Version: 2, Wed, Apr 19th 2023
Plentiful App and Plentiful via Text
End User Agreement
Last Updated: April 11, 2023
1. AGREEMENT. This End User Agreement is a legal agreement between you and FOCF LLC d/b/a Plentiful (“Plentiful," “we,” or “us”) to use (1) our mobile and web-based app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “Plentiful App”), and (2) the Plentiful via Text SMS feature (“Plentiful via Text”). The Plentiful App and Plentiful via Text (collectively, the “Plentiful Platform”) allow Users to schedule visits to charitable food pantry locations (each a “Pantry” and collectively “Pantries”) that accept reservations or see the operating hours of Pantries that do not schedule visits.
Please note that we reserve the right to change the terms and conditions of this Agreement by posting a revised set of terms to this location, and/or providing such alternate notification to You as may be expressly required by applicable law. In addition, we may add, modify, or delete any aspect, component, or feature of the Plentiful Platform, but we are not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Plentiful Platform following any announced change will be deemed as conclusive acceptance of any change to the Agreement. Accordingly, please review the Agreement on a periodic basis.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT THAT WAIVES YOUR RIGHT TO A COURT HEARING AND/OR JURY TRIAL AND CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THIS CONTRACT. YOU SHOULD THEREFORE READ THESE PROVISIONS CLOSELY, AS THEY AFFECT CERTAIN RIGHTS AVAILABLE TO YOU UNDER APPLICABLE LAW.
IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE PLENTIFUL PLATFORM AND ARE INSTRUCTED TO EXIT, UNINSTALL, AND/OR CEASE ALL USE OF THE PLENTIFUL PLATFORM IMMEDIATELY.
The Plentiful Platform is not intended for use or access by any individual under the age of thirteen (13) years, and Plentiful does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.
Additional Terms and Conditions for Apple Users
NOTE – The terms and conditions of this paragraph apply to You only if You downloaded the Plentiful App through Apple Inc.’s App Store.You acknowledge that this Agreement is between You and us, and that Apple Inc. (“Apple”) bears no responsibility for the Plentiful App and its content. The license grant under this Agreement with respect to the Plentiful App is a non-transferable license to use the Plentiful App on any Apple-branded products that You own or control as permitted by this Agreement and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Plentiful App may be accessed and used by other accounts associated with You via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Plentiful App. In the event of any failure of the Plentiful App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) of the Plentiful App to You; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Plentiful App. Apple is not responsible for addressing any claims by You or a third party relating to the Plentiful App or Your use of the Plentiful App, including without limitation: (i) product liability claims; (ii) any claim that the Plentiful App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the Plentiful App or Your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof.Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
4. RESTRICTIONS AND UPDATES. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Plentiful App or make the Plentiful App available to any third party; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Plentiful App; (c) you shall not access the Plentiful App in order to build a similar or competitive product or service; or (d) except as expressly stated herein, no part of the Plentiful App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means. Any future release, update, or other addition to functionality of the Plentiful App shall be subject to the terms of this Agreement, unless Plentiful expressly states otherwise; provided that we shall not be obligated to provide any such release, update, or other addition to functionality.
5. ACCEPTABLE USE. By accessing and/or using the Plentiful Platform, you hereby agree to comply with the following requirements, in addition to all other terms of this Agreement:
- You will comply with all applicable laws in your use of the Plentiful Platform and will not use the Plentiful Platform for any unlawful purpose;
- You will not access or use the Plentiful Platform to collect any market research for a competing business;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Plentiful Platform;
- will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Plentiful Platform;
- will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Plentiful Platform, directly or indirectly, except for Internet search engines and non-commercial public archives that comply with our robots.txt file;
- You will not use, frame, or utilize framing techniques to enclose any Plentiful trademark, logo, or other proprietary information (including the images found on the Plentiful Platform, the content of any text, or the layout/design of any page or form contained on a page) without Plentiful’s express written consent;
- will not use meta tags or any other "hidden text" utilizing a Plentiful name, trademark, or product name without Plentiful’s express written consent;
- will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- will not interfere with or attempt to interrupt the proper operation of the Plentiful Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Plentiful Platform through hacking, password or data mining, or any other means.
If you become aware of any user activity that violates this Acceptable Use section, you must promptly notify us of such activity.
We reserve the right, in our sole and absolute discretion, to deny you access to the Plentiful Platform or any portion of the Plentiful Platform, without notice, and to remove any comments, submissions, or information on the Plentiful Platform that do not adhere to these Acceptable Use guidelines.
6. INTELLECTUAL PROPERTY. Plentiful and its licensors own all right, title, and interest, including all intellectual property rights, in and to the Plentiful Platform. Any rights not expressly granted by Plentiful in the Agreement are reserved. The Plentiful Platform contains materials, such as software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by or on behalf of Plentiful (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws governing copyright and other forms of intellectual property. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content, except as expressly permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
you violate any part of this Agreement, your permission to access and/or use the Content and the Plentiful Platform automatically terminates and you must immediately destroy any copies you have made of the Content and the Plentiful Platform.
The trademarks, service marks, and logos of Plentiful (“Plentiful Trademarks”) used and displayed on the Plentiful Platform are registered and unregistered trademarks or service marks of Plentiful. Other company, product, and service names located on the Plentiful Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Plentiful Trademarks, the “Trademarks”). Nothing on the Plentiful Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Plentiful Trademarks inures to our benefit.
Elements of the Plentiful Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
7. SURVEYS AND FEEDBACK. From time to time, you may also receive invitations to participate in surveys. You are not obligated to participate in these surveys. Survey topics will range and may include questions about your Pantry visit experience, or to assess your interest in products or services, or for other subjects of public interest. Some surveys may compensate you for your participation and receipt of such compensation will be explained in the invitation.
“Feedback” means any feedback, recommendations, enhancement requests, suggestions, testimonials, endorsements, or ideas for improvement communicated to us by you regarding the Plentiful Platform. From time to time, you may voluntarily provide Feedback to us, whether or not in response to specific requests or solicitation by us. In such event, you grant to us a perpetual, irrevocable, fully transferable, freely sublicensable, royalty-free, worldwide license to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback for any purpose in our discretion without restriction. The foregoing license to Feedback shall survive the termination or expiration of this Agreement for any reason.
8. REGISTRATION. If you would like to use the Plentiful App, you will need to download the Plentiful App from the Apple, Android or any other app store through which the Plentiful App is made available to you using your app store credentials or on the web at https://app.plentifulapp.com. Upon signing into the Plentiful App, you will have to create an account by providing your email address or phone number, and optionally creating a password for your account. If you would like to use Plentiful via Text, you will have to provide your phone number. You represent and warrant that all login information you submit is truthful and accurate and you will maintain the accuracy of such information. You are responsible for the confidentiality of your login information. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason. We are under no obligation to accept any User, and may accept or reject any registration in our sole and complete discretion. By submitting the requested information to the registration form or similar process on the Plentiful App, you represent and warrant that the information you submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update your submitted account information to ensure that such information is complete, true, accurate, and current.
9. COMMUNICATIONS TO US. Although we encourage you to e-mail us with questions and Feedback regarding the Plentiful Platform, you agree not to e-mail us any content that contains your confidential information, and we will not be responsible for maintaining or observing any confidentiality obligations with respect to your communications with us.
10. EXPORT COMPLIANCE. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. DISCLAIMER OF WARRANTIES. NONE OF PLENTIFUL, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “PLENTIFUL PARTIES”) ENDORSE OR RECOMMEND ANY PANTRIES. YOU ACKNOWLEDGE AND AGREE THAT THE PLENTIFUL PLATFORM MERELY PROVIDES THE OPPORTUNITY FOR YOU TO SCHEDULE VISITS TO PANTRIES THAT ACCEPT RESERVATIONS, OR SEE THE OPERATING HOURS OF PANTRIES THAT DO NOT SCHEDULE VISITS. NONE OF THE PLENTIFUL PARTIES HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY PANTRIES YOU VISIT OR ANY FOOD ITEMS THAT ARE PROVIDED BY ANY PANTRIES OR ANY RESULTS CAUSED BY VISITING ANY PANTRIES OR CONSUMING ANY FOOD ITEMS PROVIDED BY ANY PANTRIES, INCLUDING WITHOUT LIMITATION, ANY DEATH OR BODILY INJURY YOU MAY SUFFER. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING SENTENCE DOES NOT APPLY TO CONSUMERS LOCATED IN ANY JURISDICTION WHICH DOES NOT GIVE EFFECT TO SUCH SENTENCE PURSUANT TO APPLICABLE LAW; IN SUCH JURISDICTION(S), THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO THE FURTHEST EXTENT PERMITTED UNDER APPLICABLE LAW (IF AT ALL).
PLENTIFUL PLATFORM, AND THE CONTENT AND MATERIALS THEREIN, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PLENTIFUL MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, PLENTIFUL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS, CONTENT AND THE PLENTIFUL PLATFORM.
PLENTIFUL PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE PLENTIFUL PLATFORM. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLENTIFUL PLATFORM AT ANY TIME WITHOUT NOTICE.
The Content and information contained in or made available through the Plentiful Platform (including but not limited to any reports, graphics, statistics, methodologies, illustrations, or practices disclosed therein) cannot replace or substitute for the services of qualified professionals in any field, and nothing contained on the Plentiful Platform should be treated or construed as professional financial, tax, medical, psychological, or legal matters. You acknowledge that you are solely responsible and accountable for your decisions, actions, and results regarding finances, tax, legal matters, and personal health, and agree that Plentiful shall not be held liable for any decisions made by you in reliance or with reference to any Content or information that you access on the Platform.
12. LIMITATION OF REMEDIES AND DAMAGES. IN CONNECTION WITH ANY CLAIM, SUIT, OR OTHER PROCEEDING BROUGHT BETWEEN THE PARTIES TO THIS AGREEMENT WITH RESPECT TO THE SUBJECT MATTER HEREOF: (I) NONE OF THE PLENTIFUL PARTIES SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THIS AGREEMENT, EVEN IF SUCH PLENTIFUL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF OR INABILITY TO USE THE PLENTIFUL PLATFORM OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (USD $100). CERTAIN STATES AND/OR JURISDICTIONS DO NOT GIVE FULL EFFECT TO THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION, SO THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE MAY NOT APPLY TO YOU. IN SUCH EVENT, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
13. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Plentiful Parties from and against any claims, losses, liabilities, damages, debts, actions, demands, costs, and expenses, including, without limitation, reasonable legal and accounting fees, arising or resulting from any third-party claim, suit, or other proceeding brought against any of the Plentiful Parties in connection with: (i) your breach of this Agreement; (ii) your misuse of the Content or the Plentiful Platform; (iii) your negligence, willful misconduct, or violation of any applicable law or regulation; and (iv) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
14. COMPLIANCE WITH APPLICABLE LAWS. The Plentiful Platform is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Plentiful Platform or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
15. TERM AND TERMINATION. This Agreement and the licenses granted hereunder are effective on the date you install or use the Plentiful Platform and shall continue unless and until: (i) you materially breach this Agreement, in which case it terminates immediately and all rights and licenses granted herein shall automatically terminate; or (ii) this Agreement is terminated by Plentiful pursuant to this section. In addition, Plentiful may terminate this Agreement immediately upon notice for any reason including but not limited to, your material breach of any the terms hereof. Upon termination, the license granted hereunder shall terminate and you shall immediately destroy any copies of the Plentiful Platform in your possession, but the terms of this Agreement regarding indemnification, limitation of liability, Plentiful’s proprietary rights, Feedback, disclaimers of warranty, arbitration, class action waiver, governing law, severability, waiver, and injunctive relief, together with any other provisions which expressly by their terms or should by their nature survive termination, will remain in effect.
16. EXTERNAL SITES. The Plentiful Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
17. BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement, the Plentiful Platform or any other products or services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in New York County, New York. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Nothing in this Agreement will prevent Plentiful from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Plentiful’s proprietary interests.
18. CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
19. MISCELLANEOUS. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. This Agreement shall be governed by and construed in accordance with the laws of the State of New York and the United States without regard to the conflict of laws provisions therein that would require application of the laws of another jurisdiction. Subject to the foregoing mandatory arbitration provision, any action under or relating to this Agreement shall be brought solely in the state and federal courts located in New York City with sole venue in the courts located in New York County and each party hereby submits to the personal jurisdiction of such courts, except that Plentiful may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and proprietary rights. You acknowledge that your breach of this Agreement would cause a violation of Plentiful’s proprietary rights in and to the Plentiful Platform and cause Plentiful irreparable injury, the extent of which is not readily calculable as money damages, and agree that in event of such actual or threatened breach, Plentiful shall be entitled to seek preliminary and/or injunctive relief therefor, without the necessity of posting bond or other security, in addition and without prejudice to any other right or remedy available at law or in equity. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be deemed severed from this Agreement and/or reformed to be construed as nearly as possible to reflect the intention of the parties, as the case may be, with the other provisions remaining in full force and effect. Plentiful’s failure to insist on strict performance of any of this Agreement will not operate as a waiver of any subsequent default or failure of performance by you. No waiver by Plentiful of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. Any notice to you may be provided by email or other electronic communications, and you hereby consent to the use of such media for effective legal notice. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly canceled.
20. QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Agreement, or wish to obtain additional information, please send an e-mail to email@example.com.