Terms of Service

Revised: August 28, 2024

  1. Purpose

    These Terms of Use ("Terms") govern the use by you of applications, software, websites, content, and services (the "Services") made available in the United States by Chicago Food Rescue. and its subsidiaries and affiliates (collectively, "Chicago Food Rescue"). Please read these Terms carefully before accessing or using the Services. Your access and use of the Services constitutes your agreement to be bound by these Terms, which may be amended from time to time, and establishes a contractual relationship between you and Chicago Food Rescue.

  2. Services

    1. Definition: The Services constitute a technology platform that enables volunteers using Chicago Food Rescue's mobile applications or websites provided as part of the Services (each, an "Application") to donate transportation and/or logistics services to retrieve unused food items from restaurants, wholesalers, caterers, food distributors, farms, and other providers and to deliver those unused food items to certain recipients (collectively, "Third Party Providers"). You are solely responsible for your interaction with the Third Party Providers.
    2. Developer: The Applications are developed and hosted by 412 Food Rescue, Inc. ("412 Food Rescue") as a private labeled mobile app licensed to Chicago Food Rescue.
    3. License: Subject to your compliance with these Terms, Chicago Food Rescue grants to you a limited, revocable, non-exclusive, non-transferable, and non-assignable license, solely for your personal, noncommercial use, to: (1) access and use the Services and (2) download and install the Application(s) to a compatible personal device. Any rights not granted herein are reserved by Chicago Food Rescue, and its licensors.
    4. Restrictions: You may not reproduce, modify, prepare derivative works based upon, distribute, redistribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Services except as expressly permitted by Chicago Food Rescue.

  3. Ownership

    The Services and all rights therein are and shall remain the property of Chicago Food Rescue, or its licensors. Neither these Terms nor your use of the Services convey or grant to you any right in the Services except for the limited license granted above. Further, Chicago Food Rescue, or its licensors, retains all ownership rights to all applicable patents, patentable inventions, copyrights, trade secrets, trademarks, service marks, trade names and other intellectual property rights in the Services. "Food Rescue Hero" is a registered service mark owned by 412 Food Rescue. Notwithstanding any of the foregoing, no rights in 412 Food Rescue's source code are offered or granted.

  4. Use of the Services

    1. Account Information: In order to use most aspects of the Services, you must register and maintain an active personal user Services account ("Account"). You must be at least 18 years of age to obtain an Account. You agree to maintain accurate, complete, up-to-date Account information, which can include your legal name, address, mobile phone number, age, and driver's license number. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access the Services. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your Account username and password at all times.
    2. Text Messaging: By creating an Account, you agree that the Services may send you informational text messages (SMS) or other notifications to your mobile device as part of the normal operations of the Services. You may opt-out of the text messages or notifications by contacting Chicago Food Rescue or uninstalling the Application.
    3. User Provided Content: Chicago Food Rescue may permit you to submit, upload, publish, or otherwise make available to Chicago Food Rescue through the Services textual, audio, and/or visual content and information, including commentary, feedback, and/or photographs ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Chicago Food Rescue, you grant to Chicago Food Rescue a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner the User Content in all formats and distribution channels, without further notice or consent from you.

  5. No Warranty

    THE SERVICES ARE PROVIDES "AS IS" AND "AS AVAILABLE." Chicago Food Rescue DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, Chicago Food Rescue MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. 412 DOES NOT GUARANTEE THE SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  6. Limitation of Liability

    TO THE FULLEST EXTENT ALLOWED BY LAW, Chicago Food Rescue SHALL Not BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, arising from your use of the Services. Notwithstanding anything to the contrary, TO THE FULLEST EXTENT ALLOWED BY LAW, Chicago Food Rescue's ENTIRE LIABILITY UNDER these Terms SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY you to access or use the Services.

  7. Indemnity

    You agree to indemnify and hold Chicago Food Rescue and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Chicago Food Rescue's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

  8. Product Claims

    Subject to the No Warranty and Limitation on Liability sections identified above, all claims that you may have relating to the Services, including (i) product liability claims; (ii) any claim that the Services or an Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, may be made to Chicago Food Rescue.

  9. Termination

    Your rights under these Terms, including your license to use and access the Services, will terminate automatically without notice from Chicago Food Rescue if you fail to comply with any term(s) of these Terms.

  10. No Right to Continued Service.

    412 Food Rescue is the developer and host of the Applications. As such, 412 Food Rescue reserves the right to amend the Services and/or the interface, functionality and/or operation of the Services at any time and without prior notice. At any time without notice, 412 Food Rescue may add, delete or disable content, and/or add, delete, disable or modify some or all of the Services, at its sole election, and you acknowledge: (1) that you may no longer be able to use the Services to the same extent - or at all - as prior to such change or discontinuation, and (2) that 412 Food Rescue shall have no liability to you in such case. In no event will 412 Food Rescue be liable for the removal of or disabling of access to any content, materials or functionality. 412 Food Rescue may also impose limits on the use of or access to certain features or portions of the content, other aspects or components of the Services, in any case and without notice or liability.

  11. Dispute Resolution

    1. Arbitration: Any controversy or claim arising out of or relating to the Terms or the breach thereof shall be settled by arbitration before one arbitrator in accordance with the Rules of the American Arbitration Association. If the you and Chicago Food Rescue cannot agree on the selection of a single arbitrator, you and Chicago Food Rescue shall select one arbitrator and the two arbitrators so selected shall choose a third arbitrator. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The decision by the arbitrator(s) shall be final and not appealable.
    2. Location: You agree that the site of the arbitration will be Pittsburgh, Pennsylvania, that the arbitration will be conducted in and interpreted according to the English language and that any arbitration award will be admissible in a court of competent jurisdiction as conclusive evidence of the terms of the award.
    3. Fees: You will bear your own expenses in connection with any arbitration, unless the allocation of costs and expenses otherwise is determined by the arbitrator(s).

  12. Other Provisions

    1. Governing Law and Jurisdiction: These Terms will be governed by and construed in accordance with the applicable laws of the Commonwealth of Pennsylvania, USA, without giving effect to the principles of that state relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding that is not otherwise subject to the arbitration provisions must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the State or Federal courts in Pittsburgh, Pennsylvania, USA, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in Pittsburgh, Pennsylvania, USA, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party.
    2. Integration: These Terms supersedes all prior agreements, proposals, representations and communications between the parties relating to the subject matter herein.
    3. No Assignment: You may not assign these Terms.
    4. Unenforceability and Severance of Terms: If any term of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid or unenforceable, then these Terms, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
    5. No Waiver: No failure or delay by Chicago Food Rescue in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity.

  13. Responsible party name and address

    Chicago Food Rescue
    2426 W. Dakin St
    Unit 2
    Chicago, IL 60618

  14. Miscellaneous Terms Related to Apple App. Store

    In the event you are viewing these Terms from an Application downloaded or installed from the Apple App. Store, the following additional terms apply:

    1. Acknowledgement: You acknowledge that these Terms are between you and Chicago Food Rescue only, and not with Apple.
    2. Support: Apple has no obligation to furnish maintenance and support services with respect to the Application.
    3. Intellectual Property Rights: You acknowledge that Apple is not responsible for any investigation, defense, settlement, and discharge of any claim for intellectual property infringement related to your use of the Application.
    4. Legal 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.
    5. Apple's Benefits: You agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

Waiver

The purpose of this Agreement is to outline the responsibilities of Chicago Food Rescue in providing volunteer opportunities, and to create an understanding between the organization and the volunteer. This Agreement shall apply to persons voluntarily performing non-compensated services for Chicago Food Rescue.

AGREEMENT FOR NON COMPENSATED SERVICES

You hereby volunteer your services to Chicago Food Rescue. You agree to abide by all relevant policies and procedures and to perform the volunteer services in a safe, responsible manner in accordance with the descriptions of service. It is further understood that this Volunteer Handbook and Agreement shall not in any way constitute or create an employer/employee relationship between Chicago Food Rescue and the Volunteer. Chicago Food Rescue shall not be responsible for, or liable for, nor shall the applicant be eligible to receive, any compensation or benefits as a result of this Agreement.

You have entered into your volunteer relationship with Chicago Food Rescue voluntarily and acknowledge there is no specified length of volunteering. Accordingly, either Chicago Food Rescue or you can terminate the relationship at will, with or without cause, at any time. Although some or all of the policies and procedures may have been explained to me verbally, you understand that it is your responsibility to fully read and comply with Chicago Food Rescue's policies that have been provided to you.

You further understand that:

TERMINATION: You understand that Chicago Food Rescue or you may terminate this agreement at any time without cause, and that you are volunteering your services at will and may be asked to discontinue such without prior notice or reason.

WAIVER & HOLD HARMLESS: You are fully aware that the work associated with being a Chicago Food Rescue Volunteer involves certain risks, including, but not limited to bodily injury from lifting or driving. Being fully informed as to these risks and in consideration of your being allowed to participate in Chicago Food Rescue's Volunteer Program, you hereby assume all risk of injury, damage, and harm to yourself arising from such activities. You also hereby individually and on behalf of your heirs, executors and assignees, release and hold harmless Chicago Food Rescue, its directors and officers, employees and agents and waive any right of recovery that you might have to bring a claim or a lawsuit against them for any personal injury, death or other consequences occurring to me arising out of your volunteer activities.