This web page is our Terms of Service and governs your legal interaction with us and our website, www.zeropercent.us, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Zero Percent, PBC.
As a User of our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The last update to our Legal Terms was posted on June 12, 2013.
The terms "us" or "we" or "our" refers to Zero Percent, PBC, the owner of the Website.
Our "Service" allows Donors to make food available to Agencies that have the mission and capacity to distribute food.
A "Visitor" is someone who merely browses our Website, but has not registered as Member.
A "Member" is an individual that has registered with us to use our Service and is either a Donor or an Agency.
A "Donor" is a restaurant or other source of food registered as a Member with our website.
An "Agency" is a registered 501(c)(3) non-profit organization such as a soup kitchen, shelter or food pantry with the mission and capacity to distribute food to those in need and a registered Member with our website.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
We provide an online platform called Zero Percent that connects Donors with Agencies in order to facilitate food donations from Donors to Agencies. We will take reasonable steps to ensure that only 501(c)(3) non-profit organizations are able to register as Agencies. We will arrange for a summary of each Donor's recent donations to be available in the Donor's account on the platform.
Scope of Service
Our platform serves as a communication tool, similar to an email or phone service, that is significantly tailored and enhanced for the purpose of facilitating food donations. As such, we may not provide logistics, quality control or services related to the physical inspection and movement of food.
Donor Obligations Related to the Donation of Food
Donor agrees to comply with the food safety guidelines available in our mobile and web app, and with any applicable local, state, or federal regulations related to the safety of donated food, including by way of example the federal Good Samaritan Food Donation Act of 1996. In case of a conflict, the local, state and federal laws and regulations will prevail. The Donor agrees to provide accurate and sufficient information about the quantity, condition and other necessary parameters to ensure proper transportation and logistics for the donated product.
Agency Obligations Related to the Use of Donated Food
As an Agency, you will use the donated food items solely in relation to the purpose or function constituting the basis for its exemption under section 501 and the donated food is to be used solely for the care of the ill, the needy, or infants. You will not offer for sale, sell, transfer or barter the items supplied by Donor in exchange for money, other properties, or services.
As an Agency, you will serve or distribute the product as soon as possible, to provide maximum palatability and freshness. You will utilize volunteers having sufficient training, experience, and expertise in the evaluation, handling, preparation, and feeding of donated items to safely and properly judge, handle, prepare, and serve the same.
As an Agency with personnel qualified to meet the food safety and distribution criteria above, you accept full responsibility for the purity and fitness for human consumption of any and all donations you accept. Agency hereby agrees that it releases both the Donor and us from any liability resulting from the condition of the donated food, and further agrees to indemnify and hold the Donor and us free and harmless from any and all liabilities, claims, losses, causes of action, suits, at law or in equity, or any obligation whatsoever arising out of or attributed to any action by the Agency, or any volunteers or personnel employed by the Agency in connection with its storage, distribution and/or use of the items supplied to it by Donor.
Compliance with Our Terms of Service
Donor hereby grants us permission, without further notice or compensation, a license to use all posted information, name, address, phone number, logo in order to publicize Donor's participation in our program on, but not limited to, its mobile app, website, and social media pages.
In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our Internet site, even if we or our authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under U.S. and other national copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. We have no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Site Terms of Service Modifications
We may revise these terms of service for its web site at any time without notice. In order to continue to use this web site then, you will have to agree to the then current version of these Terms and Conditions of Service.
Governing Law and Venue
Any claim relating to our web site shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. Any lawsuit arising from our Service or this website may be brought only in the courts located in Champaign County, Illinois.
Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under our Legal Terms shall survive the termination of our Legal Terms.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
Published with permission from Termsfeed Terms of Service Agreement.