Terms of Use

Last Updated: February 2022

BY ACCESSING, BROWSING, DOWNLOADING, OR USING THE SYSTEM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THEM IN FULL. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE ANY PORTION OF THE SYSTEM.

Please read the following terms and conditions (the “Terms of Use”) carefully. These Terms of Use govern your access to and use of the SHA website located at https://secondhelpingsatlanta.org (the “Site”), the “Second Helpings Atlanta” mobile application (the “Mobile Application”), and any associated Content (as defined below) (the Site, together with the Mobile Application and the Content, are collectively referred to as the “System”).

In these Terms of Use, “you” and “your” refer to (a) you, the individual accessing the System, (b) any electronic agent accessing the System on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the System; and “SHA”, “we”, “us” or “our” refers to Second Helpings Atlanta, Inc. and all of its respective members, affiliates, subsidiaries, directors, officers and employees.

These Terms of Use constitute a contract between you and SHA.

Minors

If you are a minor in your state of residence, then you are not authorized to use the System, unless (a) you have secured the authorization of your parent or legal guardian to use the System and your parent or legal guardian has agreed to these Terms of Use on your behalf, (b) your parent or legal guardian has not revoked such agreement, and (c) you agree to the provisions of these Terms of Use.

Changes to the Terms of Use

We reserve the right to update or modify these Terms of Use at any time. All such updates and modifications will be effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use. It is your responsibility to review these Terms of Use from time to time to ensure that you continue to agree with all of its terms. Your continued use of the System thereafter signifies your acceptance to such changes. The version of these Terms of Use posted on our Site on each respective date you visit the System will be the Terms of Use applicable to your access and use of the System on that date. Our electronically or otherwise properly stored copy of the Terms of Use shall be deemed to be the true, complete, valid, and authentic copy of the version of the Terms of Use that was in force on each respective date you visited the System. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue access to the System to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability.

Ownership and Access License

The System includes a combination of content created by us, or provided to us by a licensor or other third parties. You understand and agree that SHA owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System, and all of the content and other information either displayed on, transmitted through, available for download, or otherwise used in connection with the System, including but not limited to text, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, logos, trademarks and service marks, and other materials contained therein, as well as the compilation, collection, design, selection and arrangement thereof (collectively, the “Content”). For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through third party websites.
You acknowledge that the System is proprietary to SHA and is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest in the System by accessing and using it. SHA grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the System solely for your personal, non-commercial use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System or any other content available via the System. All rights not expressly granted to you in these Terms of Use are reserved and retained by SHA.

Non-Commercial Use of the System

SHA reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, or any portion thereof, for any reason; (ii) modify or change the System, or any portion thereof, and any applicable policies or terms; and (iii) interrupt the operation of the System, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

You represent and agree that all information that you provide to SHA in connection with your access to and use of the System is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief.

The System is made available for your personal, noncommercial use. Any use or attempted use of the System (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System; (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; (v) to access systems, data or information not intended by SHA to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.

In addition, in connection with your use of the System, you agree you will not:

advertise or solicit any person or entity to buy or sell any products or services through the Site or Mobile Application, or use any Content obtained from the Site or Mobile Application in order to contact, advertise to, solicit, or sell to any person or entity;
upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any SHA representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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);
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;
delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
use any of the System’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);
upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
violate any applicable local, state, national or international law;
upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
delete or revise any material posted by any other person or entity;
probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems;
register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
harvest or otherwise collect information about others, including e-mail addresses;
use any modified versions of the System, for any reason whatsoever, without the express written consent of SHA;
attempt to gain any unauthorized access to the System or any of its associated Content, including computer systems, software, or networks; or
use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or information thereon.

SHA reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Use, including, without limitation, the suspension or termination of your access and/or account. SHA may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. SHA reserves the right at all times to disclose any information as SHA 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 SHA’s sole discretion. You also agree to reimburse SHA for any damage, loss, cost or expense SHA incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the System for any unlawful or prohibited purpose.

Submissions

Any information, communications, or material of any type or nature that you submit to or post on the System (or to any of our pages on a social media platform or other website) by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. SHA does not own any Submissions provided via the System. You are fully responsible for all Submissions, which must comply with these Terms of Use. You hereby agree that by inputting/submitting such Submissions, you grant SHA a nonexclusive, unrestricted, irrevocable, worldwide, sublicensable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such Submissions (or any content or materials contained therein). You hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any content or material contained therein, are not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
SHA neither actively monitors general use of the System, nor exercises editorial control over any Submissions. However, SHA does reserve the right to monitor such Submissions or other use at any time as it deems appropriate and to remove any materials that, in SHA’s sole discretion, may be illegal, may subject SHA to liability, may violate these Terms of Use, or are, in the sole discretion of SHA, inconsistent with SHA purpose for the System.

Electronic Communications

When you use the System or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the System. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

Representations and Warranties

You represent and warrant that any information, materials, or data that you submit to or through the System, or that you access, use, download, or otherwise obtain on or through the System, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.

Disclaimer of Warranties

The information and materials available through the System are for informational and educational purposes only. You acknowledge and agree that your use of the System is at your own risk.

WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERROR OR OMISSION IN THE CONTENT. SHA SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SYSTEM. SHA DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM WILL IS OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. THE CONTENT, INFORMATION, FUNCTIONS AND MATERIALS AVAILABLE FROM OR PROVIDED ON THE SYSTEM, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM ARE OR WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, THAT THEY WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THE SYSTEM IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SYSTEM WILL MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH THE SYSTEM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SYSTEM.

Indemnity

You agree to indemnify, defend and hold SHA, its officers, directors, employees, volunteers, licensors and licensees, suppliers, affiliated entities, agents, and contractors, harmless from and against any loss, damage, liability, claim, demand, cost and expense (including attorneys’ fees), brought by any third party in connection with, arising out of or related to content, data, or information that you submit, post to, or transmit through the System, your access to or use of the System, your violation of these Terms of Use, your violation of any applicable law, regulation or code, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Limitations on Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SHA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY OF ANY KIND, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SYSTEM; (B) THE SECURITY OF THE SYSTEM; (C) THE USE, COPYING, OR DISPLAY OF THE SYSTEM OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM OVER THE INTERNET; (D) SHA’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE; (E) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SYSTEM, OR OTHER THIRD PARTIES; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE SYSTEM. UNDER NO CIRCUMSTANCES SHALL SHA OR ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF SHA, EVEN IF SHA WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF SHA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING ANY OF THE FOREGOING, IF SHA OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR THE SYSTEM, SHA AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.

Links to Other Websites

For your convenience, certain hyperlinks may be provided on the System that link to other websites or social media platforms which are not under the control of SHA (the “Linked Websites”). SHA does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. SHA disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against SHA arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the System do not imply that: (a) SHA is affiliated or associated with any Linked Website; (b) SHA is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Website is authorized to use any trademark, trade name, logo, or copyright symbol of SHA.

Links to the System

Neither you nor any other website may link to the System without the permission of SHA. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) “deep link” to any page of the System other than the home page; (b) “frame” the System or otherwise cause the System to appear in a window with any other material that does not constitute Content; (c) cause any hyperlink to the System to be displayed in any way that is disparaging to SHA or any entity that is affiliated or associated with SHA; or (d) otherwise imply or state that any type of relationship or special arrangements exist with SHA and any other entity. You agree that you will promptly remove any hyperlink to the System upon the written request of SHA. In no event will you use any logo or trademark of SHA as a hyperlink “button”, or in any other manner, without SHA’s express written consent.

Disclaimer of Third Party Information

To the extent that any information, material, or functionality on the System is provided by third party content providers (“Third Party Materials”), SHA has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. SHA does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with SHA.

General

These Terms of Use and any applicable promotions terms (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the System. You agree that you shall not contest the admissibility or enforceability of SHA’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and SHA. SHA may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of SHA. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the System and any other jurisdiction whose laws apply to you or your actions. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by SHA shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved. These Terms of Use do not create any partnership, joint venture, employment, or other agency relationship between SHA and you. You may not enter into any contract on our behalf or bind us in any way.

Governing Law/Jurisdiction/Claims Limitation

These Terms of Use shall be governed by and construed under the laws of the State of Georgia, without regard to conflicts of laws, principles or rules. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the System must be commenced within one year after the cause of action arises. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Fulton County, Georgia for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use or otherwise related to or in connection with your access to and use of the System. You further expressly waive any claim that venue is improper for any reason in these courts.

Contact Us

If you have any questions about these Terms of Use, our practices related to the System, or if you would like to have us remove your information from our database, please contact us at 678.894.9761 or info@secondhelpings.info.