Terms & Conditions

User Agreement

The www.worldupfoundation.org website (the “Site”) is composed of various web pages operated by World U.P. Foundation (“World U.P.” or “We”). Use of The Site offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of The Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
World U.P. reserves the right, in its sole discretion, to change the Terms under which The Site is offered. The most current version of the Terms will supersede all previous versions. World U.P. encourages you to periodically review the Terms to stay informed of our updates.

Donations

Individuals, Businesses, and any other Entity who make donations to support and further the mission of World U.P. (“Donor(s)”) are entitled to itemize their donation as a charitable deduction when filing their taxes within the United States for the calendar year in which they made the donation. Donations made through the links provided on The Site using a credit or debit card will automatically receive a receipt for their donation via email. It’s the responsibility of the Donor to store and save their receipts for tax purposes. Any requests to receive a duplicate receipt should be sent to info@worldupfoundation.org. World U.P. will respond to email requests at their convenience, but make reasonable attempts to provide the information requested by the Donor.

The Site shares information about our programming and partners. Our Community Spotlight page is written by our partners with minimal edits before publishing. Any testimonials or answers within the Community Spotlight page do not reflect the views or opinions of our organization, nor should they be interpreted to promote or attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.

E-Commerce Orders

The Site contains an E-Commerce component. The Site may contain commerce pages to further the programmatic goals of the organization. All funds received or transactions completed through commerce pages shall be used to support ongoing programming costs and further the mission, vision and goals of World U.P.. No transaction completed on this website shall be completed to insure to the benefit of any private shareholder, Donor, or individual.

Direct Delivery Program

The Site offers the ability for the public to participate in our program to order food and have it delivered for free to a commercial or residential address (“Direct Delivery Program”). There is no fee to participate in this program. Any funds received or transactions completed through this program are considered donations and shall be used to support ongoing programming costs and further the mission, vision and goals of World U.P.. No transaction completed on this website shall be completed to insure to the benefit of any private shareholder, Donor, or individual.
If you choose to place an order through our Direct Delivery Program, either directly or indirectly as a recipient, you will be considered a Participant of our programming. As a Participant, you will agree to the following:

1. If ordering on behalf of another person, you agree to educate them on the Terms and Conditions of Participation;
2. Not to resell any food or product received through the Direct Delivery Program;
3. To provide World U.P. with the best and most accurate information possible when placing orders;
4. Not to ingest any food that they have a known or suspected allergy to;
5. Inspect food upon arrival and dispose of any product that is not edible;
6. Treat our staff and volunteers with kindness, patience, and respect;
7. Participants, for themselves, their heirs, personal representatives or assigns, agents, employees and affiliates, do hereby release, waive, discharge, and covenant not to sue World U.P, their affiliates, organizational patterns, or volunteers, direct or indirect, officers, employees, and agents from liability from any and all claims resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in the Direct Delivery Program; and
8. Compliance with any other communication provided to you as a Participant.

The Direct Delivery Program relies on the generosity of our food suppliers, organizational partners, and volunteers. While we try to hold a weekly delivery, World U.P. may cancel its service at any time, even if an order is placed by a Participant. Reasonable efforts will be made to contact Participants if orders cannot be fulfilled or delivered.
Food availability is resource contingent. We will try to accommodate orders by making food replacements based on the answers provided in our checkout questionnaire. World U.P. cannot guarantee that order fulfillment will be exactly as ordered. World U.P. reserves the right to cancel any order, at any time.

Food preparation carries with it inherent risks that include but are not limited to health hazards resulting from improper transport, handling and storage.

While We promote access to food resources, and studies have shown that fresh fruits and vegetables improve general well being, World U.P. makes no claim or promise that items provided as part of the Direct Delivery Program can or will alleviate any specific health issue.

Electronic Communications

Visiting The Site or sending emails to World U.P. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Please see the World U.P. Privacy Policy for more information.

Other Important Terms

1. Children Under Thirteen: World U.P. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you may use The Site only with permission of a parent or guardian.
2. Links to Third Party Sites/Third Party Services: The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of World U.P. and World U.P. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. World U.P. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by World U.P. of the site or any association with its operators. Certain services made available via The Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the The Site domain, you hereby acknowledge and consent that World U.P. may share such information and data with any third party with whom World U.P. has a contractual relationship to provide the requested product, service or functionality on behalf of The Site users and customers.
3. No Unlawful or Prohibited Use/Intellectual Property: You are granted a non-exclusive, non-transferable, revocable license to access and use The Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to World U.P. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of World U.P. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. World U.P. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of World U.P. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of World U.P. or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by World U.P. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the World U.P. Content accessed through The Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless World U.P., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. World U.P. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with World U.P. in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and World U.P. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WORLD U.P. FOUNDATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WORLD U.P. FOUNDATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WORLD U.P. FOUNDATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WORLD U.P. FOUNDATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WORLD U.P. FOUNDATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

World U.P. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and World U.P. as a result of this agreement or use of the Site. World U.P.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of World U.P.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by World U.P. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and World U.P. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and World U.P. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.