Terms of service
Last Revised on 5/19/20
These Terms govern your use of and access to the OTP content, applications, services, tools and features provided by us, including without limitation, the Website. Please read these Terms carefully, as they include important information about your legal rights.
By using or accessing the Website, you are agreeing to these Terms. For purposes of these Terms, “you” and “your” means you as the user of the Website. If you use the Website on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of such entity with the authority to bind such entity to these Terms, and (b) you agree to these Terms on such entity’s behalf.
1. WHO MAY USE THE WEBSITE
Minimum Age and Location. You must be 18 years of age or older and reside in the United States or any of its territories to use our Website. OTP makes no representation that the information on this Website is appropriate or available for use in other locations, and access to the OTP Website from territories where the content of the OTP Website may be illegal is prohibited. Those who choose to access the OTP Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Minors under the age of 18, but who are at least 13 years of age, are only permitted to use our Website if the minor’s parent or guardian accepts these Terms on the minor’s behalf prior to use of the Website. Children under the age of 13 are not permitted to use the Website. By using the Website, you represent and warrant that you meet all of these requirements.
3. RIGHTS WE GRANT YOU
3.1 License Grant. This Website is provided for your informational, non-commercial use. Subject to your compliance with these Terms, OTP hereby grants to you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable and non-exclusive license to access the content provided to you as part of the Website. Except as expressly provided in these Terms, nothing contained in the Website grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of OTP or any third party. Unauthorized use of any OTP trademark, service mark, logo, design, animation, page header, button icon or script may be a violation of federal and state trademark laws.
3.2 Restrictions On Your Use of the Website. You may not do any of the following, unless laws prohibit these restrictions or you have our express written permission to do so:
(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any content contained on, or obtained from or through, the Website for public or commercial purposes, including any text, images, audio or video;
(b) duplicate, decompile, reverse engineer, disassemble or decode the Website (including any underlying idea or algorithm), or attempt to do any of the same;
(c) use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Website;
(d) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Website;
(e) exploit the Website for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
(f) use the Website in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party’s use of the Website or use any device, software or routine that causes the same;
(g) attempt to gain unauthorized access to, interfere with, damage or disrupt the Website, or the computer systems or networks connected to the Service;
(h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Website;
(i) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Website to monitor, extract, copy or collect information or data from or through the Website, or engage in any manual process to do the same;
(j) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(k) use the Website for illegal, harassing, unethical, or disruptive purposes;
(l) violate any applicable law or regulation in connection with your use of the Website; or
(m) use the Website in any way not expressly permitted by these Terms.
4.1 Ownership of the Website. The Website and its content, including their “look and feel” (e.g., text, graphics, animations, images, logos, etc.), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that OTP and/or its licensors own all right, title and interest in and to the Website (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Website and its content, including, without limitation, the exclusive right to create derivative works.
4.2 Ownership of Trademarks. The OTP name, the term “OFF THEIR PLATE”, the OTP logo and all related names, logos, product and service names, designs and slogans are trademarks of OTP or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
4.3 Your Content License Grant. In connection with your use of the Website, you may be able to post, upload, or submit content to be made available through the Website (“Your Content”). As a condition of your use of the Website, you grant us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative works (either alone or as part of a collective work) from Your Content. As part of the foregoing license grant you agree that (a) the other users of the Website shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services and (b) we have the right to make any of Your Content available to third parties, so that those third parties can distribute, make derivative works of, comment on and/or analyze your Content on other media and services (either alone or as part of a collective work). By posting or submitting Your Content through the Website, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
5.1 Use of Third Party Materials on the Website. The Website may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites, such as other social media platforms. By using the Website, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
6.1 Disclaimers. Your access to and use of the Website are at your own risk. You understand and agree that the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, OTP, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “OTP Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The OTP Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Website; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Website will meet your requirements or be available on an uninterrupted, secure or error-free basis. You understand that OTP may modify, expand, reduce or terminate all or any part of this Website at any time or discontinue, change or restrict your use of this Website for any reason without notice. No advice or information, whether oral or written, obtained from the OTP Entities or through the Website, will create any warranty or representation not expressly made herein. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE OTP ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE WEBSITE OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE OTP ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE WEBSITE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF OTP SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8.1 Indemnification. By entering into these Terms and accessing or using the Website, you agree that you shall defend, indemnify and hold the OTP Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the OTP Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Website; (d) Your Content, or (e) your negligence or wilful misconduct.
9. ADDITIONAL PROVISIONS
9.1 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review the Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Website after the modifications have become effective will be deemed your acceptance of the modified Terms.
9.2 Termination of License. If you breach any of the terms of these Terms, all licenses granted by OTP will terminate automatically. Additionally, OTP may suspend, disable or delete the Website with our without notice, for any or no reason. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by OTP or you. Termination will not limit any of OTP’s other rights or remedies at law or in equity.
9.3 Jurisdiction; Choice of Law. These Terms and your use of the Website shall be governed by the laws of Massachusetts, without regard to its conflict of laws provisions. Any disputes under these Terms shall be adjudicated in the state or federal courts in Massachusetts, and you consent to the exclusive jurisdiction of said courts.
9.4 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to OTP for which monetary damages would not be an adequate remedy and OTP shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
9.5 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
9.6 U.S. Government Restricted Rights. The Website and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
9.7 Export Laws. You agree that you will not export or re-export, directly or indirectly, the Website and/or other information or materials provided by OTP hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Website may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Website, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
9.8 Severability. If any provision of these Terms, in full or in part, shall be unlawful, void or for any reason unenforceable, then that provision, in full or in part, shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
9.9 Miscellaneous. These Terms and the licenses granted hereunder may be assigned by OTP but may not be assigned by you without the prior express written consent of OTP. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
9.10 How to Contact Us. You may contact us regarding the Website or these Terms by e-mail at firstname.lastname@example.org.
Last Revised on 5/19/20
2. COMPANY’S COLLECTION AND USE OF INFORMATION
In order to provide you with particular services, including services to our health partners and restaurant partners as well as to volunteers who are interested in helping out and/or joining our team, we may ask you to provide us with certain details or information about you. Information that you submit through our Website may include:
- Basic contact details, including your name, email address, phone number, business address and geographic location. We collect basic contact details to communicate with you and to provide you with products and services.
- For Restaurant Partners: in addition to the basic contact details mentioned above, we may also request other information about your restaurant, including: restaurant website; restaurant social media handle(s); the names of the restaurant’s founder(s)/owner(s); the date the restaurant was founded; the number of restaurant locations; and the number of employees that the restaurant maintains.
- Other Information: any other information you may choose to include in communications with us, for example, when sending us a message through our contact forms or interacting with us on our social media.
Some features on the Website may require you to enter certain personal information in order to submit, such as our contact forms, as described above. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.
- Unique device identifier
- Device type, such as your phone, computer or tablet
- IP address
- Browser type
- Date and time stamps, such as the date and time you first accessed the Website
- Operating system
- Log data
- Precise location
- Other information regarding your interaction with the Website, such as clickstream data and ad impressions
We use the information we collect automatically to provide you with offers or promotions, to run analytics and better understand user interaction with the Website.
We may obtain information about you from third parties. Such information may include:
- Information from third parties that you choose to share with us, for example, when you choose to interact with us on any social media, such as Facebook or Instagram.
In addition to the foregoing, we may use all of the above information to comply with any applicable legal obligations, to enforce any applicable terms of service, and to protect or defend the Website, our rights, the rights of our users, or others.
3. HOW THE COMPANY SHARES YOUR INFORMATION
In certain circumstances, the Company may share your information with third parties. Such circumstances may include:
· With vendors or other service providers, such as
o CommonWealth Kitchen or World Central Kitchen, the nonprofit organizations that we have partnered with to process our donations
o Google, which we use to power our contact forms.
o Data analytics vendors
o Security vendors
· With third parties for marketing purposes
· To comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries
· In connection with an asset sale, merger, bankruptcy, or other business transaction
· To enforce any applicable terms of service
· To ensure the safety and security of the Company and/or its users
· When you request us to share certain information with third parties, such as through your use of social media widgets or login integrations
· With professional advisors, such as auditors, law firms, or accounting firms
4. COOKIES AND OTHER TRACKING TECHNOLOGIES
Do Not Track Signals
Your browser settings may also allow you to transmit a “Do Not Track” signal when you visit various websites. Like many websites, our website is not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com/.
Cookies and Other Tracking Technologies
You may control the way in which your devices permit the use of Tracking Technologies. If you so choose, you may block or delete our cookies from your browser; however, blocking or deleting cookies may cause some of the Website, including any portal features and general functionality, to work incorrectly.
Most browsers accept cookies automatically. However, you may be able to configure your browser settings to use the Website without some cookie functionality. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. For example, in the Internet Explorer menu bar, select: Tools àInternet OptionsàBrowsing HistoryàDelete to view manual and automatic options.
We may also use Flash cookies (also known as “persistent identification elements” or “local shared objects”) on certain pages. Because Flash cookies cannot be controlled through your browser settings, you may click here to adjust your preferences. You can also identify Flash cookies running on your computer by visiting the Flash Player folder. Flash cookies, or LSO files, are typically stored with a “.SOL” extension. Please note that if you block cookies, some functions otherwise available on the Website may be unavailable, and we may not be able to present you with personally-tailored content.
If you have questions regarding the specific information about you that we process or retain, as well as your choices regarding our collection and use practices, please contact us using the information listed below.
5. SOCIAL FEATURES
Certain features of the Website permit you to initiate interactions between the Website and third-party services or platforms, such as social networks (“Social Features”). Social Features include features that allow you to click and access the Company’s pages on certain third-party platforms, such as Facebook and Twitter, and from there to “like” or “share” our content on those platforms. Use of Social Features may entail a third party’s collection and/or use of your data. If you use Social Features or similar third-party services, information you post or otherwise make accessible may be publicly displayed by the third-party service you are using. Both the Company and the third party may have access to information about you and your use of both the Website and the third-party service. For more information on third-party websites and platforms, see Section 7.
6. THIRD PARTY WEBSITES AND LINKS
7. CHILDREN’S PRIVACY
We do not seek or knowingly collect any personal information about children under 13 years of age. If we become aware that we have unknowingly collected information about a child under 13 years of age, we will make commercially reasonable efforts to delete such information from our database.
If you are the parent or guardian of a child under 13 years of age who has provided us with their personal information, you may contact us using the below information to request that it be deleted.
8. DATA SECURITY
Please note that any information you send to us electronically, while using the Website or otherwise interacting with us, may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send us through any means is transmitted at your own risk.
9. YOUR CALIFORNIA PRIVACY RIGHTS
Sharing for Direct Marketing Purposes
- We do not share personal information as defined by California Civil Code Section 1798.83 (“Shine The Light Law”) with third parties for their direct marketing purposes.
- California law permits users in California to request certain details about how their “personal information” (as defined in California Civil Code Section 1798.83) is shared with third parties for direct marketing purposes. We may from time to time elect to share certain “personal information” about you with third parties for those third parties’ direct marketing purposes. California users may, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2019 will receive information about 2018 sharing activities).
To make such a request, please contact us using the information listed below. Please note that we are only required to respond to one request per California resident each year.
Users Under 18
Any California residents under the age of eighteen (18) who have posted content or information on the Website, can request that such information be removed from the Website by contacting us at the e-mail or address set forth in the “Contact us” section below. Such request must state that they personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
10. INTERNATIONAL USERS
The Website is designed for users in the United States only. Please do not use the Website if you are outside the United States.