|Your Liability – Bill Emerson Good Samaritan|
|Equal Employment Opportunity Statement|
|USDA Commodities Equal Opportunity Statement|
|Code of Ethics|
|Donor Bill of Rights|
Terms of Service
Welcome to the web site (“Site”) for Feeding America Southwest Virginia (“FASWVA”).
2. ACCESS TO THE SITE.
3. ACCEPTABLE USE OF THE SITE.
In order to use the Site, you must obtain access to the Internet and pay any and all service fees associated with such access.
(a) Individual Use. You agree that you are only authorized to visit, view and to retain a single copy of pages of the Site for your own internal use and not for any commercially-related purposes or in a manner that in any way suggests a connection, affiliation or any type of relationship between FASWVA and you or an entity related to you. You also agree that you will not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own internal use unless otherwise specifically authorized by FASWVA in writing. FASWVA posts legal notices and various credits on pages of the Site, which may not be removed even in your permitted copies. Do not remove these notices or credits, or any additional information contained along with the notices and credits.
(b) Security, Cracking and Hacking. You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site. Violations of system or network security may result in civil or criminal liability. FASWVA reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
(c) You Are Responsible For All of Your Activities and All of The Content You Post or Submit. You represent and warrant that any information and/or material you post or provide to FASWVA by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site (“Submissions”), is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party’s rights and offered in good faith. You agree NOT to use the Site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of the Site.
(e) Ownership. FASWVA puts a lot of content on the Site for you to examine from time to time including, without limitation, text, graphics, photographs, pictures, drawings, animation, audio, video, literature and any other material distributed by FASWVA on, through or in connection with the Site. Moreover, FASWVA attempts to display the content in a way that will be easily accessible and useful for you, the user. All content and materials on the Site including, without limitation, text, graphics, logos, button icons, images, audio clips and software included in the Site and any services offered on the Site, are the property of FASWVA, its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international Intellectual Property Rights laws. The compilation of all content on the Site is the property of FASWVA and is protected by U.S. and international copyright laws. All software used on the Site is the property of FASWVA or its licensors and is subject to U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except expressly in accordance with these Terms or with the express written permission of FASWVA and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Site. All rights not expressly granted hereunder are expressly reserved to FASWVA.
(f) Spidering. THE USE OF ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS OR PRODUCTS TO AUTOMATICALLY DOWNLOAD OR “SPIDER” THE SITE OR ANY OF THE PAGES OF THE SITE INFRINGES ON FASWVA’S AND/OR ITS LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. DO NOT USE ANY SUCH TOOLS OR PRODUCTS ON OR IN CONNECTION WITH THE SITE.
4. WARRANTY DISCLAIMER.
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. FASWVA DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS OR ERROR-FREE. FASWVA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, FASWVA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SITE. FASWVA DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY MANUFACTURER’S WARRANTIES OR SPECIFICATIONS. FASWVA CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES FASWVA MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.
5. LIMITATION OF LIABILITY.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, FASWVA’S NEGLIGENCE, SHALL FASWVA BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF FASWVA OR AN AUTHORIZED FASWVA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL FASWVA’S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100).
You shall indemnify, defend and hold harmless FASWVA and its sponsors, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the Site in violation of these Terms or the infringement by you of any Intellectual Property Rights of any person or entity.
7. GOVERNING LAW AND ARBITRATION.
The laws of the Commonwealth of Virginia (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Salem, Virginia under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURTS LOCATED IN CITY OF SALEM AND/OR CITY OF ROANOKE, VIRGINIA, U.S.A.
8. WAIVER AND SEVERABILITY.
Furthermore, no delay or omission by FASWVA to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by FASWVA. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
9. CONTRACT ELECTRONICALLY.
You agree that the Terms, combined with your act of using the Site and/or the services offered on or through the Site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the Terms.
The following discloses our information gathering and dissemination practices for the Web site located at the URL www.faswva.org, and all of its subdomains (*.faswva.org).
What Information We Collect:
In the course of using the Site, FASWVA may ask you for your name, e-mail address, postal address, telephone number, fax number as well as other relevant information. FASWVA also may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g. Internet Explorer or Firefox), the type of operating system you are using, (e.g., Windows XP or Mac OS), the domain name of your Internet service provider (e.g., AT&T or Verizon or Comcast ), aggregate data about the number of visits to the Site and/or aggregate data about the pages visited.
How We Use the Information:
All user information is added to our donor database. If the user opts in on receiving future communications, we will use that information to contact the user via e-mail, postal mail, and/or telephone about events and for solicitations.
FASWVA uses the non-personally identifiable information (“Aggregate Data”) to improve the design and content of the Site and to enable FASWVA to personalize your Internet experience. FASWVA may use the Aggregate Data to analyze Site usage as well as create services and/or products to fit your needs. Also, FASWVA shares this Aggregate Data with FASWVA’s related entities, partners and/or other third party vendors. FASWVA shall own such Aggregate Data and maintain copies of such as part of its records.
FASWVA makes postal addresses available to other reputable organizations, including but not limited to our bulk marketing vendor. If you do not want us to share this information, or wish to to be removed from our mailing list, please contact us in the manner identified in the “Opt-Out” section below.
You may choose not to receive such information and/or to allow FASWVA to use your information in the manner described above by contacting us directly. Upon receipt and processing of an “opt out” request, FASWVA will, within its commercially reasonable amount of time, remove your information from any future marketing communications.
Internet Protocol (IP) Address:
We collect an IP address from all visitors to our web site. An IP address is a number that is automatically assigned to your computer when you use the Internet. We use IP addresses to help diagnose problems with our server, administer our web site, analyze trends, track users’ movement, gather broad demographic information for aggregate use in order for us to improve the site, and deliver customized, personalized content. IP addresses are NOT linked to personally identifiable information.
Use of “Cookies”:
Security; No Liability:
All information provided to FASWVA through its Site is transmitted using Transport Layer Security (TLS) encryption (see: Wiki and IETF). TLS is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. We also protect account information by placing it on a secure portion of our server that is only accessible by certain qualified employees of FASWVA. Nevertheless, such security measures may not prevent all loss, misuse or alteration of information on the Site, and FASWVA is not responsible for any damages or liabilities relating to any such security failures. While we strive to protect your information we cannot ensure or warrant the security of such information.
Furthermore, the Site contains links to other web sites. FASWVA is not responsible for nor can FASWVA ensure the privacy practices or content of such other sites (See: Other Web Sites).
If a user elects to use our referral service for informing a friend about our web site, we ask them for the friend’s name and e-mail address. FASWVA will automatically send the friend a one-time e-mail inviting them to visit the web site. FASWVA stores this information for the sole purpose of sending this one-time e-mail.
Other Web Sites:
Our web site contains links to other web sites. Please note that when you click on one of these links, you are entering another web site for which the FASWVA has no responsibility. We encourage you to read the privacy statements on all such sites as their policies may be different than ours.
Contacting the Web Site:
Feeding America Southwest Virginia
1025 Electric Road
Salem, VA 24153
You may also send a message to the Webmaster through the Contact Us page, or call (540) 342-3011 and ask for our IT department.
This policy was reviewed on March 1, 2014
LIABILITY OF PERSON OR GLEANER.— A person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals.
Feeding America Southwest Virginia embraces diversity as a guiding principle and key strategy of our mission to provide food to people in need. We champion acceptance understanding, and respect for individual differences, including race, ethnicity, gender, sexual orientation, socio-economic status, age, physical abilities, religious beliefs, political viewpoints, and other ideologies. In doing so, we reflect the diversity of our stakeholders, attract and retain talented staff and volunteers, and nurture the creativity and innovation needed to achieve our shared vision of a hunger-free Southwest Virginia.
Diversity encompasses acceptance and respect by all.
It means that we…
- Understand and appreciate that every individual is unique.
- Recognize and value our individual differences.
These differences include the dimensions of race, ethnicity, gender, sexual orientation, socio-economic status, age, physical abilities, religious beliefs, political beliefs, or other ideologies.
- Diversity is a key business strategy and core value and will enable the Feeding America Southwest Virginia to provide greater food assistance to those in need.
- Diversity – across all levels in the organization — is essential to the optimization of organizational effectiveness and creativity.
- In a philosophy that recognizes and values diversity.
- In attracting, retaining and promoting a talented and diverse workforce in a culture where all employees will contribute to their fullest potential.
- That the racial, ethnic, cultural and social diversity of Southwest Virginia should be reflected in our organization, staff and boards.
Feeding America Southwest Virginia will build an organization that reflects the ethnic, cultural and social diversity by focusing on recruitment, retention, and promotion of under-represented groups, and on building a culture that will support and maintain this change.
- Continue to build and maintain an organizational environment that is inclusive, respectful and safe for all.
- Create an environment that supports a diverse staff -reflecting a broad range of racial/ethnic groups, cultures, perspectives, lifestyle and gender.
- Demonstrate continuing improvement in the number of positions occupied by diverse employees at all levels.
- Create an open environment that provides a culture where diversity issues and opportunities will be openly discussed and addressed.
Equal Employment Opportunity Statement
It is the policy of the Food Bank to afford equal employment opportunity to all employees and applicants for employment. This means that we are committed to making our decisions in all terms and conditions of employment without regard to race, creed, color, religion, sex, national origin, disability, age, veteran’s status or any other status protected by federal law or Virginia law. It is also our policy not to discriminate on the basis of sexual orientation.
USDA Commodities Equal Opportunity Statement
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form.
To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410
Fax: (202) 690-7442
This institution is an equal opportunity provider.