Terms of Use
This notice describes the Terms and Conditions of Use for access to the Food For Every Child website. Food For Every Child in non-profit charitable organization registered in the United States and in the process of acquiring its 501(c)3 license.
By visiting our website you are accepting the practices described herein, as well as the details of our Privacy Policy.
This is a legal agreement between you and Food For Every Child. (“Food For Every Child” or “we” or “us” or “our”), so please read these terms and conditions carefully. This website, located at https://www.foodforeverychild.org/ (the “website”), is owned and operated by Food For Every Child. This website provides users with access to a variety of information, including e-newsletters, resources, materials, works of authorship, and other content (the “content”), and a variety of opportunities to support our organization, including making a donation, and volunteering (the “opportunities”).
Please note:
Your access to and use of this website are subject to these terms of use (the “terms of use”), as well as all applicable laws and regulations, and our privacy policy located at https://www.foodforeverychild.org/privacy-policy which is incorporated herein by reference, along with any other terms and conditions set forth by Food For Every Child.
Please read carefully the following terms and conditions contained in these terms of use as they govern your access to and use of the website, and any programs, services, tools, materials, content or information available through the website or used in connection with the website. Food For Every Child is willing to license and allow the use of this website only on the condition that you accept and agree to the terms and conditions contained in these terms of use. If you do not agree with these terms of use, you are not granted permission to access or otherwise use the website. Your access to and use of this website constitutes your acceptance of and agreement to abide by these terms of use. These terms of use may be changed, modified or updated by Food For Every Child from time to time without advance notice by posting here and you will be bound by any such changed, modified or updated terms of use if you continue to use this website after such changes are posted. the date these terms of use were last updated is stated at the end of this document. You are encouraged to review the website and these terms of use periodically for updates and changes. please also note that these terms and conditions only apply to your use and access of our website, and do not alter in any way the terms or conditions of any other agreement you may have with Food For Every Child.
REGISTRATION
You can visit our Website and use/access some of its features and functionality without being required to register. If you wish to avail yourself of any of our Opportunities, you may need to register and setup an account with Food For Every Child to provide certain personally identifiable information about yourself. As part of the registration process, you will also be asked to provide certain information, including name, address and email address.
Depending upon the type of registration, you may also be asked to create a user name and password. The username and password that you provide are your credentials (“Credentials”), and you will use these Credentials in order for Food For Every Child to authenticate you as a registered user of our Website. You may not have more than one active set of Credentials. Additionally, you are prohibited from selling, trading, or otherwise transferring your Credentials to another party. You also agree to provide true, accurate, current and complete information about yourself as prompted during the registration process. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Food For Every Child has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof). You are responsible for maintaining the confidentiality of your Credentials. You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately – by emailing us at contact@foodforeverychild.org – of any unauthorized use of your account or any other breach of security.
AGE REQUIREMENTS
The Food For Every Child Website is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website by anyone under 13 is unauthorized. If you are under 13, you are only allowed to access this Website with your parent or guardian permission and supervision. If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision. Additionally, you have to be 18 years of age or older if you want to conduct any type of financial transaction on the Website or otherwise avail yourself of any of the Opportunities; if you are younger than 18 years of age you must have your parent(s)’ or legal guardian(s)’ permission to conduct any financial transactions or avail yourself of any Opportunities, and further, provided that we reserve the right to limit certain of our Opportunities – such as volunteering – to those who are at least 18 years of age unless accompanied by an adult.
LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED
Food For Every Child hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent from Food For Every Child or as otherwise explicitly permitted. This license does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools.
This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Food For Every Child. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Food For Every Child without Food For Every Child’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Food For Every Child’s name(s) or service marks without the express written consent of their owners. We (or the respective third-party owners of Content) retain all rights, titles, and interests in this Website and any Content on this Website, including any and all intellectual property rights. We (or the respective third-party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Food For Every Child.
INTELLECTUAL PROPERTY RIGHTS
Copyright
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of Food For Every Child or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content is also the exclusive property of Food For Every Child and is protected by U.S. and international copyright laws. You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Food For Every Child or any applicable third party suppliers.
The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Food For Every Child. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Food For Every Child does not warrant or represent that your use of Content, Products, and Services or any other materials displayed on this Website will not infringe the rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at contact@foodforeverychild.org and general phone number 1-512-333-1762 with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of Food For Every Child or one of its affiliates. The Food For Every Child name, logo, domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Food For Every Child. All other trademarks, service marks, trade dress, product names, company names, or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of Food For Every Child.
PAYMENT TRANSACTIONS
Payments and Payments Processing; Rules for All Payments The Food For Every Child Website provides a number of opportunities that require an online payment transaction, such as making a donation.
You hereby acknowledge and agree that for all donations/payment transactions, (1) you will not use an invalid or unauthorized credit or debit card or other payment methods; (2) all donations/payment transactions are final and non-refundable. If you have any questions regarding any payment transaction, please contact us by phone at 1-512-333-1762 or by email at contact@foodforeverychild.org.
Prohibited Use
You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Food For Every Child to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Food For Every Child. In addition, in connection with your use of the Website, you agree you will not: a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Food For Every Child representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; f) use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; h) violate any applicable local, state, national or international law; i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; j) delete or revise any material posted by any other person or entity; k) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology; l) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; m) harvest or otherwise collect information about others, including e-mail addresses; or n) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any Content or information on this Website. Food For Every Child reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. Food For Every Child may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Food For Every Child reserves the right at all times to disclose any information as Food For Every Child deems 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 Food For Every Child’s sole discretion.
LINKS TO THIRD-PARTY WEBSITES/MATERIALS/CONTENT; LINKS ON THIRD-PARTY WEBSITES
This website contains hyperlinks to other websites – including a variety of social media sites where we post information about our work and mission. Please note that we have no affiliation with these other third-party platforms and cannot control and are not responsible for the information collection, use, and disclosure practices of such third parties; we encourage you to review and understand their privacy practices and policies, if any, before providing any personally identifying information to them.
LIMITATION OF LIABILITY
In addition to the above warranty disclaimers, you understand and agree that in no event will Food For Every Child will be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, without limitation, loss of use, loss of income, loss of goodwill or reputation, damage to or corruption of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the website (or inability to use the website), the opportunities, content, the blogs or blog content, or any other materials, services or information contained in or accessed through the website, including without limitation any damages caused by or resulting from reliance by the user on any information obtained from Food For Every Child, even if Food For Every Child has been advised of the possibilities of those damages. you understand and agree that your use of the website is predicated upon your waiver of any right to sue Food For Every Child and its affiliates directly or to participate in a class action suit for any losses or damages resulting from your use of the website.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Food For Every Child, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this Website, any of the Opportunities, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in Food For Every Child’s sole discretion.
SEVERABILITY/WAIVER
If any provision(s) of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then such provision(s) shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver or failure to enforce of any of the terms of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
NO CLASS ACTION
You and Food For Every Child agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis and that neither you nor Food For Every Child will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney general action, or in any proceeding in which you or Food For Every Child acts or proposes to act in a representative capacity. You and Food For Every Child further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, a small token, and all parties to any such proceeding.
WARRANTIES
Food For Every Child makes no warranties or representations of any kind concerning the accuracy, suitability, or safety of the information contained on this website or any linked site for any purpose. all such information is provided “as is” and with a specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Food For Every Child makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site is free from viruses or other forms of harmful computer code. in no event shall Food For Every Child, its employees, agents, or any other person who has been involved in the creation, production, or delivery of this website, be liable for any direct, incidental, or consequential damages resulting from the use of this site or any linked site.
Except as otherwise expressly provided, Food For Every Child expressly disclaims any responsibility for the accuracy, content, or availability of information, products, services, or merchandise found on third-party sites that link to or from the Food For Every Child site. Food For Every Child disclaims any responsibility for product or service ordering functions, order fulfillment, or compliance of products or services with any manufacturer’s warranties or specifications. Food For Every Child cannot be held responsible for the material contained on third-party sites and/or related services nor does Food For Every Child make any representations or warranties as to the security of any information you might be requested to give to third-party sites.
FORCE MAJEURE
Food For Every Child shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of our contractors, agents, or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
NOTICES
Any notices to you from Food For Every Child regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail.
WEBSITE PRIVACY POLICY
Our Website Privacy Policy, located at https://www.foodforeverychild.org/privacy-policy describes the details of Food For Every Child’s information practices and procedures for the personal information we collect on this Website. We strongly urge you to read our Privacy Policy.