General Terms

These terms of use are entered into by and between You and Agape Meals for Kids, Inc. (“Agape,” “we,” or “us”). The following terms and conditions (the “Terms of Use”), govern Your access to and use of this website, which includes any content, functionality, and services we offer (the “Website”).

The Website is offered and available to users who are 18 years of age or older. By using the Website, You represent and warrant that You are of legal age to form a binding contract with Agape and meet all of the foregoing eligibility requirements.

By using the Website You accept and agree to be bound and abide by these Terms of Use and our privacy policy, found at https://www.agapemealsforkids.org/privacy-policy/, incorporated herein by reference. If You do not agree to the Terms of Use and the privacy policy, You must not access or interact with the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion and without notice. All changes are effective immediately when the changes are posted on the Website. Your continued use of the Website following any revision of the Terms of Use means that You agree to the changes.

Accessing the Website and Account Security

Agape can withdraw or amend any service or material on the Website, at its sole discretion, without any notice to You. Agape will not be liable if for any reason all or any part of the Website is 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.

To access the Website or some of the resources it offers, 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 this Website and Your use of any interactive features is governed by our privacy policy. You consent to all actions Agape will take with respect to Your information consistent with our privacy policy.

If You choose or are provided with a username, 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 it using Your username, 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 Your account at the end of each session.

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 the Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, the design, selection, and arrangement thereof) are owned by Agape, 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.

The Terms of Use permit You to use the Website for Your personal, non-commercial use only. 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 for any commercial purpose. You must not (1) modify copies of any materials from the Website; (2) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (3) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If You wish to make any use of material on the Website other than explicitly set out in this section, please address Your request to the Website’s “Contact Us” page.

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 stop 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 Agape. 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.

Trademarks

Agape’s name, and all related names, domain names, logos, product and service names, designs, and slogans are trademarks of Agape or its affiliates or licensors. You must not use such marks without the prior written permission of Agape. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. You agree to not use any such trademarks, service marks, trade dress, or other logos from the Website without the prior written authorization of Agape.

Payment Transactions

Agape’s Website provides You with the opportunity to make an online payment donation.
You hereby acknowledge and agree that for all donations/payment transactions, (1) You will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations/payment transactions are final and non-refundable.

Prohibited Uses

You acknowledge and agree to not engage in any conduct, use or attempt to use the Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose; or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; or (iii) interfere with any other party’s use and enjoyment of the Website; or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or (v) to access systems, data or information not intended by Agape to be made accessible to a user; or (vi) attempt to obtain any materials or information through any means not intentionally made available by Agape. Additionally, in connection with Your use of the Website, You agree You will not: a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Agape employee or representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity or Agape; c) upload or transmit any material that You do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; e) delete any author attributions, legal notices or proprietary designations or labels that You upload to any communication feature; f) use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; h) violate any applicable local, state, national or international law; i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; j) delete or revise any material posted by any other person or entity; k) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology; l) probe, scan, test the vulnerability of or breach the authentication measures of, the Website or any related networks or systems; m) harvest or otherwise collect information about others, including e-mail addresses; or n) use any robot, spider, scraper, or other automated or manual means to access the Website, or copy any content or information on the Website. Agape reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. Agape may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongs. Except as may be expressly limited by the privacy policy, Agape reserves the right at all times to disclose any information as Agape deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Agape’s sole discretion.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the content standards set out in these Terms of Use.

Any User Contribution You post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us, our affiliates, and service providers, and each of their and our licensees, successors, and assigns. Furthermore, all Your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not Agape, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Website.

Monitoring and Enforcement; Termination

Agape has the right to (1) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (2) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Agape; (3) disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy; (4) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (5) 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. Agape is not required to provide a response or reason clarifying any decision that terminates or suspends Your access to the Website.

Liabilities and Indemnification

You agree to indemnify, defend and hold harmless Agape, its directors, trustees, officers, employees, attorneys, volunteers, agents and representatives from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) Your breach of this Agreement, (ii) any allegation that any materials included on Your website infringe or otherwise violate the copyrights, trademark, trade secret or other intellectual property or other proprietary rights of any third party; and (iii) Your activities in connection with the Website. Your obligations under this paragraph will survive the termination or expiration of the Terms and Conditions.

However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, 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. To the furthest extend permitted by law, You agree to waive Your right to pursue all or any damages of any kind, that may arise from Your use or interaction with the Website.

Copyright Infringement

If You believe that any User Contributions violate Your copyright, please email [insert email] for instructions on sending us a notice of copyright infringement.

Reliance On Information Posted

The information presented on or through the Website is made available solely for general information purposes. We disclaim all liability and responsibility arising from any reliance placed on such materials by You.

The Website may include content provided by third parties, including materials provided by other users, bloggers, and third party licensors, syndicators, aggregators, and/or reporting services. 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 us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Agape. 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.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our 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.

Linking to the Website and Social Media Features

You may link to our homepage, 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 written consent.

The Website may provide certain social media features that enable You to (1) link from Your own or certain third party websites to certain content on the Website, (2) send emails or other communications with certain content, or links to certain content, on the Website, (3) cause limited portions of content on the Website to be displayed or appear to be displayed on Your own or certain third party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, You must not (1) establish a link from any website that is not owned by You, (2) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking, (3) link to any part of the Website other than the homepage, (4) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to not engage in any unauthorized linking or framing. If You are engaging in any unauthorized linking or framing You agree to stop immediately. We reserve the right to withdraw linking and framing permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

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. We have no control over the contents of those websites 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 on the Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, AGAPE 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 OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 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 WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AGAPE NOR ANY PERSON ASSOCIATED WITH AGAPE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AGAPE NOR ANYONE ASSOCIATED WITH AGAPE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS 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 IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, AGAPE 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

In addition to the above warranty disclaimers, You understand and agree that in no event will Agape will be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, loss of use, loss of income, loss of goodwill or reputation, damage to or corruption of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Website (or inability to use the Website), the opportunities, content, the blogs or blog content, or any other materials, services or information contained in or accessed through the Website, including without limitation any damages caused by or resulting from reliance by You on any information obtained from Agape. Even if Agape has been advised of the possibilities of those damages You understand and agree that Your use of the Website is predicated upon Your waiver of any right to sue Agape and its affiliates directly or to participate in a class action suit for any losses or damages resulting from Your use of the Website.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Agape, 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, Your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or Your use of any information obtained from the Website.

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, will 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.

Any legal suit, action, or proceeding arising out of, or related to, the Terms of Use or the Website shall be instituted exclusively in the federal courts located in the Southern District or Eastern District of New York or the state courts of the State of New York. Although we retain the right to bring any suit, action, or proceeding against You for breach of the 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.

Waiver and Severability

No waiver by Agape of any term or condition set out in the Terms of Use will be deemed as a waiver of any other term or condition, and any failure of Agape to assert a right or provision under these Terms of Use will 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 will 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.

Your Comments and Concerns

The Website is operated by Agape Meals For Kids, Inc.

All other feedback, comments, requests for technical support, and other communications relating to the Website or the Agape generally should be directed to the “Contact Us” page of the Website.