PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

 

Pantry Gift, Inc. (“PG”) requires that all visitors and users (“you”) of its site, PantryGift.org, and its other sites (collectively, the “Sites”), agree to all of the terms and conditions in this User Agreement (“UA”). By accessing and using the Sites, you indicate your acknowledgment and acceptance of this UA. As used in this Agreement, “we,” “our,” and “us” means PG unless otherwise indicated.

 

What is PantryGift?

 

PG is a 501(c)(3) not-for-profit corporation. PG wants to help you feed neighbors and strengthen neighborhoods by engaging neighbors in an online marketplace where Stewards describe and individuals can fund specific mini pantries (“projects”). The Sites provide you with access to an online collection of information, materials, and services related to PG and its work, including text, pictures, photographs, audio and video, graphics, logos, marks, and images (collectively, “Content”), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites (“Software”), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content, or the Software will be covered by this UA effective upon the date of each such revision, modification, and enhancement.

 

Eligibility

 

Use of the Sites is void where prohibited. By using the Sites, you represent and warrant that: (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older or have received parental consent and supervision when using the Sites; and (3) your use of the Sites does not violate any applicable law or regulation. Your use of the Sites may be terminated without warning if we believe you are in violation of any of these conditions.

 

Binding Agreement

 

By using the Sites, you agree to be bound by this UA, whether you are a visitor, Steward, (for purposes of this UA, a Steward is an individual, group, or entity seeking funding through any Site, regardless of whether or not any donations are made), or Donor (for purposes of this UA, a Donor is an individual creating an account on any Site, regardless of whether or not an actual donation is made). The use of the Sites (including, without limitation, content, photographs, or images), by you, or anyone else authorized by you, is prohibited except as allowed by this UA or prior agreement with us. There are additional specific terms of use applicable to Donors and Stewards, which are described below.

 

PG’s Privacy Policy is a Part of this Agreement.

 

We are committed to protecting the privacy of personal information you may provide to us when you use the Sites. Please see our Privacy Policy for details. This UA includes and incorporates by reference PG’s Privacy Policy. By accepting the terms of this UA, you also agree to abide by the terms of PG’s Privacy Policy.

 

Our Proprietary Materials

 

We welcome you to our Sites and we invite you to use them within the following rules:

 

• You may use the Sites, Content, and Software solely for the purposes stated on the Sites and as described in this UA.
  
• You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph, or Software published on or underlying the Sites may be copied, modified, published, or otherwise distributed or used without the prior express written permission of PG.
  
• 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, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of PG.
  
• You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Sites to a human-perceivable form.

All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although PG cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content, or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.

 

Disclaimers

 

We make reasonable efforts to provide a Site that is safe and accurate but can make no warranties. PG retains the right to restrict use of the Sites, in any manner it deems appropriate.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PG EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PG MAKES NO WARRANTY THAT: (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

Limitation of Liability

 

IN NO EVENT SHALL PG, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY “PG AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE PG AND ITS AFFILIATES AND TO PARTICIPATE IN ANY ACTION OR SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.

 

YOU UNDERSTAND AND AGREE THAT PG AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT PG AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY PG OR AN AUTHORIZED PG REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

 

PG neither warrants nor represents that your use of Content, Software, or any other materials displayed on the Sites will not infringe rights of third parties.

 

Third Party Websites

 

The Sites may provide links to other websites (“Linked Sites”) as a convenience to you. Such Linked Sites are not maintained by PG, thus PG is not responsible for the content, products, services, policies, or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by PG of the Linked Sites.

 

Third Party Websites Seeking to Hyperlink to the Sites

 

We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and PG. If this is not the case, please do not link to any Site. PG reserves the right to rescind the right to link to its Sites at its sole discretion.

 

Making Donations through PG

 

PG is a non-profit marketplace that brings Donors together with Stewards in order to help provide neighbors with food and other household items. Here, the majority of each donation made through PG goes directly to fund the charitable program for which it was given, unless the Donor indicates that a specific portion of the donation may be used for administrative purposes.

 

Included in the “cost” (exclusive of a fulfillment donation to PG operations) are: credit card processing fees (regardless of payment method). All Donors are subject to the specific Donor terms described below.

 

All donations are tax-deductible to the fullest extent allowed by law. You may view a copy of our annual financial statements and federal tax return online by clicking on the links or you can obtain them by writing to:

 

Pantry Gift, Inc.

2925 N Old Missouri Rd

Fayetteville, AR, 72703

info@pantrygift.org

 

Special Provisions Relating to Donors

 

Thank you for your interest in funding a project at PantryGift.org. By donating to a project or creating a new account on the Sites, the following additional terms of the UA apply.

 

Donor Representations

 

By applying to become a Donor, you promise that:

 

• You are a U.S. citizen at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision;
• All information you provide to PG is accurate, and you will update all submitted information to maintain accuracy of PG’s records;
• You have full rights to any ideas, descriptions, materials, and photos you submit to PG, and that you (and not PG) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by PG will not infringe on any rights of any third party;
• Any donation you make is legal in your jurisdiction.

Donor Responsibilities

 

You will be responsible for the use, and maintenance of the confidentiality of, your user ID and password (which you will receive upon completing the process of registering as a Donor) for access to Donor-restricted portions of the Sites. By registering as a Donor, you represent that you shall not share your ID and password with anyone else. You agree to not use the account, username, or password of another Donor or Steward at any time, or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify PG of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of PG.

 

In addition to the rights of PG described elsewhere in this UA, you agree that descriptions of any proposed activity, photographs, and thank-you notes, as well as any other materials that PG may send you regarding each project you fund are solely for your personal, non-commercial, use and may not be distributed, displayed, or copied in any way. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause PG and others to suffer irreparable loss, damage, and harm in an amount not easily ascertained, and therefore agree that PG may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and that you waive any objection to the scope and venue of such an action.

 

Services Provided by PG

 

We review each Steward proposal before we post it on the Sites for Donors to view. Our efforts include, but are not limited to, screening the proposed project for compliance with Pantry Gift, Inc. campaign eligibility requirements, corroborating Steward-provided project location information, confirming the existence of requested materials, and determining a need for the proposal. For donations of $50 or more, we arrange, to the best of our ability, for a Steward gratitude letter and photographs of neighbors engaged in the activity of purchasing and stocking items, to be sent to the Donor(s) after completion of the funded activity.

 

Sometimes the specific components included in a Steward proposal change after we receive your donation. In the unusual case that this happens, PG will review the Steward’s modified proposal. If our review determines the modified proposal is reasonably similar to the Steward’s original proposal, we will use the funds that you donated to pay for the modified proposal. If we determine that the modified proposal is not reasonably similar to the original proposal, we will apply your donation to another proposal of your choosing. 

 

We take reasonable steps to protect the privacy of any personal and financial information you may provide to us when you donate through the Site as described in our Privacy Policy.

 

PG reserves the right to exclude any entity, including but not limited to Donors, from use of the Sites, in PG’s sole discretion. All directions and requirements stated on the Sites regarding Donors or donations shall apply to any donation offered or made by you.

 

Disclaimers

 

When a partially funded project does not reach complete funding within four months of the date it was posted on PantryGift.org, the donations collected will be distributed to the project Steward.

 

If, for any other reason, the proposal cannot move forward (i.e., the Steward is no longer affiliated with the project, no longer requires the requested materials, or is no longer in good standing with PG, etc.), all donations made to the proposal will be applied to a proposal reasonably similar to the original proposal.

 

Should a Steward fail to submit feedback for the project they have had funded at PG, all Donors will be notified by PG and the Steward will be excluded from future use of the Site.

 

PG shall not be responsible for the success or failure of any proposed or funded projects or for the activities (or lack thereof) of the Stewards or neighbors participating in any proposed or funded projects.

 

Special Provisions for Stewards

 

Thank you for your interest in submitting a proposal for a Pantry Gift, Inc. project. By clicking the “I Agree” button during the process to sign up for funding proposals, the following additional terms of the UA apply to those users who sign up for a Steward account and/or to post a Steward funding proposal on the Sites (“Stewards”):

 

Steward Representations

 

By submitting a proposal, you promise and represent that:

 

• You are a project Steward directly serving neighbors (review our Steward Campaign Eligibility Requirements);
• The activity you propose is completely legal and complies with all local rules and regulations, including zoning laws; 
• All information you provide to PG is accurate, and you will promptly update the information to keep it accurate;
• Any proposals you submit are solely for you and your neighborhood and are not on behalf of any other Steward or neighborhood; and
• You have full rights to any ideas, descriptions, materials, and photos you submit to PG, and that you (and not PG) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by PG will not infringe on any rights of any third party.

Steward Responsibilities

 

You will be responsible for the use and maintenance of the confidentiality of your user ID and password for access to Steward-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Member at any time, or to disclose your password to anyone else. You agree to only have one account; please note that multiple accounts are prohibited. You agree to exit from your account at the end of each session and to immediately notify PG of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place which involve your account.

 

In addition to the rights of PG described elsewhere in this UA, you agree that descriptions of any proposed activity, photographs, thank-you notes, and other materials that PG may send you regarding each project you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. You agree to provide thank-you notes that do not contain any personal information that will identify the recipients. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the recipients, you agree that any breach by you of any of these restrictions may cause PG and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that PG may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.

 

From time to time, PG, agents of PG, or a third party on PG’s behalf may send you emails regarding important information concerning your use of the Sites. Even if the electronic communication system that sends such emails to your account contains an “opt-out” feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails.

 

Rights You Grant to PG

 

While you retain ownership in the works you create such as the proposal submissions (except for the photographs you take, as discussed below), as to all information or materials created by you and communicated or submitted to PG through the Sites and all materials (except for the photographs) which you send to PG after the completion of the project, you hereby grant to PG a perpetual, irrevocable, worldwide, non-exclusive, fully paid, and fully sublicensable license to use the submission and project materials, and portions thereof, in furtherance of PG’s purposes and activities and to promote PG and its programs, in any medium, and PG may copy, publish, display, create derivative works, and make other uses of the submission and project materials (in whole or in part) and license others to do the same, for PG’s purposes, whether or not your proposal is funded.

 

PG reserves the right to exclude any Stewards from use of the Sites, in PG’s sole discretion.

 

Your Responsibilities Should Your Proposal Be Funded

 

If your proposal is approved by PG (in PG’s sole discretion), posted on a Site, and funded, you agree to use the funds received solely as described in the proposal. You agree that requested resources will be used by neighbors as described in your proposal. 

 

You will make a reasonable effort to take and submit photos of only those neighbors who granted their permission. You will use PG’s funds and materials only for the project PG has approved, and agree to follow all other instructions as provided or directed by PG regarding the funded activity. You understand that the promptness and thoroughness with which you return the photographs and thank-you notes may affect how many proposals you are allowed to submit in the future.

 

Disclaimers

 

PG will not be required to treat any Submission or Project Materials as confidential.

 

Termination

 

You may terminate this UA by destroying all materials obtained from the Sites, cancelling your Donor or Steward account, as applicable, and stopping all use of the Sites. PG may terminate this UA immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, you must destroy all materials obtained from the Sites and stop all use of the Sites.

 

Miscellaneous

 

This UA is governed by the laws of the State of Arkansas, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Sites or this UA will be brought exclusively in the federal or State courts located in Fayetteville, Arkansas. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

 

Indemnification

 

You agree to indemnify and hold PG and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by you or any third party due to or arising out of: (1) your use of any Site in breach or violation of any term of this UA; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any content you provide to PG.

 

Contact PG

 

If you have any questions about the Sites or this UA, you may contact us via e-mail at contactus@pantrygift.org. We are always glad to hear your questions and comments.

 

Entire Agreement

 

This UA, including the terms specifically applicable to Donors and Stewards as well as other policies and notices PG may post on the Sites necessary for access to Donor and Steward portions of the Sites, constitute the entire agreement between PG and you in connection with your use of the Sites, hyperlinks to the Sites and the Content and Software displayed on the Sites, and supersedes any prior agreements between PG and you regarding such matters, including prior versions of this UA. PG may update this UA from time to time by posting revised versions of this UA on the Sites, without notice to you except that the effective date at the top of this UA will change and your subsequent use of the Site is governed by that new UA. The terms of this UA are effective until terminated by PG, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this UA will survive.

 

This User Agreement was last updated on 04/23/2020.