Feeding Westchester

Donor Privacy Policy

Learn how your personal information is used at Feeding Westchester here, or read our other important policies and disclaimers.

1. Introduction

Feeding Westchester, Inc. (“FW,” “Company,” “we,” “our,” or “us”) respects your privacy, and we are committed to protecting it through our compliance with this policy.

This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the website https://feedingwestchester.org/ (our “Website”), when we assist you in applying for or when you receive Supplemental Nutrition Assistance Program (“SNAP”) benefits in New York State, or make a donation to Feeding Westchester online, at a special event (such as an online auction), over the phone, or by mailing in a check to our postal address, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • on our Website;
  • in email, text, and other electronic messages between you and us;
  • when you make a donation online, over the phone, or by mailing in a check to our postal address (see Contact Information);
  • from third parties, such as our business partners and partner agencies;
  • when we make home visits to assist you in the screening and application process for SNAP benefits; and
  • when you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this policy.

Except as described above, it does not apply to information collected by:

  • us in any other way offline or through any other means, including on any other website operated by FW or any third party; and
  • any third party that is not provided to us, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using our Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

 

2. Information We Collect About You and How We Collect It

Generally

The types of information we collect may vary depending on your relationship with us. This may include information:

  • By which you may be personally identified, such as name, postal address, e-mail address, home, work, and mobile telephone numbers, credit or debit card number (for online donation purposes only); date of birth, ethnicity, and education level; and/or Social Security number, driver’s license number, passport number, veteran/military status, or employment-related details (from current or prospective SNAP beneficiaries) (collectively, “Personal Data”);
  • that is about you but individually does not identify you, such as traffic data, logs, referring/exit pages, date and time of your visit to our Website, error information, clickstream data, and other communication data and the resources that you access and use on the Website; or
  • about your Internet connection, the equipment you use to access our Website and usage details.

We collect this information:

  • directly from you when you provide it to us;
  • automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies; and
  • from third parties, for example, our business partners and partner agencies.


Information You Provide to Us

The information we may collect from you includes:

  • information received on applications and other forms you complete, whether in writing, in person, by phone, electronically, or by other means. This can include information provided at the time of making a donation, registering to become a volunteer, signing your organization up to be a partner, signing up and creating a fundraising campaign, using our assistance to enroll for SNAP benefits, making a donation by mailing in a check to our postal address (see Contact Information), making a donation by phone, subscribing to receive updates about our blogs, sending us a message to contact us, or requesting further services. We may also ask you for information when you report a problem with our Website;
  • details of donations you make on or through our Website, over the phone, or via direct mail. When you provide your credit card information to make a donation online, our payment processor stores your credit card information, and we may only store a “token” representation of your credit card that identifies you for later purchases to our payment processor. Our payment processor’s privacy policy may be found at https://stripe.com/privacy; and
  • records and copies of your correspondence (including email addresses), if you contact us.


Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

  • details of your visits to our Website, such as traffic data, location, logs, referring/exit pages, date and time of your visit to our Website, error information, clickstream data, and other communication data and the resources that you access and use on the Website; and
  • information about your computer, and Internet connection, specifically your IP address, operating system, and browser type.

The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service to you.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). We and our service providers may use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Website through your computer or mobile device. A cookie is a small file or piece of data sent from a website and stored on the hard drive of your computer or mobile device. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.


Third Party Use of Cookies and Other Tracking Technologies.
Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. These third-parties include the use of:

  • Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Website. Google Analytics uses “cookies,” which are text files placed on your computer, to help the Website analyze how users use the site. You can find out more about how Google uses data when you visit our Website by visiting “How Google uses data when you use our partners’ sites or apps,” (located at google.com/policies/privacy/partners/). We may also use Google Analytics Advertising Features or other advertising networks to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.
  • Facebook Pixels. We use Facebook pixels, which are tools that provide help to website owners and publishers, developers, advertisers, business partners (and their customers) and others integrate, use and exchange information with Facebook, as such the collection and use of information for ad targeting. Please note that third parties, including Facebook, use cookies, web beacons, and other storage technologies to collect or receive information from your websites and elsewhere on the internet and use that information to provide measurement services and target ads. Facebook’s ability to use and share information is governed by the Facebook Tools Terms, available at: https://www.facebook.com/legal/technology_terms/. You may block the use of targeted ads based on your activity on Facebook by adjusting your user preferences through Facebook’s Ad Settings or by changing your device settingson your mobile device.


Information We Collect From Third Parties

The information we collect from third parties includes SNAP benefit eligibility data.

 

3. How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Data:

  • to provide, support, personalize, or develop the services provided;
  • to maintain, customize, and secure your profile (including notices about subscriptions, expiration, and renewals, if applicable);
  • to process your requests, purchases, transactions, and payments and/or to prevent transactional fraud;
  • to provide you with support and to respond to your inquiries;
  • to communicate with you via telephone, text, email, and mail concerning FW’s charitable activities, events, and requests for future support, including through newsletters, fundraising appeals, and other similar communications;
  • for donors, to learn about our donors and what matters to them; process donations and event registrations and issue tax receipts; analyze giving patterns; and to plan future fundraising activities and events;
  • to help maintain the safety, security, quality, and integrity of our Website, databases and other technology assets, and business, including to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity, and to debug to identify and repair errors that impair existing intended functionality;
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of FW, our donors, clients, or others;
  • to enforce or apply our Terms of Use [found on this page below this policy], carry out our obligations, and enforce our rights arising from any contracts entered into between you and us;
  • to use your gift, combined with those of other donors, as part of our matching gift fund to inspire more donors like you to support our mission;
  • to comply with our legal, regulatory, and contractual obligations; and
  • for any other purpose with your consent.

We may also use your information to contact you about our goods and services that may be of interest to you, including through newsletters, fundraising appeals, and blogs. If you wish to opt-out of receiving such communications, you may do so at any time by clicking unsubscribe at the bottom of these communications. For more information, see Choices About How We Use and Disclose Your Information.

 

4. Disclosure of Your Information

We do not sell or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Data that we collect or you provide as described in this Privacy Policy to:

  • certain nonprofit or commercial organizations that we believe engage in activities that are not inconsistent with the mission and core beliefs of FW.
  • service providers and other third parties we use to support our business. The services provided by these organizations include sending email messages, facilitating fundraising activities, and other similar services.
  • to a potential or actual buyer or other successor in the event of a planned or actual merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of FW’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by FW about our Website users is among the assets transferred;
  • internet cookie information recipients, such as analytics services;
  • government entities and regulators, such as local departments of social services and the Westchester County Department of Senior Programs and Services;
  • to fulfill the purpose for which you provide it; and
  • for any other purpose disclosed by us when you provide the information.

We may also disclose your Personal Data:

  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; and
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of FW, our donors, clients, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Text messaging originator opt-in data and consent will not be shared with any third parties, provided that the foregoing does not apply to sharing (1) with vendors, consultants and other service providers who need access to such information to carry out work on our behalf (and who will not use such information for their own purposes); (2) if we believe disclosure is required by any applicable law, rule, or regulation or to comply with law enforcement or legal process.

 

5. Choices about How We Use and Disclose Your Information

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. These third parties may aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created the following mechanism to provide you with control over your Personal Data:

  • Tracking Technologies. You can set your browser or operating to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible or not function properly.
  • Marketing Communications from FW. If you do not wish to have your email address used by FW to market our services and events to you, you can opt-out at any time by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from us. This opt out does not apply to information provided to FW as a result of a donation, application submission, or your use of our services.
  • Third-Party Promotional Mailings. If you are a donor, we will disclose your Personal Data with nonprofit or commercial organizations for promotional purposes. If you wish to opt out of such sharing, you can check the relevant box located on a direct mailing or other communication that you receive from us or send an email stating your request to info@feedingwestchester.org.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can learn more about interest-based advertisements and your opt-out rights and options from third party platforms for marketing purposes from the following resources:

 

6. Donor Privacy

We respect and value the privacy of our donors, and it is our priority to act as outstanding stewards of the generous gifts made by our donors. We pledge to uphold the standards set forth in the in order to ensure that our donors consistently receive the highest level of service.

If you would like to provide us with a donation, we will protect the confidentiality of your financial and credit card information. We will only disclose donors’ names and postal addresses with certain nonprofit or commercial organizations as is described above in Disclosure of Your Information. You may opt out of such disclosure at any time as is described in Choices About How We Use and Disclose Your Information.

We like to recognize our valued contributors in a variety of ways, including listing your name in our annual report. If you would like us not to list your name in our report, please let us know on your donation form (by mail) or by contacting us through the Contact Information below.

 

7. Accessing and Correcting Your Information

You may notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

 

8. Do Not Track Signals

Some web browsers have a “Do Not Track” feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our Website is not currently set up to respond to those signals.

 

9. Data Security

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. We use encryption technology for information sent and received by us.

The safety and security of your information also depends on you. Where you have chosen a password for the use of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or in your operating system.

 

10. Third Party Sites and Services

Our Website may contain links to third party websites or services that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other websites or services. The privacy practices of these third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties, which we strongly suggest you review.

 

11. Changes to Our Privacy Policy

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on with a notice that the Privacy Policy has been updated on the Website’s home page. If we make material changes to how we treat our users’ Personal Data, we will notify you by email to the email address specified in your profile and/or through a notice on the Website’s home page. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and reviewing this Privacy Policy to check for any changes.

 

12. Parents, Guardians, and Authorized Agents

If you are a parent, guardian, or have legal authority to act on another’s behalf, and wish to access, correct, or delete the information about a child or other individual you represent, please contact us at development@feedingwestchester.org. We may request documentation to verify your identity before processing your request.

 

13. Contact Information

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us at the contact information below.

How to Contact Us:

Feeding Westchester
200 Clearbrook Road
Elmsford, NY 10523
Telephone: 914.923.1100
Email: development@feedingwestchester.org

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Feeding Westchester, Inc. (“FW”, “we” or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of www.feedingwestchester.org (the “Website”), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user. The Website facilitates our ability to recover food that would otherwise go to waste, provide fresh produce to those in need, provide children’s programs to provide children with food, supply the county’s local food programs with expertly sourced food, and provide education to facilitate a lifetime of healthier eating.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.feedingwestchester.org/privacy-policy/ incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Please note that this Agreement contains an arbitration agreement and class action waiver that require you to arbitrate all disputes you have with us on an individual basis. accordingly, you agree to give up your right to go to court (including in a class action proceeding) to assert or defend your rights under the Agreement. Instead, your rights will be determined by a neutral arbitrator, and not a judge or jury, and your claims cannot be brought as a class action. please review section 19 entitled “ARBITRATION AND CLASS ACTION WAIVER” for details regarding your agreement to arbitrate any disputes with us.

The Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions, however, if you are seeking to enroll in Supplemental Nutrition Assistance Program (“SNAP”) or other food assistance benefits offered by FW, you must be a resident of Westchester County, New York, USA. By using the Website, you represent and warrant that you are of legal age to form a binding contract with FW and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of a revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

3. Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of them using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

4. Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by FW, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

If you are accessing the Website as an individual, these Terms of Use permit you to use the Website for your personal use only. If you are accessing and using the Website on behalf of your organization, these Terms of Use permit you to use the Website for your employer’s internal business use and not for your personal use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as may automatically be performed by your browser in order to access and view the Website. In addition, you may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by FW. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

5. Trademarks

The FW name, our logo, and all related names, logos, product and service names, designs and slogans are trademarks of FW or its affiliates or licensors. You must not use such marks without the prior written permission of FW. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

 

6. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate FW, an FW employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm FW or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website.

 

7. Monitoring and Enforcement; Termination

We have the right to: (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (b) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS FW AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

8. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringes your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • Include both of the following statements in the body of the DMCA Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  • Our designated Copyright Agent to receive DMCA Notices is:

[Copyright Agent Name]

[Copyright Agent Address]

[Copyright Agent Email]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

9. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by third-party content providers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by FW, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FW. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

10. Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

11. Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy [INSERT AS LINK TO SITE’S PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

12. Donations

By entering your donation information when making a donation and clicking “Donate Now,” you hereby authorize FW to process your donation through our third-party payment processor. If you sign up to make monthly donations to FW, you also authorize us to process additional donations every month in the amount of your original donation until you request that we discontinue processing such donations. You can contact us at any time through the contact information below to modify or discontinue any such recurring donations. When you make a donation, we do not receive your credit or debit card number. Instead, our payment processor stores your credit or debit card information and we may only store a “token” representation of your credit or debit card that may only be used by us in order to process monthly donations.

 

13. Linking to the Website

You may link to pages of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

14. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, and links that you click to start a fundraiser. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

15. Geographic Restrictions

The owner of the Website is based in the state of New York in the United States. We provide the Website for use only by persons located in the United States, however, we only provide assistance with registering for SNAP and receiving food assistance benefits to persons located in Westchester County, New York, USA. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

16. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE WEBSITE, THEIR CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THEIR CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FW NOR ANY PERSON ASSOCIATED WITH FW MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF FW. WITHOUT LIMITING THE FOREGOING, NEITHER FW NOR ANYONE ASSOCIATED WITH FW REPRESENTS OR WARRANTS THAT THE WEBSITE, THEIR CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

FW HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

17. Limitation on Liability

IN NO EVENT WILL FW, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

18. Indemnification

You agree to defend, indemnify and hold harmless FW, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

19. Arbitration and Waiver of Class Action

YOU AND FW ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc., (JAMS) under the JAMS Comprehensive Arbitration Rules and Procedures.  The Comprehensive Arbitration Rules and Procedures are available online at jamsadr.com/rules-comprehensive-arbitration/ then in effect, except as modified by this Section 19.  The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, neither you nor FW will be entitled to join or consolidate claims by or against either of the parties or other third parties in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

This arbitration clause shall survive the termination of these Terms of Use. If any portion of this arbitration provision is held to be illegal or otherwise unenforceable, the remainder of this arbitration provision will still apply.

 

20. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

In the event that the above arbitration provision is held to be illegal or otherwise unenforceable such that the dispute cannot resolved through confidential binding arbitration, such disputes shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

21. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

22. Waiver and Severability

No waiver by FW of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FW to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

23. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and FW with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

24. Your Comments and Concerns

The Website is operated by Feeding Westchester, which is located at 200 Clearbrook Road, Elmsford, NY 10523.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@feedingwestchester.org.

In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex (including gender identity and sexual orientation), disability, age, or reprisal or retaliation for prior civil rights activity.

Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, audiotape, American Sign Language), should contact the responsible state or local agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339.

To file a program discrimination complaint, a Complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form which can be obtained online at: https://www.usda.gov/sites/default/files/documents/USDA-OASCR%20P-Complaint-Form-0508-0002-508-11-28-17Fax2Mail.pdf, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

mail:
U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410; or

fax:
(833) 256-1665 or (202) 690-7442; or

email:
program.intake@usda.gov

This institution is an equal opportunity provider.