|Good Samaritan Act||Diversity Statement|
|Equal Opportunity Statement||USDA Equal Opportunity Statement|
|Code of Ethics||Donor Bill of Rights|
Terms of Service
Welcome to the web site (“Site”) for Feeding Southwest Virginia (“FSWVA”).
2. ACCESS TO THE SITE
If you do not or cannot agree to the Terms, do not use the Site or any of the services offered through the Site. FSWVA reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions on your use of the Site from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms as “Additional Terms”) will be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
3. ACCEPTABLE USE OF THE SITE
In order to use the Site, you must obtain access to the Internet and pay any and all service fees associated with such access.
(a) Individual Use. You agree that you are only authorized to visit, view and to retain a single copy of pages of the Site for your own internal use and not for any commercially-related purposes or in a manner that in any way suggests a connection, affiliation or any type of relationship between FSWVA and you or an entity related to you. You also agree that you will not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own internal use unless otherwise specifically authorized by FSWVA in writing. FSWVA posts legal notices and various credits on pages of the Site, which may not be removed even in your permitted copies. Do not remove these notices or credits, or any additional information contained along with the notices and credits.
(b) Security, Cracking and Hacking. You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site. Violations of system or network security may result in civil or criminal liability. FSWVA reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
(c) You Are Responsible For All of Your Activities and All of The Content You Post or Submit. You represent and warrant that any information and/or material you post or provide to FSWVA by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site (“Submissions”), is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party’s rights and offered in good faith. You agree NOT to use the Site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of the Site.
(e) Ownership. FSWVA puts a lot of content on the Site for you to examine from time to time including, without limitation, text, graphics, photographs, pictures, drawings, animation, audio, video, literature and any other material distributed by FSWVA on, through or in connection with the Site. Moreover, FSWVA attempts to display the content in a way that will be easily accessible and useful for you, the user. All content and materials on the Site including, without limitation, text, graphics, logos, button icons, images, audio clips and software included in the Site and any services offered on the Site, are the property of FSWVA, its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international Intellectual Property Rights laws. The compilation of all content on the Site is the property of FSWVA and is protected by U.S. and international copyright laws. All software used on the Site is the property of FSWVA or its licensors and is subject to U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except expressly in accordance with these Terms or with the express written permission of FSWVA and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Site. All rights not expressly granted hereunder are expressly reserved to FSWVA.
(f) Spidering. The use of any tools, programs, robotic algorithms or products to automatically download or “spider” the site or any of the pages of the site infringes on FSWVA’s and/or its licensors’ intellectual property rights. Do not use any such tools or products on or in connection with the site.
4. WARRANTY DISCLAIMER
The content, services, information and access to the site are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement. FSWVA does not warrant that any part of the site will operate uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components or that transmission to or from the site and access to the site will be uninterrupted, continuous or error-free. FSWVA does not warrant or make any representations regarding the use or the results of the use of the site in terms of its quality, correctness, accuracy, reliability, or otherwise. You should therefore verify any information obtained from the site before acting on it.
Except as otherwise expressly provided, FSWVA expressly disclaims any responsibility for the accuracy, content, availability of information, products, services or merchandise found on third party sites that link to or from the site. FSWVA disclaims any responsibility for product or service ordering functions, order fulfillment or compliance of products or services with any manufacturer’s warranties or specifications. FSWVA cannot be held responsible for the material contained on third party sites and/or related services nor does FSWVA make any representations or warranties as to the security of any information you might be requested to give to third party sites.
5. LIMITATION OF LIABILITY.
Your use of the site is at your own risk. To the furthest extent permitted by law, under no circumstances including, without limitation, FSWVA’s negligence, shall FSWVA be liable for any damages including, without limitation, direct, special, indirect, punitive, consequential, exemplary and/or incidental damages that result from your use or inability to use the site, any content and/or any related software, even if FSWVA or an authorized FSWVA representative has been advised of the possibility of such damages. Notwithstanding anything else contained in these terms, in the event the terms of this section, or any part of this section, shall be held invalid or unenforceable by a court of competent jurisdiction, in no event shall FSWVA’s total liability to you, or anyone claiming by or through you, for any damages, losses, claims and/or causes of action, whether in contract, tort, negligence or otherwise exceed one hundred dollars ($100).
You shall indemnify, defend and hold harmless FSWVA and its sponsors, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the Site in violation of these Terms or the infringement by you of any Intellectual Property Rights of any person or entity.
7. GOVERNING LAW AND ARBITRATION.
The laws of the Commonwealth of Virginia (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Salem, Virginia under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the dispute resolution requirements set forth above, for any injunctive relief relating to your access to, or use of, the site including, without limitation, related services, you agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state or federal courts located in city of Salem and/or city of Roanoke, Virginia, U.S.A.
8. WAIVER AND SEVERABILITY.
Furthermore, no delay or omission by FSWVA to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by FSWVA. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
9. CONTRACT ELECTRONICALLY.
You agree that the Terms, combined with your act of using the Site and/or the services offered on or through the Site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the Terms.
This policy also discloses our information gathering practices for the website located at the URL www.feedingswva.org (“Site”), and all of its subdomains (*.feedingswva.org)
Privacy Protection Practices and Standards
- We do not sell supporter information.
- We do not share any personal information to organizations or individuals outside FSWVA without supporter consent.
- We do work with a third-party provider for production and delivery of mailings and newsletters, annual reports, and other literature concerning FSWVA to communicate with our supporter base. This information is used with the consent of the supporters being contacted and on behalf of FSWVA, exclusively.
- We will hold strictly confidential all information concerning donors and prospects, including names, addresses, names of beneficiaries, nature and value of estates, amounts of provisions or gifts, etc., unless a donor or prospect grants permission to use selective information for purposes of referral, testimonial, example, recognition, or publicity.
- We have procedures in place to limit access to information to those employees and volunteers who need to know such information in order to fulfill our mission.
- We educate our employees and volunteers on the importance of protecting the privacy and security of confidential personal and organizational information.
- We will collect, use and share information about our supporters among employees and volunteers only on a need-to-know basis and for the sole purpose of carrying out FSWVA’s mission.
- We will cooperate with government officials or parties in litigation under process of law, or as otherwise required by law.
- We will use our best efforts to comply with the expressed wishes of any supporter who does not want their name used in any promotional material, wishes their name removed from solicitation lists, or wishes to have their gifts or services be anonymous.
Request for Removal from FSWVA’s Contact List
Call us at (540) 342-3011 and ask for our Development department.
You may also send us a message through the Contact Us page.
Please allow six to eight weeks for mail to cease.
Personal Information Collected
Personal information obtained from donors, volunteers and prospects through pledge cards, letters, surveys, applications, and other forms, in writing, in person, by telephone, or electronically (e.g. name, address, employer, birth date, credit card number, family members, interests, etc.)
We retain information about present and past history of donations, volunteer service, committee service and any other interaction an individual may have had with FSWVA.
FSWVA collects this necessary information to perform transactions, to analyze and plan, and to communicate with our supporters.
Non-Personal Information We Collect
FSWVA also collects certain non-personally identifiable information when someone visits web pages within the Site such as:
- Browser type and version (e.g. Internet Explorer, Chrome, Firefox, Opera)
- Operating system in use (e.g. Windows 7, 8, 10; Mac OS, iOS, Android)
- Device type and brand in use (e.g. desktop, smartphone, tablet)
- The domain name and IP address of the visitor’s internet service provider (e.g. Cox, AT&T, Verizon, Comcast)
- Aggregate data about the number of visits to the Site and/or aggregate data about the pages visited within the Site.
- Browser “Cookies”.
About those “Cookies”
The FSWVA Site collects non-personal information to determine how well our website is performing for visitors and if it is providing useful information about our mission in an efficient way.
Secure Browsing of the Site and No Liability
All user information provided to FSWVA through its Site is transmitted using Transport Layer Security (TLS) encryption. TLS is a proven coding system that lets your web browser automatically encrypt – or scramble – data before you send it to us. Such security measures may not prevent all loss, misuse, or alteration of information on the Site and FSWVA is not responsible for any damages or liabilities relating to any such security failures. While we strive to protect your information, we cannot ensure or warrant the security of such information.
Our Site contains links to other websites. FSWVA is not responsible for, nor can FSWVA ensure, the privacy practices, security, or content of other websites.
Contacting the Website Manager
If you have any questions about the practices of this Site, or your dealings with this Site, you can send a letter to:
Feeding Southwest Virginia
1025 Electric Road
Salem, VA 24153
You may also send a message to the Webmaster through the Contact Us page, or call (540) 342-3011 and ask for our IT department.
This policy was reviewed and amended on April 28, 2020
Your Liability as a Food Donor
LIABILITY OF PERSON OR GLEANER. A person or gleaner shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals.
To learn more about donor protection, please read about the Public Law 104-210 “Model Good Samaritan Food Donation Act”
Feeding Southwest Virginia embraces diversity as a guiding principle and key strategy of our mission to provide food to people in need. We champion acceptance understanding, and respect for individual differences, including race, ethnicity, gender, sexual orientation, socio-economic status, age, physical abilities, religious beliefs, political viewpoints, and other ideologies. In doing so, we reflect the diversity of our stakeholders, attract and retain talented staff and volunteers, and nurture the creativity and innovation needed to achieve our shared vision of a hunger-free Southwest Virginia.
Diversity encompasses acceptance and respect by all.
It means that we…
Understand and appreciate that every individual is unique.
Recognize and value our individual differences.
These differences include the dimensions of race, ethnicity, gender, sexual orientation, socio-economic status, age, physical abilities, religious beliefs, political beliefs, or other ideologies.
- Diversity is a key business strategy and core value and will enable the Feeding Southwest Virginia to provide greater food assistance to those in need.
- Diversity – across all levels in the organization — is essential to the optimization of organizational effectiveness and creativity.
- In a philosophy that recognizes and values diversity.
- In attracting, retaining and promoting a talented and diverse workforce in a culture where all employees will contribute to their fullest potential.
- That the racial, ethnic, cultural and social diversity of Southwest Virginia should be reflected in our organization, staff and boards.
Feeding Southwest Virginia will build an organization that reflects ethnic, cultural and social diversity by focusing on recruitment, retention, and promotion of under-represented groups, and on building a culture that will support and maintain this change.
- Continue to build and maintain an organizational environment that is inclusive, respectful and safe for all.
- Create an environment that supports a diverse staff -reflecting a broad range of racial/ethnic groups, cultures, perspectives, lifestyle and gender.
- Demonstrate continuing improvement in the number of positions occupied by diverse employees at all levels.
- Create an open environment that provides a culture where diversity issues and opportunities will be openly discussed and addressed.
Equal Employment Opportunity Statement
It is the policy of FSWVA to afford equal employment opportunity to all employees and applicants for employment. This means that we are committed to making our decisions in all terms and conditions of employment without regard to race, creed, color, religion, sex, national origin, disability, age, veteran’s status or any other status protected by federal law or Virginia law. It is also our policy not to discriminate on the basis of sexual orientation.
USDA Commodities Equal Opportunity Statement
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992.
Submit your completed form or letter to USDA by:
(1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410
(2) fax: (202) 690-7442
or (3) email: email@example.com
USDA is an equal opportunity provider, employer, and lender.
Feeding Southwest Virginia is an equal opportunity provider and employer.