Last revised December 17, 2019.
These Terms and Conditions of Use (“Terms”) (1.) govern your access to and use of the services through or in connection with My Pantry Express (the “Service”), operated by the Northern Illinois Food Bank (“Provider”). The Service generally consists of the products and services when you visit the My Pantry Express online grocery shop (available at https://www.mypantryexpress.org/), as well as the grocery delivery and pick up service in select locations based on information that you provide through the My Pantry Express 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. (2.)
- 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. My Pantry Express™, the My Pantry Express logo, and Northern Illinois Food Bank® 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. (3.) 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 Illinois, 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 Cook County, Illinois. 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.