Terms of Use (2.28.2013)

This agreement governs the relationship between users of the Real Food Calculator, Real Food Generation, and Real Food Generation’s fiscal sponsor, Third Sector New England. The Agreement governs the parties’ respective rights and obligations in connection with the use of the Real Food Calculator (the “Calculator”) and any accompanying materials provided by RFC (”Accompanying Materials”) to conduct an assessment of food purchasing (“Assessment”).

The Real Food Calculator is the exclusive property of Real Food Generation and its fiscal sponsor, Third Sector New England.

Definitions

  1. Real Food Challenge ("RFC") refers to the Real Food Challenge campaign, its parent organization, Real Food Generation, and Real Food Generation’s fiscal sponsor, Third Sector New England.
  2. Information refers to any and all valuable, confidential and/or proprietary information. This includes all invoice-level data. In general, it is "raw, or input, data," as distinguished from "processed, or output, data."
  3. Food Service Provider refers to a company contracted by an Institution to manage their food service (e.g., cafeterias and other food retail)
  4. Users refers to anyone using the Real Food Calculator. That includes: Researchers, Officials, and Special Viewers.
  5. Researchers are students who have made arrangements with RFC and their Institution to conduct an Assessment. They may conduct the Assessment for academic credit, for an internship, or as an extra-curricular activity.
  6. Officials are employees of the Institution or Food Service Provider (e.g., dining service managers, provost, auxiliary services administrator).
  7. Special Viewers are students or staff of the Institution who request and are granted permission to see detailed Calculator Results, which includes Calculator Results not available to the casual visitor to the website but does not include any Information.
  8. Discloser is the party disclosing Information. In the case of food purchasing data, the Institution or the Food Service Provider is the Discloser. In the case of the Real Food Calculator, RFC is the Discloser.
  9. Recipient is the party receiving Information.
  10. Calculator Results refers to Improvements of Information entered into the Calculator (including the Baseline Assessment) which include summaries, aggregations and analyses of Information but never include exact reproductions of pricing provided by Discloser.
  11. Confidential Information defined:
    1. Information that is:
      1. Documents marked confidential or proprietary or would be considered confidential or proprietary by a reasonable person.
      2. The Calculator, Accompanying Materials, and Improvements of Confidential Information.
      3. Business plans and information about financial, accounting, legal, procurement and/or human resource/personnel matters.
      4. Techniques, methods, manuals, recipes, guidelines, and pricing.
      5. Software, computer programs, and data processing systems.
      6. Trade-secrets, know-how, data and metadata.
    2. Obtained through:
      1. Direct disclosure; OR
      2. Observation or examination of any of the Discloser’s documents; OR
      3. Discussions with the Discloser’s representatives.
    3. It also includes:
      1. Information already obtained prior to this Agreement.
    4. But does not include:
      1. Information already in the public domain; Information obtained by the Recipient from a third party under no confidential obligations to Discloser; Information already in the possession of Recipient prior to disclosure of Information; and information independently developed by Recipient without reference to the Information from Discloser.
      2. Calculator Results.

Obligations of RFC

RFC:

Obligations of Officials

By clicking the terms and conditions box, I:

  1. Providing Information
    1. Agree that I will provide Researchers the Information needed to complete the Assessment, including, but not limited to:
      1. the total dollar amount spent on all food purchases during the applicable Assessment period;
      2. the total dollar amount spent on food purchases in every food category (baked goods, meat, poultry, dairy, eggs, fish/seafood, coffee, tea, produce, staples) during the applicable Assessment period; and
      3. an itemized record, including dollar amount spent, name of product and/or product number, source, contact Information of vendors, and type of relationship held with vendor, of every food purchase made during the Assessment period
    2. Agree that I will provide Information in digital form whenever possible.
    3. To the extent that I am not the person directly responsible for providing such Information, I will make the appropriate person(s) aware of their obligations and direct them to this Terms of Use.
  2. Quality of Information
    1. Agree to use reasonable efforts to ensure that all Information provided to RFC is accurate and complete.
    2. Agree to cooperate with any such reasonable requests to help RFC verify the accuracy and completeness of Information disclosed to RFC.
    3. Agree that RFC shall not be responsible for any inaccurate Information.
  3. Confidentiality of Information
    1. Agree that the Discloser is the exclusive owner of all proprietary and intellectual property in disclosed Information.
    2. Agree that notwithstanding Calculator Results and the total dollar amount spent on food purchases, all Confidential Information will be treated as confidential and will not be shared except by written permission of the Discloser.
    3. Agree that RFC shall in no manner be held responsible for the acts or omissions of non-RFC employees.
    4. Acknowledge that my use of disclosed Information may be restricted, depending on the policies of my Institution or Institution’s Food Service Provider.
  4. Ownership and Publicizing of Calculator Results
    1. Agree that all Calculator Results will be owned exclusively by RFC.
    2. Understand that I have been granted a royalty-free license to use Calculator Results in furtherance of my Institution’s sustainability efforts.
    3. Agree that RFC can make Calculator Results public.
    4. Agree to not misrepresent Calculator Results and to present Calculator Results in a factually accurate manner.
    5. Agree that RFC shall in no manner be held responsible for the acts or omissions of non-RFC employees regarding the publication of Calculator Results.
    6. Agree to properly cite RFC as the source of the Calculator and Accompanying Materials in any communication with a third party or the general public, referencing Calculator Results as follows: "the Real Food Calculator, developed by the Real Food Challenge" or "the RFC-developed Real Food Calculator" and provide a weblink to RFC's website at www.realfoodchallenge.org.

Obligations of Researchers

By clicking the terms and conditions box, I:

  1. Quality of Information
    1. Agree to use reasonable efforts to ensure that all Information provided to RFC is accurate and complete.
    2. Agree to cooperate with any such reasonable requests to help RFC verify the accuracy and completeness of Information disclosed to RFC.
    3. Agree that RFC shall not be held responsible for any inaccurate Information.
  2. Confidentiality of Information
    1. Agree that the Discloser is the exclusive owner of all proprietary and intellectual property in disclosed Information.
    2. Acknowledge that my use of disclosed Information may be restricted, depending on the policies of my Institution or Institution’s Food Service Provider.
    3. Agree that RFC shall in no manner be held responsible for the acts or omissions of non-RFC employees.
  3. Ownership and Publicizing of Calculator Results
    1. Agree that all Calculator Results will be owned exclusively by RFC.
    2. Understand that I have been granted a royalty-free license to use Calculator Results in furtherance of my Institution's sustainability efforts and my academic pursuits.
    3. Agree that RFC can make Calculator Results public.
    4. Agree to not misrepresent Calculator Results and to present Calculator Results in a factually accurate manner.
    5. Agree that RFC shall in no manner be held responsible for the acts or omissions of non-RFC employees regarding the publication of Calculator Results.
    6. Agree to properly cite RFC as the source of the Calculator and Accompanying Materials in any communication with a third party or the general public, referencing Calculator Results as follows: "the Real Food Calculator, developed by the Real Food Challenge" or "the RFC-developed Real Food Calculator" and provide a weblink to RFC's website at www.realfoodchallenge.org.

Obligations of Special Viewers

By clicking the terms and conditions box, I:

  1. Quality of Information
    1. Agree that RFC shall not be held responsible for any inaccurate Information.
  2. Ownership and Publicizing of Calculator Results
    1. Agree that all Calculator Results are owned exclusively by RFC.
    2. Understand that I have been granted a royalty-free license to use Calculator Results in furtherance of my Institution’s sustainability efforts and my academic pursuits.
    3. Agree to not misrepresent Calculator Results and to present Calculator Results in a factually accurate manner.
    4. Agree that RFC shall in no manner be held responsible for the acts or omissions of non-RFC employees regarding the publication of Calculator Results.
    5. Agree to properly cite RFC as the source of the Calculator and Accompanying Materials in any communication with a third party or the general public, referencing Calculator Results as follows: "the Real Food Calculator, developed by the Real Food Challenge" or "the RFC-developed Real Food Calculator" and provide a weblink to RFC's website at www.realfoodchallenge.org.
Real Food Challenge is a national student campaign dedicated to creating a healthy, just and sustainable food system. Our goal is to shift $1 billion in institutional food spending to 'real food.'