Terms & Conditions
Terms & Conditions
Adopted May 28, 2021.
These Terms and Conditions of Use (“Terms”) govern your
access to and use of the services through or in connection with BFP
Self-Checkout (the “Service”), operated by the Beach Food Pantry (“Provider”).
The Service generally consists of the products and services when you visit the BFP
Self-Checkout online grocery shop (available at https://www.BFPSelfCheckout.org), as
well as the grocery delivery and pick up service in select locations based on
information that you provide through the BFP Self-Checkout site.
PLEASE READ THESE TERMS CAREFULLY. BY USING THE SERVICE, YOU
ARE STATING THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE
TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE
SERVICE.
“You” means you individually, and all of your employees and
agents (if any) whom you allow to access the Service on your behalf. You agree
that these Terms incorporate and include the Privacy Policy available at
(“Privacy Policy”) and that Provider may use any information Provider obtains
via the Service in accordance with the provisions of the Privacy Policy.
License to Use
Service: Subject to these Terms, Provider hereby grants you a
non-transferable, non-exclusive, non-assignable, revocable license (without
right of sublicense) to access and use the Service and the content provided or
made available through the Service by or on behalf of Provider, solely for your
personal, non-commercial use and consumption.
Groceries: If you
or your family have food allergies or other sensitivities, you must read the
labels of the groceries you receive through the Service to avoid any such
ingredients. Brands shown on the Service are for illustration only, and
Provider cannot guarantee that the brand of any product shown on the Service
will match the brand of the groceries actually distributed. Because grocery
availability is subject to change based on donations, seasons and other
factors, Provider may make reasonable substitutions. You are responsible for
reading all labeling on groceries you receive through the Service. Provider
encourages you to use food handling, cooking, and storage practices, as
described in Foodsafety.gov. Please consult your healthcare professional(s)
regarding all matters related to your diet and health. You agree not to rely on
any information on the Service to make health-related decisions.
Use Restrictions:
You agree that you will not, and will not assist, encourage or enable others
to:
·
Sell groceries you receive through the Service
in exchange for money, other property or services;
·
Provide false information when registering for
an account on the Service or scheduling a grocery pickup or delivery;
·
Use the Service for any unlawful, invasive,
infringing, abusive, tortious, defamatory, libelous or fraudulent purpose;
·
Decompile, disassemble or reverse engineer any
of the software or content used in any part of the Service;
·
Violate these Terms, any third party rights or
any local, state, national, or international law or regulation;
·
Bypass or circumvent measures Provider may use
to prevent, interfere or limit access to the Service;
·
Transmit any material that contains adware,
malware, spyware, software viruses, or any other computer code, files, or
programs designed to interrupt, destroy, or limit the functionality of any
computer software or hardware or telecommunications equipment;
·
Share or publish your username, password or any
other credentials for your Service account;
·
Impersonate any person or entity, or otherwise
misrepresent your affiliation with a person or entity; or
·
Interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey any requirements, procedures,
policies, or regulations of networks connected to the Service.
·
Provider reserves the right to immediately
terminate your access to the Service without any further obligation to you if
you use the Service in violation of these Terms.
Access to the Service:
You acknowledge that the Service is accessed via the Internet. As between you
and Provider, you are responsible for providing all hardware system software,
access devices, networks and telecommunications, or other connections required
for you to access the Service and for paying all charges related thereto. You
are responsible for any uses of the Service made using your account.
Order Pickup:
Pickup locations are owned and operated by independent third parties, and
Provider cannot assume (and hereby disclaims) any liability for hazards or any
other conditions that may exist at these locations. For the avoidance of doubt, in no event shall
the Provider be liable for any damage arising from the independent third
party’s site for pickup, including without limitation for any terms, policies,
actions or inactions of such third party.
Ownership and Rights:
Provider or its licensors own and retain any and all intellectual property
rights relating to the Service, including, but not limited to, copyrights,
patents, trademarks, trade secrets and other rights relating to the Service
protected under United States laws and international treaties. You hereby grant
to Provider a non-exclusive, sublicensable, perpetual, worldwide, royalty-free
license to use and disclose to third parties the information (including
clickstream data) that you submit or transmit to, through or in connection with
the Service for the purpose of performing the Service and for internal business
purposes. BFP Self-Checkout™, the BFP Self-Checkout logo, and Beach Food
Pantry® are trademarks of Provider. You may not use these, or any other
trademark or service mark appearing on the Service, without the prior written
consent of Provider.
Modifications to
Terms: Provider may, in its sole and absolute discretion, modify these
Terms from time to time. If the modifications include material changes to the
Terms, Provider will provide notice of such changes to these Terms and the
updated Terms will be effective only after Provider communicates with you by
providing such notice. If you do not agree to the updated Terms, your sole
remedy is to cease using the Service. Your continued use of the Service
following notice of any such changes will constitute your acceptance of the
updated Terms.
Term and Termination:
These Terms will be effective upon the date you accept them by beginning to use
the Service and shall continue until terminated by either you or Provider as
set forth herein. Without limiting other remedies, Provider, in its sole and
absolute discretion, may modify, suspend, terminate or discontinue your access
to all or part of the Service for any reason or no reason without notice. You
agree that Provider shall have no liability to you for any such modification,
suspension, termination or discontinuation. You may discontinue your
participation in and access to the Service at any time.
Third Party Services;
Integration and Links: Provider may integrate with or provide links to
certain third party Internet sites and services (collectively, “Linked
Websites”). The Linked Websites made available through the Service, and any
integration of such sites and services with the Service, are for your
convenience only and do not signify the endorsement, approval or recommendation
by Provider of such Linked Websites. Provider makes no representations and
warranties regarding the accuracy, performance or quality of any content,
software, service or application found at any Linked Websites. TO THE EXTENT
PERMITTED UNDER APPLICABLE LAW, PROVIDER WILL HAVE NO RESPONSIBILITY OR
LIABILITY FOR ANY ACTS OR OMISSIONS ON THE LINKED WEBSITES, ANY LINKED WEBSITE
SERVICES, OR ANY INFORMATION OR OTHER MATERIALS FOUND AT ANY OTHER WEBSITE OR
INTERNET RESOURCE.
Disclaimer of
Warranties: THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH
ALL FAULTS” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO,
(A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, PERFORMANCE, SUITABILITY, TITLE OR NON-INFRINGEMENT; (B) RELATING TO
THE PERFORMANCE OF THE SERVICE; (C) WITH RESPECT TO ANY RESULTS TO BE OBTAINED
FROM THE SERVICE; (D) THAT THE SERVICE WILL BE UNINTERRUPTED, VIRUS FREE OR
ERROR FREE; OR (E) WITH RESPECT TO THE ACCURACY, QUALITY, RELIABILITY,
SUITABILITY, OR EFFECTIVENESS OF ANY DATA, RESULTS, CONTENT OR OTHER
INFORMATION OBTAINED THROUGH THE USE OF THE SERVICE. NO ADVICE OR INFORMATION
CONVEYED BY THE SERVICE EITHER ORALLY OR IN WRITING SHALL CREATE ANY WARRANTY
FROM PROVIDER NOT EXPRESSLY MADE HEREIN. YOU UNDERSTAND AND AGREE THAT ANY DATA,
ADVICE AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM.
Limitation of
Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL PROVIDER OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS OR
LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT,
STATUTORY, OR OTHERWISE) FOR ANY DAMAGES OR INJURIES WHATSOEVER, INCLUDING
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF MONEY, REVENUES, PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF,
KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM
YOUR USE OF THE SERVICE OR THE PROVIDER’S (OR ANY THIRD PARTY’S) NEGLIGENCE OR
OTHER ACTS OR OMISSIONS. WITHOUT LIMITING THE FOREGOING, IF PROVIDER IS FOUND
TO BE LIABLE AND THE FOREGOING EXCLUSION OF DAMAGES IS NOT ENFORCED BY THE
APPLICABLE COURT OR VENUE, PROVIDER’S LIABILITY (TOGETHER WITH THAT OF ITS
OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS AND LICENSORS) TO YOU OR
TO ANY THIRD PARTY SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50).
Exclusions and
Limitations: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES
OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO
YOU. IN SUCH JURISDICTIONS, THE SCOPE AND DURATION OF PROVIDER’S WARRANTIES AND
THE EXTENT OF PROVIDER’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH
APPLICABLE LAW.
Indemnification:
You shall indemnify, defend and hold harmless Provider and its Officers,
Directors, Employees, Consultants and Agents from and against any and all
claims, liabilities, damages, losses, costs, fees (including reasonable
attorneys’ fees), and expenses that such parties may incur resulting from or
arising out of your use of the Service or violation of these Terms. Provider
reserves the right to assume the exclusive defense and control of any matter
for which you are required to indemnify Provider and you agree to cooperate
with Provider’s defense of such claims. You agree not to settle any such matter
without Provider’s prior written consent.
Children: You
must be at least 13 years of age to access or use the site. This Service is
designed for and intended for use by adults. If you are under 18, you may use
the Service only with involvement of a parent or guardian. If you are a parent
or legal guardian, you must monitor and supervise the use of this site by
children, minors and others under your care. You agree to be responsible for
their use of the site. By using this Service, you represent and warrant that
you are of legal age to form a binding contract with the Provider and meet all
of the foregoing eligibility requirements. If you do not meet all of these requirements,
you must not access or use the Service.
Feedback and
Information: If you submit feedback or suggestions about our Services, we
may use your feedback or suggestions without obligation to you. Any feedback
you provide at this site shall be deemed to be non-confidential. Provider shall
be free to use such information perpetually (even following termination of
these Terms) on an unrestricted basis.
Other Terms and
Conditions: Additional terms and conditions may also apply to specific
portions, services or features of the Service. All such additional terms and
conditions are hereby incorporated by this reference into these Terms.
Miscellaneous:
These Terms constitute the entire agreement between you and Provider with
respect to the subject matter hereof and govern your use of the Service. These
Terms supersede all prior or contemporaneous agreements, proposals,
understandings and communications between the parties with respect to the
subject matter hereof, whether oral or written. These Terms do not create and
shall not be construed as creating a joint venture, co-ownership, partnership,
or agency relationship between you and Provider. Provider shall not be liable
for any delay or failure to perform its obligations hereunder resulting from
any cause beyond its reasonable control, including without limitation, acts of
God, earthquakes, unavoidable accidents, laws, rules, regulations or orders of
government authorities. Provider’s failure or delay to exercise or enforce any
right or provision of these Terms or any rights under applicable law shall not
constitute a waiver of any of those provisions or rights. If any part of these
Terms is determined to be invalid or unenforceable for any reason under
relevant law, then that part will be deemed replaced with a valid, enforceable
provision that most closely matches the intent of the original provision and
the remaining Terms will continue in full force and effect. The section
headings in these Terms are for convenience and reference only and have no
legal or contractual effect. These Terms will be governed by and construed in
accordance with the laws of the State of North Carolina, without regard to
principles of conflicts of law. The jurisdiction and venue for any action
arising out of or relating to these Terms or your use of the Service will be
exclusively in the federal or state courts located in Dare County, North
Carolina. You agree that regardless of any statute or law to the contrary, any
claim or cause of action you may have arising out of or related to use of the
Service or these Terms must be filed within one (1) year after such claim or
cause of action arose or be forever barred. You may not assign or transfer your
rights or obligations under these Terms. Any purported assignment in violation
of the foregoing will be invalid. These Terms will remain in full force and
effect notwithstanding any termination of your use of the Service.