Terms and Conditions

Terms & Conditions

The website located at upcycledfood.org (the “Site”) is a copyrighted work belonging to Upcycled Food Association (the “Company”), whose principal offices are in Greenwood Village, CO. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.


These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Site and any applications, including without limitation any mobile applications or other services (the “Service”). By accessing or using the Site or the Service, you are accepting these Terms (on behalf of yourself and any entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms on behalf of yourself and any entity that you represent. If you do not agree with all of the provisions of these Terms, you may not use, refer to or access the Site or Service, or communicate them to any other person or party. These Terms apply to all visitors, users, and others who access the Service (“you” and if you register, a “User”). Company reserves the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Service.


1. Use of Our Service

  • The Service allows you to find and read content related to the upcycled food industry and to learn more about the work of the Upcycled Food Association, Upcycled Food Association Membership, and the Upcycled Food Certification. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by Company.

  • No-Commercial Use Policy. You agree to use the Site and the Service only in a noncommercial manner, unless we expressly permit otherwise. You may not use our name in any advertising or press releases or on any websites. We have developed a certification program, which permits commercial use by high performing brands and/or products. Certifications must be earned and paid for before you may claim or make commercial use of them. If you violate this provision, you agree that injunctive relief is an appropriate remedy for us to pursue.

  • User Account. Registration may be required in order to use some or all of the Services. Some of the features of the Services may require or permit you to log in. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder.

  • Service Rules. You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service or underlying content and data in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Company grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials); (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information, including account names, from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms. You are solely responsible for your interactions with other Users. Company reserves the right, but has no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.

2. Proprietary Rights. Company retains sole and exclusive ownership of all rights, title and interests in the Service, Company Content, the Site, and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Service and the technology related thereto. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site or Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Service; (c) you shall not access the Site or Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site and Service shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site or Service) must be retained on all copies thereof. You may not copy, transfer, display, frame, or otherwise reference the Company Content on any third party site.


3. For purpose of these Terms, the term “Content” includes, without limitation, blogs, written comments and information, summaries, reports reviews, data, text, photos, graphics, in static or interactive feature. “Company Content” means any Content owned by or licensed to or provided by Company (but excluding User Submissions), and including without limitation any test results or test data. Company may not monitor or control Content posted by users of the Service (including, without limitation, User Submissions) or other individuals or entities (such as advertisers), and cannot be responsible for such Content. Any use or reliance on any Content posted through the Service or obtained by you through the Service is at your own risk. You acknowledge that by providing you with the ability to view and distribute Content on the Site, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Company in its sole discretion.


4. User Submissions. Any and all materials, including without limitation product surveys, suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on or in connection with this Site (“Submissions”) are submitted by you without any restrictions or expectation of confidentiality. You hereby assign to us without additional consideration or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on this Site or elsewhere by us, our assigns or others we have allowed to use your Submissions. You will not assert any proprietary right or moral right of any kind with respect to any Submissions.You represent and warrant to Upcycled Food Association that:

  • you own, or are otherwise lawfully authorized to use, all Submissions and portions thereof that you transmit to or through this Site;

  • any Submissions submitted by you will not contain any of the following material (the “Proscribed Material”):

    • material that is false, factually inaccurate or misleading;

    • material that is defamatory, libelous, deceptive or fraudulent;

    • material that violates any U.S. or foreign law or regulation, including without limitation any

    • law or regulation governing advertising or testimonials;

    • material that discriminates against, ridicules, harasses or disparages an individual or

    • group for any reason, or on the basis of race, religion, national origin, gender, sexual orientation, marital status, age, disability or any other status that Upcycled Food Association deems inappropriate for the Site;

    • material that violates any person’s privacy right;

    • material that infringes or violates any person’s copyright, trademark or other intellectual

    • property right;

    • material that is obscene or derogatory; and

    • material that promotes violence, firearms, ammunition or weapons designed to inflict

    • serious bodily harm;

    • material that Upcycled Food Association deems, in its sole discretion, objectionable or

    • inappropriate for the Site; and

  • Upcycled Food Association’s use of any Submission, as permitted under this User Agreement, does not and will not violate any U.S. or foreign law or regulation, including without limitation any law related to advertising or testimonials, any law concerning defamation, libel and privacy, and any copyright, trademark or other intellectual property law, and will not cause injury to any person or entity.

  • You understand and agree that inclusion of any Submissions on the Site is not, and shall not be, an endorsement of any cause, idea, website, interest, products or services.

5. You understand that when using the Service, you may be exposed to User Submission from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Submission. You may be exposed to User Submission that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Company with respect thereto. Company may remove any User Submissions at any time in its discretion.

6. Currently you may use the Service without charge, although Company may change that at any time upon notice.

7. If you provide Company with any feedback or suggestions regarding the Site or Service (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

8. External Websites. The Site may contain links to third-party websites, some of which may be displayed as a link within our own website (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of such External Websites is developed and provided by others. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. We are not responsible for the content of any linked or framed External Websites and do not make any representations regarding the content or accuracy of materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked or framed External Websites, you do so at your own risk.

9. Copyright Policy– DMCA Notice. It is Company’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted in writing to the following DMCA Agent:


Attn: Copyright Agent


Upcycled Food Association

5445 DTC Pkwy, P4

Greenwood Village, CO 80111


Company may at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


10. You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) any claim or damages that arise as a result of any of your User Submissions or any content or information that is submitted via your account; or (f) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

11. No Warranty. The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, company, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.

12. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this service. To the maximum extent permitted by applicable law, company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any Third Party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user submissions or the defamatory, offensive, or illegal conduct of any Third Party. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these terms or your use of the service (for any cause whatsoever and regardless of the form of the action), will not exceed the greater of (a) $100 or (b) total fees paid by you to company during the six (6) months prior to the time such claim arose.

13. Changes to the Terms. These Terms are subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e- mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any material changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or services. Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address In any event, changes to these Terms may affect our use of information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Site, or services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

14. Privacy Policy. Company respects the privacy of others. Any information that you provide to Company through the Service is subject to Company’s Privacy Policy and is hereby incorporated by reference (Privacy Policy). Your use of the Service constitutes your consent to the collection and use of your personal information, as described in the Privacy Policy.

15. Third Party Content and Privacy Information Delivered to Third Parties

16. Some of the Site Materials, including but not limited to, certain product information, product reviews, news, data, research, analysis and opinions, are provided by independent information providers (“IIPs”). We make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the IIPs. We do not endorse, oppose or edit any opinion or analysis expressed by any of the IIPs. We assume no responsibility or liability for any information, materials or other content provided by any of theIIPs. Moreover, any private information you deliver to third parties accessed through a link at the Site will be held subject to the privacy policies of that third party, and not Upcycled Food Association.

17. Company may terminate your access to all or any part of the Service at any time, with or without cause, or with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your account. If you wish to terminate your account, you may do so by unsubscribing or emailing info@upcycledfood.org and providing the Company with your name and email address. If you terminate your account, your profile will be removed from the Service, however, deletion may not be immediate and Company may continue keeping your personal information in its records for billing purposes, audits and other administrative purposes.

18. Dispute Resolution. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Please contact Company by e-mail at info@upcycledfood.org if you have any concerns or questions.   We will do our best to address your concerns.  If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.  If you and Company are unable to reach a resolution to the dispute, you and Company will settle the dispute exclusively under the rules of the American Arbitration Association (org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. You and Company agree that any arbitration will be limited to the dispute between Company and you individually. You acknowledge and agree that you and company are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

19. Entire Terms. These Terms constitutes the entire agreement between you and us regarding the use of the Site and Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms and conditions set forth in these Terms shall be binding upon assignees.

20. Copyright/Trademark and Patent Information. Copyright © 2021 Upcycled Food Association All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site and Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

21. Contact Information. Company welcomes your comments or questions regarding these Terms. Please e-mail us at info@upcycledfood.org or contact us at the following address or email info@upcycledfood.org:


Upcycled Food Association

5445 DTC Pkwy, P4

Greenwood Village, CO 80111




These Terms of Use were last revised on February 11, 2021.