Nonprofit Corporation (CAFF) ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Users of the Services offered by this Application acknowledge and accept these terms and conditions. You further expressly agree to abide by the Terms and Conditions of Use (including the Indemnification and Arbitration Provisions) which is incorporated by reference into these terms of service.

Information about this Application

The Service provided by Community Alliance with Family Farmers (CAFF) allows the User to run a series of technological tools and receive assistance regarding requirements associated with their procurement. As part of its Service, we allow the User to create, host and keep one or more document templates up to date online.

Use of the online Services offered on this Application

Users are solely responsible for the use of online services offered on this Application, the use of which is done at their own risk and falls entirely under their responsibility.

Any explanatory texts provided in correspondence of the available services by no means substitute a legal opinion nor replace the assistance or advice of a professional. Such texts are merely intended to facilitate use and understanding of the Service, and are not exhaustive nor may they fit any specific case.

We are merely a technical provider of the Services and may not in any way be held responsible for such use that the User makes of the same, nor shall Community Alliance with Family Farmers (CAFF) be responsible for the User's achieving its purposes of use of the Service.

Age eligibility

Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 18 use this Application.

Content provided by the User

Users are responsible for their own content and that of third parties that they share through this Application, that they upload and post on or through this Application, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with us and hereby indemnify Community Alliance with Family Farmers (CAFF) for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.

Community Alliance with Family Farmers (CAFF) does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.

Rights over content provided by Users

The only rights granted to Community Alliance with Family Farmers (CAFF) in relation to content provided by Users are those necessary to operate and maintain this Application.

Registration

In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.

It is understood that Community Alliance with Family Farmers (CAFF) shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credentials.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Responsibilities and duties of the User

The template generation Service provided by this Application consists merely in providing Users with technological tools and assistance that helps them with the management of certain of their own procurement.

It remains the exclusive responsibility of the User to ensure their operations are in accordance with the applicable rules. The Service, in fact, should be understood as an instrument of mere support of the User and under no circumstances replace the advice given by an expert.

In particular, with regard to the generation of RFPs, which is carried out autonomously by the User, who remains solely responsible with regard to the verification of compliance with the RFP to their activities and the provisions of law.

It's the exclusive responsibility of the User to verify the correspondence of the RFP to the characteristics of their own activities.

In case of non-compliance of the RFPs with the law and/or activity of the User, the User is obliged to refrain from using the Service.

The User is authorized by this Application to use the RFPs for the duration of the Service only. Therefore, when the Service ends, the User is obliged not to use and not to reproduce the RFP provided by Community Alliance with Family Farmers (CAFF) in any way.

Any reproduction in any form of the documents, if not authorized, is considered a violation of copyright of Community Alliance with Family Farmers (CAFF).

The Service is provided "as is"

The Service is provided by Community Alliance with Family Farmers (CAFF) "as is", with no express or implied warranty for accuracy or availability.

Service interruption

Community Alliance with Family Farmers (CAFF) reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, Community Alliance with Family Farmers (CAFF) will do the utmost to allow Users to withdraw their information held by CAFF.

Indemnity

The User agrees to indemnify and hold Community Alliance with Family Farmers (CAFF) and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User's content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

Severability

If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the California law, where Community Alliance with Family Farmers (CAFF) has their registered offices. All matters shall be subject to the Arbitration provisions set forth in the terms of use, incorporated herein by reference, and subject to review under the exclusive jurisdiction of California Courts.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

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Agreement between User and Community Alliance with Family Farmers (CAFF)

Welcome to Community Alliance with Family Farmers ("CAFF") Bid Generator, which is comprised of a software that allows school districts to automate their food and produce requests and to document, fill out, download and post requests publically so vendors can reach out with their bids. CAFF Bid Generator is operated by Community Alliance with Family Farmers, a California Nonprofit Corporation ("CAFF"). CAFF Bid Generator is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of CAFF Bid Generator constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

CAFF Bid Generator is an automated process to post and submit food and produce bids publically.

The Bid Generator process allows SFAs to develop their formal Request for Proposals and bid solicitations for produce contracts through an automated software and has the potential to be the first platform to host the entire bid process for public institutions in the future. The first phase of the Bid Generator software will provide the content and automated process to create produce bid solicitations, synthesize usage reports into item lists, and serve as a central posting location for school districts in California. The second phase will add features for bids to be filled out and selected through the Bid Generator. The third phase will be to expand the Bid Generator to all food categories of purchasing for schools in California, then for all public institutions nationwide

Certain services made available via CAFF Bid Generator are delivered by third party software and organizations. By using any product, service or functionality originating from the CAFF Bid Generator domain, you hereby acknowledge and consent that CAFF may share such information and data with any third party with whom CAFF has a contractual relationship to provide the requested product, service or functionality on behalf of CAFF Bid Generator users and vendors.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use CAFF Bid Generator strictly in accordance with these terms of use. As a condition of your use of the Software, you warrant to CAFF that you will not use the Software for any purpose that is unlawful or prohibited by these Terms. You may not use the Software in any manner which could damage, disable, overburden, or impair the Software or interfere with any other party's use and enjoyment of the Software. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Software.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Software, is the property of CAFF or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Software. CAFF content is not for resale. Your use of the Software does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CAFF and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CAFF or our licensors except as expressly authorized by these Terms.

CAFF reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CAFF's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Indemnification

You agree to indemnify, defend and hold harmless CAFF, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Software or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CAFF reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CAFF in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and CAFF agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SOFTWARE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMMUNITY ALLIANCE WITH FAMILY FARMERS (CAFF) AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AT ANY TIME.

COMMUNITY ALLIANCE WITH FAMILY FARMERS (CAFF) AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SOFTWARE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMMUNITY ALLIANCE WITH FAMILY FARMERS (CAFF) AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMMUNITY ALLIANCE WITH FAMILY FARMERS (CAFF) AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SOFTWARE, WITH THE DELAY OR INABILITY TO USE THE SOFTWARE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SOFTWARE, OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMMUNITY ALLIANCE WITH FAMILY FARMERS (CAFF) OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOFTWARE.

Termination/Access Restriction

CAFF reserves the right, in its sole discretion, to terminate your access to the Software and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Software. Use of the Software is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CAFF as a result of this agreement or use of the Software. CAFF's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CAFF's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Software or information provided to or gathered by CAFF with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CAFF with respect to the Software and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CAFF with respect to the Software. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

CAFF reserves the right, in its sole discretion, to change the Terms under which CAFF Bid Generator is offered. The most current version of the Terms will supersede all previous versions. CAFF encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

CAFF welcomes your questions or comments regarding the Terms:

Community Alliance with Family Farmers (CAFF) PO Box 363 Davis, California 95617 Email: info@caff.org Phone: (530)756-8518