Welcome to the Meals on Wheels America website, owned and operated by Meals on Wheels America (“MOWA, “we,” or “us”) located at www.mealsonwheelsamerica.org (all or in part, the “Website”). The following terms and conditions (“Terms”) govern use of the Website by you.  Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and MOWA’s Privacy Policy, found at mealsonwheelsamerica.org/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms, the Privacy Policy, or are not at least 13 years of age or older, you must not access or use the Website.

1. INFORMATIONAL PURPOSES ONLY

The information presented on or through the Website is made available solely for general information purposes. While we strive for currency and accuracy, we do not warrant the correctness, accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials do not necessarily reflect the opinion of MOWA, unless otherwise stated. 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.

2. WEBSITE ACCESS

We reserve the right to withdraw, modify or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We 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 user access, including registered user access, to some parts of the Website or the entire Website.

To access the Website or some of the resources it offers, you may be asked to provide certain registration or Membership 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 register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy mealsonwheelsamerica.org/privacy-policy, and you consent to all actions we 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 this 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 username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, 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 these Terms.

You may terminate your account at any time by contacting us by email at webmaster@mealsonwheelsamerica.org.

3. INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality, including but not limited to all information, trademarks, copyrights, software, text, displays, trade dress, images, video, and audio, and the design, selection, and arrangement thereof, are owned by MOWA, 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. These Terms 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 without the advance written permission of MOWA. Further, 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 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, 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 MOWA. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

By posting or submitting any material (including, without limitation, text, photos, and videos) to the Website, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are 13 years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, or email address, as we deem appropriate.

4. COPYRIGHT INFRINGEMENT

MOWA respects the intellectual property of others. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Website in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by U.S. Mail to 1550 Crystal Drive, Suite 1004, Arlington, VA 22202, Attn: General Counsel, or by email to legal@mealsonwheelsamerica.org. MOWA will terminate the user accounts of repeat infringers. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement.

Please include the following information in your written notice:

1. your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our Website that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.

5. ONLINE PURCHASES

All purchases through our Website or other transactions for the sale of goods, services or information carried out through the Website, or resulting from visits made by you, are governed by the specific terms of sale which are hereby incorporated into these Terms. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by reference into these Terms.

6. TRADEMARKS

The Meals on Wheels America registered trademarks including but not limited to the Meals on Wheels America design mark, More Than a Meal^®, Together, We Can Deliver^®, America, Let’s Do Lunch^®, Don’t Stop Now^®, Make Good Go Further^®, Momentum Circle^®, Power of a Knock^®, So No Senior Goes Hungry^®; the common law trademarks including but not limited to End the Wait^™ and March for Meals^™; the associated MOWA logos and variations, and all related names, logos, product and service names, designs, trade dress and slogans are owned by MOWA (the “MOWA Marks”). You must not use the MOWA Marks without the prior written permission of MOWA. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

7. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website: (a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material that promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age; or is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (e) to impersonate or attempt to impersonate MOWA, a MOWA employee, another user, or any other person or entity (including, without limitation, by using email addresses or other identifiers associated with any of the foregoing); or (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm or disparage MOWA or users of the Website, or expose them to liability.

8. USER CONTRIBUTIONS

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Website. Any User Contribution you post to the site must pertain to the purposes of the Website and the mission of MOWA.  Further, any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our Members, 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. Further, you represent and warrant that: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our Members, affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (b) all of your User Contributions will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not MOWA, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. In addition to the limitations set forth in Section 7 (Prohibited Uses), User Contributions must not: (a) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (b) violate the rights, including those of publicity and privacy, of others or contain material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy; (c) be deceitful; (d) promote any illegal activity, or advocate, promote, or assist any unlawful act: (e) impersonate any person or misrepresent your identity or affiliation with any person or organization; (f) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (g) give the impression that they emanate from or are endorsed by us or any other person or entity, if it is not the case.  MOWA may remove all or any part of the content of a User Contribution for any reason in its sole discretion.

9. MONITORING AND ENFORCEMENT

MOWA has the right to monitor and investigate all uses of the Website to ensure compliance with these Terms.  We have the right to: (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion; (c) disclose your identity or other information about you to any third party who reasonably claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and (e) terminate or suspend your access to all or part of the Website, or take other appropriate actions, for any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MOWA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS AND AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to 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.

10. LINKING TO WEBSITE AND SOCIAL MEDIA FEATURES

Users who have been granted express written permission (“Authorized Users”) may link to our homepage, provided it is done in a way that is fair and legal, does not damage our reputation or take advantage of it, and is not done in such a way as to suggest any form of association, approval, connection to or with, or endorsement by or on the part of, MOWA, its officers, directors, staff, Members or affiliates. The Website may provide certain social media features, which are available for use solely as they are provided, solely with respect to the content they are displayed with, or otherwise in accordance with any additional terms and conditions that we provide with such features. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site; (c) link to any part of the Website other than the homepage; or (d) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice in our sole absolute discretion. We may disable all or any social media features and any links at any time without notice in our sole absolute discretion.

11. THIRD-PARTY WEBSITES AND CONTENT

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 sites 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 to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. MOWA does not endorse any product, service, or treatment provided on a third-party website or advertised or provided on the Website.

12. GENERAL DISCLAIMERS

MOWA reserves the right to immediately remove any site materials or User Contributions for any reason or for no reason. MOWA cannot and does not review all communications or products made available on or through the Website, but, although not obligated to, may review, verify, make changes to or remove any User Contributions, site materials, the Website or the products or services made available in connection with the Website, including information submitted in connection with any features at any time, with or without notice in its sole absolute discretion.

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 site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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 YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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 MOWA NOR ANY PERSON ASSOCIATED WITH MOWA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MOWA NOR ANYONE ASSOCIATED WITH MOWA 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 SITE 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, MOWA 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.

NONPARTISAN ORGANIZATION

MOWA is a nonprofit, nonpartisan leadership organization supporting more than 5,000 community-based organizations across the country dedicated to addressing senior hunger and isolation. MOWA does not endorse, support, or oppose political candidates or parties, and does not have a Political Action Committee.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MOWA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, Members, 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 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, or your use of any information obtained from the Website. You may not settle any claim without the prior written consent of MOWA. MOWA may assume the defense of any claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any claim and to participate in the defense thereof. If MOWA does not notify you that it elects to undertake the defense thereof, you shall have the right to defend the claim with counsel reasonably acceptable to MOWA, subject to the right of MOWA to assume, at their sole cost and expense, the defense of any claim at any time prior to the settlement or final determination thereof.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MOWA, ITS MEMBERS OR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF MOWA AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).

15. GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the District of Columbia 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, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the District Courts of the District of Columbia.

16. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. OTHER TERMS

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. All information we collect on this Website is subject to our Privacy Policy mealsonwheelsamerica.org/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. The Terms and our Privacy Policy constitute the sole and entire agreement between you and MOWA regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. In the event of any conflict between any such third-party terms and conditions and these Terms, solely with respect to the Website, these Terms shall govern. No waiver by MOWA of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MOWA to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.