Terms and Conditions

---

Welcome to Joseph Dreamhouse CDC, a website located at jdhcdc.org (the Site). The Site is owned by Fran Glover. Collectively, all visitors to the Site are referred to herein as you or user.

Please read these Terms of Use and our Privacy Policy before you access, use, or provide any information to the Site. These Terms of Use incorporate the Privacy Policy by reference. By using the Site, you agree to these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, then you do not have permission to access, use, or submit information to the Site.

Acceptable Use

The licenses provided below are necessary for us to operate, maintain, and improve the Site.

As between you and the Food Pantry, you own any text, image, graphics, audio, trademarkable matter, copyrightable work, or other data or content that you upload to or display on the Site (collectively, User Content).

All content on the Site other than User Content, including any text, image, graphics, audio, trademarkable matter, copyrightable work, or other data or content, associated technology and software, and the look and feel of the Site (collectively, the Food Pantry Content) is owned by the Food Pantry or our licensors. You agree not to reproduce, distribute, perform, display, prepare derivative works based upon, transmit, make, use, sell, offer to sell, or otherwise commercially exploit the Site or Food Pantry Content in any manner, without our written permission.

We grant you the non-sublicensable, non-transferrable, non-exclusive right to access and use the Site solely for non-commercial purposes in accordance with these Terms of Use, including the following conditions:

• You agree not to use or permit use of the Site, including by uploading, emailing, posting, publishing, or otherwise transmitting any information, for any purpose that (a) menaces or harasses any person or causes damage or injury to any person or property, (b) involves the publication of any content that is false, defamatory, harassing, or obscene, (c) promotes bigotry, racism, hatred, or harm, or (d) constitutes unsolicited bulk posting, messaging, or email.
• You agree to comply with all applicable laws and regulations.
• You understand that all User Content and the consequences of uploading or displaying User Content on the Site are your sole responsibility.
• You represent and warrant that all your User Content does not infringe, misappropriate, or violate any copyright, moral right, trademark, service mark, trade dress, certification mark, patent, trade secret, right of publicity, right against unfair competition, (collectively, Intellectual Property), or violate any right of privacy, right against defamation, or any other right of any third party.
• By posting, uploading, or otherwise distributing your User Content to the Site, you grant to the Food Pantry a perpetual, sublicensable, transferable, world-wide, non-exclusive, fully paid-up, royalty-free, license to reproduce, distribute, perform, display, prepare derivative works based upon, transmit, make, use, sell, offer to sell, or otherwise commercially exploit your User Content in connection with the operation of the Site or the promotion, advertising or marketing of the Site, in any form, medium, or technology now known or later developed.
• Notwithstanding anything else in these Terms of Use, if any User Content contains or makes reference to your name, image, or likeness, you hereby release and hold harmless the Food Pantry and its directors, members, partners, officers, employees, and agents (collectively, a party’s Representatives), from: (a) all claims for invasion of privacy, publicity, or defamation; (b) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image, or likeness; and (c) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image, or likeness.
• You agree that we have no responsibility for the storage, deletion, or other use of any User Content that you submit or post to the Site, or emails or other communications that you send through the Site.
• You agree not to disassemble, decompile, or reverse engineer any part of the Site, or access or use the Site to build, support, or assist a third party in building or supporting, products, or services competitive to the Food Pantry.
• You agree not to attempt to gain unauthorized access to our computer systems or those of third party service providers contracting with the Food Pantry, or engage in any activity that interferes with the functionality of the Site, including by posting, uploading, or otherwise publishing any User Content to the Site that contains data or instructions designed to disrupt software, hardware, or network equipment.
• You agree not to use automated means to scrape data from the Site.
• You agree not to remove or modify any attribution or notice of the Food Pantry or any third party having any Intellectual Property rights in the Site or the Food Pantry Content.
• You agree not to permit any rights granted by the Food Pantry to you under these Terms of Use or otherwise, to be shared with any new user, including any right to access to your user account.

Commenting Policy

This website is a place for rational, polite, and on-topic discussion about hunger in South Florida. Hunger is an issue that many people are passionate about, which can lead to spirited debate.

We welcome all points of view, as long as they are respectful, address the issues at hand, and add to the conversation.

We will not tolerate any name-calling, personal attacks or harassment of any kind. Racism, bigotry, sexism, classism or any other inappropriate responses may be removed at our discretion (remember the online golden rule – “Post unto others as you would have them post unto you.”)

Donations

When you make donations to the Food Pantry, you agree to follow any terms specified by the at the point of collection of the donation. Tax deductions of charitable donations and other nonprofit contributions are governed by US Internal Revenue Service rules. You are entirely responsible for compliance with all laws and legal obligations regarding charitable donations and receipts or other rules on such transfers. We make no representations as to your legal rights or obligations, and you should not rely on us for legal advice. We strongly recommend you consult with legal counsel if you have any questions regarding your donations. 

If you donate to JDH, you will automatically be added to the mailing list for our newsletter. You can unsubscribe at any time. We will not sell any your information to any third party.

Donations. Donations made through the Services are complete and final charitable gifts to the Foundation and are not refundable. The Foundation is a tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code.

JDH uses the third party payment processor (Payment Processor) to process all visitor donations. Depending on the type of donation and user selection, your payment processor may be one of the following companies:

• PayPal

We have no liability related the execution of any payments via our Payment Processor. Our Payment Processor receives a payment processing charge from every donation or other transaction it processes. The payment processing charge is typically between 1-5%.

No Representations or Endorsements

Inclusion of any Food Pantry Content, User Content, or any other information on the Site or in our communications, such as organizational mission statements or user donation amounts, does not constitute the Food Pantry’s endorsement of such information, or the Food Pantry’s representation or warranty of the truthfulness, accuracy, completeness, or timeliness of such information. Through the Site or other communications from us, you may receive access to certain third parties, and your choice to contact or deal with any of these third parties is your sole responsibility. We are not responsible for any transactions or dealings you have with any third parties.

Intellectual Property

You acknowledge that your access to or use of the Site does not create any ownership in or license to any Intellectual Property in the Site or the Food Pantry Content. Except as expressly stated herein, neither we nor our licensors confer upon you by implication, estoppel, or otherwise, any license or right under any such Intellectual Property. You agree not to infringe or challenge any Intellectual Property owned or licensed by the Food Pantry.

If you believe that any content on the Site infringes your copyright or other Intellectual Property right, please contact the Food Pantry’s designated Digital Millennium Copyright Act (DMCA) agent listed below in the section headed “Contact us.”

Indemnity

You agree to indemnify and defend the Food Pantry and our Representatives from any losses and any liabilities, including attorneys’ fees, related to any claim arising out of your: (a) User Content; (b) access to or use of the Site; (c) interaction with other users on the Site; (d) violation of these Terms of Use; or (e) infringement, misappropriation, or violation of any third party’s Intellectual Property, or violation of any right of privacy, right against defamation, or any other right of any third party.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOOD PANTRY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICE ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

We are not engaged in the provision of legal, tax, or other professional advice, and you agree that the Site does not contain any legal, tax, or other professional advice. If you need any professional advice, you should contact the applicable qualified licensed professional. 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOOD PANTRY AND ITS REPRESENTATIVES WILL HAVE NO LIABILITY TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THESE TERMS OF USE, OR THE PRIVACY POLICY, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Links

The Site may include links provided by the Food Pantry or third parties that connect to third party websites. Third party websites are not under our control, and we are not responsible for content of or conduct by third parties on the Site or on third party websites. If you interact with a third party or access a third party website from the Site, you do so at your own risk. We provide links as a convenience only. The inclusion of a link to a third party website does not indicate that we endorse, represent, warrant, or accept any responsibility for the content or conduct on the third party website.

Changes

We reserve the right to modify these Terms of Use from time to time. If we make any changes to these Terms of Use, we will post the updated Terms of Use on this location of the Site. If you object to any changes, you may stop using the Site. Continuing to access or use the Site after we publish changes to these Terms of Use means that you agree to the changes, subject to applicable law.

Termination

We reserve the right, at our sole discretion, to immediately and without notice, suspend or terminate your access to and use of the Site and remove any User Content from the Site for your violation of these Terms of Use, for any other reason, or for no reason. Upon any such suspension or termination, your obligations and our rights and disclaimers survive, but your right to use the Site immediately ceases.

General

You may not assign these Terms of Use without the prior written consent of the Food Pantry, but the Food Pantry may assign or transfer these Terms of Use, in whole or in part, without restriction. These Terms of Use are governed by the laws of the State of Florida without regard to its conflict of law provisions. Any disputes related to these Terms of Use must brought in the appropriate court located in Cooper City, Florida, and you and the Food Pantry consent to the exclusive jurisdiction of the state and federal courts sitting in Cooper City, Florida. The Uniform Computer Information Transactions Act does not apply to these Terms of Use. For the purposes of these Terms of Use, the following terms have the following definitions: (a) “including” means “including, without limitation;” (b) “such as” means for example; (c) “and/or” means any combination or sub-combination of a set of stated possibilities, for example, “A, B, and/or C,” means any of: “A,” “B,” “C,” “AB,” “AC,” or “ABC;” (d) a “section” is any numbered paragraph of these Terms of Use; and (e) “days” means calendar days. These Terms of Use constitute the entire agreement between you and the Food Pantry with respect the subject matter herein. You and the Food Pantry are independent contractors, and these Terms of Use do not create a partnership, joint venture, or agency relationship. All notices to the Food Pantry under these Terms of Use must be in writing and delivered personally, by email, or by nationally recognized overnight courier at the respective address listed below in the section headed “Contact us.” All notices will be deemed effective upon personal delivery, or when received if sent by email or overnight courier. If any term of these Terms of Use is found to be invalid or unenforceable, then the remaining terms will remain effective, and any such invalid or unenforceable term will be replaced with a term consistent with the intent of these Terms of Use. If we fail to enforce any of our rights under these Terms of Use, that does not result in a waiver of such right.

Contact us

If you have questions or requests concerning these Terms of Use, please contact the Food Pantry by email at josephdreamhouse@gmail.com.