Full Pantry LLC

Terms of Service

Summary: 

Hey there! Welcome to the [Full] mobile application (the “App” or “Platform”), brought to you by Full Pantry LLC, a Wyoming limited liability company, and our affiliated entities (“Full”, “Company”, “we” or “us”). We're all about making a difference by connecting food banks and individuals in need to make food distribution easier.

Now, let's get down to business with these terms of service (this “Agreement” or these “Terms”). They're basically the ground rules for using our App. When users (“you” or “your”) sign up or start using the App, you're agreeing to these Terms.

THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. Check out Section 21 below for all the details before you dive in.

We reserve the right to make modifications to these Terms at any time and for any reason. Please check these Terms regularly to ensure you are aware of any modifications made by us. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to these Terms, you must immediately stop using our Services.

  1. Services. Full offers users (“Users”) access to the Platform to users for purposes of enabling food banks and individuals in need to connect and to facilitate food distribution (collectively, the “Services”). 

  2. Platform. The Platform enables Users to list, display, offer, search for, and request food provided by food banks in the User’s respective geographical region.  Food bank Users that use the Platform to manage inventory and connect with potential Consumer Users are referred to collectively as “Food Bank Users” or singularly as a “Food Bank User”, and Users that access the Platform to view, donate and/or order available listed food items are referred to collectively as “Consumer Users” or singularly as a “Consumer User”. To qualify as a Food Bank User and have access to the Platform, you must first sign up for an account pursuant to Section 4 below.

  3. Privacy. By accessing or using the Platform, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and our Privacy Policy (available at [www.getfull.com/privacy]) (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to these Terms, you may not use the Platform. Any information that you provide to us is subject to the Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Platform you consent to the collection and use of your information as set forth in the Privacy Policy.

  4. Accounts. You must register an account to access and use the features of the Platform. By registering to use the Platform, you represent and warrant that you:  

  • If an individual, are at least 18 years old;

  • Are legally qualified to enter a binding contract with us;

  • Are not prohibited by law from using the Platform;

  • Do not have more than one account on the Platform; and

  • Have not previously been removed from the Platform by us, unless you have our express written permission to create a new account.

Moreover, you agree to provide accurate, current, and complete information during registration in addition to keeping your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Belva if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (a) ask you to provide identification or other information, (b) undertake checks designed to help verify your identity or background, (c) screen you against third-party databases or other sources and request reports from service providers.


If at any time you cease to meet these requirements, we reserve the right to delete your account with us, to revoke all credentials held by you and to delete all Content uploaded by you to the Platform.

  1. Authorized Users. Food Bank Users may grant other individuals within their organization access to our Platform from time to time (each, an “Authorized User”). You are solely responsible for Authorized User activities and interaction with our Services. You agree to ensure all Authorized Users are aware of all restrictions of use in these Terms, the Privacy Policy, and any other rules or requirements applicable to the Services. You agree to cause Authorized Users to comply with such provisions. You are solely responsible for all actions taken by and interactions with Authorized Users, including providing any disclosures governing an Authorized User’s interaction with the Services, and any applicable Privacy Policy or further obligations required by us or any applicable law. Any obligation imposed on you by these Terms shall be applicable to you and to any Authorized User.

  2. Fees and Subscriptions. In general, we make money by charging fees relating to use of our Platform. By using our Platform, you agree to pay all fees. Subject to applicable law and as authorized by our agreements with you, we reserve the right to adjust our pricing and fees at any time. We may offer you the opportunity to purchase subscriptions that provide access to the Platform, certain content, products or Services for a specified period of time. Access to the Platform, certain content, products or Services included in subscription may change from time to time, as we introduce new features, develop our existing offering and sometimes retire features that aren't working out as planned. You may purchase a subscription on a recurring basis disclosed to you prior to your purchase directly from the Company or through a third party by paying a subscription fee plus applicable taxes in advance. The features and content contained in the App may differ by country, language, relevant store, version or device. 

  3. Content. Parts of the Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Full a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Full the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. 

You hereby represent and warrant that any Content you provide: 

  • Is not created solely for the purpose of advertising or other commercial content, including company logos, links or company names; 

  • Does not contain spam, unwanted contact, or content that is shared repeatedly in a disruptive manner; 

  • Does not endorse or promote illegal or harmful activity, is not sexually explicit, violent, graphic, threatening, or harassing; 

  • Does not attempt to impersonate another person, account, or entity, including a representative of Full; 

  • Is not illegal and does not violate another person's or entity's rights, including intellectual property rights and privacy rights; 

  • Does not contain another person's private or confidential information, including content that is sufficient to identify a listing's location.

You agree to defend, indemnify, and hold us harmless for all damage or liability we incur because of your violation of this Section.

  1. Compliance with Laws. You expressly agree to utilize the Platform solely for lawful purposes, and to conduct all activities associated with your use of the Services in strict accordance with all applicable laws and regulations. This includes, but is not limited to, adherence to federal and state laws and regulations governing taxes, data, banking, money laundering, and securities.. Under no circumstances shall the Services be utilized for any fraudulent or illegal activities. 

  2. Your License to the Platform. Subject to your payment of applicable fees and continued compliance with this Agreement and any separate agreements we may have with you, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access the Platform as authorized in these Terms. Except for the limited license to access the Platform identified in the preceding paragraph, you acknowledge that nothing contained in these Terms shall be construed as granting or conferring to you, by implication, estoppel or otherwise, any right, title, or interest to any intellectual property of the Company, our third-party service providers or any other third party, including any (a) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know how, information, or technical data; (b) copyright protected works, copyright registrations, mask works, mask work registrations or applications in the United States or any foreign country; (c) trademarks, trademark registrations, service marks, logos or applications therefor in the United States or any foreign country; (d) trade secrets; or (e) any other tangible or intangible proprietary rights anywhere in the world.

  3. Restrictions On Use. You agree that you will not:

  • distribute the Platform for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Platform by way of the press or media or through any commercial network, cable or satellite system; 

  • allow other individuals or entities to access your account without the express written permission of the Company;

  • create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Platform in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;

  • permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third party to access the Platform;

  • probe, scan or test the vulnerability of the Platform and any system or network;

  • breach or otherwise circumvent any security or authentication measures;

  • access, tamper with, or use non-public areas or parts of the Platform, or shared areas of the Platform you have not been invited to;

  • access, search, or create accounts for the Platform by any means other than our publicly supported interfaces;

  • promote or advertise products or services other than your own without appropriate

authorization;

  • circumvent storage space, usage, or transaction limits for improper means, including attempting to circumvent our fees;

  • publish or share materials that are unlawful or indecent, or that contain extreme acts of violence or terrorist activity;

  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;

  • harass or abuse our personnel or representatives or agents performing services on

behalf of the Company; 

  • store, publish or share material that is fraudulent, defamatory, or misleading; or

  • violate any applicable law in any way.

  1. Platform Rules. In addition to the restrictions outlined in Section 10, you must ensure that your use of our Platform complies with certain platform rules that we may publish or update from time to time (the “Platform Rules”). If you do not agree to our Platform Rules, you must immediately cease to use the Platform. You understand that our Platform Rules are binding and that in the event of your breach of our Platform Rules or this Agreement we will have discretion to take the following steps: (i) terminate your account, (ii) reduce your access to the Platform, and (iii) remove your Content, with or without any prior notice. For the avoidance of doubt, any breach of the Platform Rules by you constitutes a material breach of this Agreement.

  2. Suspension. Without limiting our ability to terminate under this Agreement or our right to change, modify, suspend or discontinue the Platform at any time as set forth elsewhere in these Terms, we also reserve the right to cancel or suspend transactions and/or the Platform due to fraud or compliance-related concerns. 

  3. Third-Party Links and Services. The Platform may contain links to other sites.  The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites, and when you access such sites, you are doing so at your own risk. 

  4. Feedback. If any User sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback and any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, without any attribution or compensation to any party, although we are not required to use any Feedback.

  1. Assumption of Risks.

  • You understand, acknowledge, and freely assume all risks relating to your access or use of the Platform. 

  • You understand, acknowledge, and agree that accessing and using the Platform or the Services provided by Full does not guarantee compliance with all relevant laws and regulations. It is solely your responsibility to ensure that the activities you conduct through the Platform adhere to all applicable legal requirements.

  • You understand and acknowledge there is no guarantee that personal information and transactions on the Platform or on the internet will be maintained confidential and secure.  Your access or use of the Platform is at your own risk, and that to the maximum extent permitted by applicable law we assume no liability or responsibility pertaining to the Platform, your use of the Platform or the receipt, storage, transmission or other use of your personal information. 

  1. Indemnity. You agree to indemnify, defend and hold harmless the Company, its agents, suppliers, licensors, affiliates and their respective directors, officers and employees (collectively, the “Indemnified Parties”) against all losses, liabilities, suits, claims, actions, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) sustained, incurred or paid by any Indemnified Party directly or indirectly resulting from, arising out of, relating to or in connection with: (a) violation of these Terms by you, or other person using your account or credentials; (b) alleged and/or proven breach of applicable laws and/or regulations by the Company; (c) your access to or use of the Platform, (d) any information used, stored, or transmitted in connection with your account or credentials; (e) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights, by you, or anyone using your account or credentials; or (f) violation of any law, regulation, or other legal requirement. This paragraph is intended to be applicable to the maximum extent allowed by law.

  2. Limitations on Liability and Disclaimers.

    • NO WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE AGREEMENT WITH YOU, THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

    • NO SPECIAL DAMAGES. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

    • ADDITIONAL LIMITATION. IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: GOVERNMENT ENFORCEMENT DUE TO FULL’S FAILURE TO COMPLY WITH APPLICABLE LAWS OR REGULATIONS, VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; THE USE OR INABILITY TO USE THE SERVICES; ANY OTHER WEBSITE ACCESSED TO OR FROM THE SERVICES; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

    • AGGREGATE LIABILITY. IN NO CASE WILL THE COMPANY'S, ITS AFFILIATES', AGENTS', LICENSORS', AND THEIR RESPECTIVE DIRECTORS', OFFICERS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY FOR ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) ARISING UNDER OR RELATING TO THE SERVICES BE MORE THAN THE VALUE OF THE FEES ACTUALLY PAID TO US BY YOU DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.

  3. Term and Termination.

    • We may, at any time and in our sole discretion, without prior notice, and without any liability to you, modify or discontinue any portion of the Platform, either temporarily or permanently.

    • At any time and in our sole discretion, without prior notice, and without any liability to you, we may (a) cancel or deactivate your account; or (b) temporarily or permanently, suspend, restrict, or terminate access to any or all of the Platform for any reason or for no reason.  We are under no obligations to disclose its reason for any termination or suspension of the Platform to you or generally.

    • In the event of any termination of this Agreement, discontinuation of the Platform, or termination of your right to access the Platform: (i) all fees and amounts payable to us by you shall immediately become due, (ii) we may delete any of your User data without any liability to you; and (iii) we may cancel any open transactions that are pending at the time of the termination of your right to access the Platform.  We reserve the right to retain aggregated anonymized User data for longer to improve the Platform, prevent fraud and produce aggregated statistics.

    • The provisions of these Terms relating to indemnification, our limitations of liability and disclaimers, your warranties and any other provisions which by their terms should reasonably survive termination, shall survive termination of the Platform or this Agreement. 

  4. Separate Agreement. From time to time, we may enter into separate agreements to govern your use of the Platform. Except otherwise replaced by the terms of such separate agreements, these Terms shall govern and control with respect your use of the Platform.

  5. Notices. We may provide you with notices in any of the following methods: (a) via the Platform, including by a banner or pop-up within the applicable Site, account or elsewhere; (b) by e-mail, sent to the e-mail address you provided us; and/or (c) through any other means, including any phone number, SMS or text message or physical address you provided us. Such notice to you will be deemed received and effective upon receipt or twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice. If we choose to notify you through electronic communication, you agree to receive such communications, including but not limited to our applicable policies, statements, reports, invoices, receipts, disclosures, legal or regulatory statements or documents via electronic delivery. 

  6. Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF, AND REQUIRES YOU ARBITRATE DISPUTES WITH US.  If you have a dispute with us, we will first seek to resolve such a dispute through our support team.

Except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of intellectual property, copyrights, trademarks, trade names, logos, trade secrets or patents, any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, will be determined by binding arbitration.  The location of the arbitration will be determined by Full to be in either (a) the state of your residence or (b) the county and state of our chosen legal counsel at the time of the dispute.  The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Disputes will not be resolved in any other forum or venue. You agree that any arbitration will be conducted by a sole arbitrator. Pre-arbitration discovery will be limited to the greatest extent provided by the rules of AAA, the arbitration award will not include factual findings or conclusions of law, and no punitive damages will be awarded.  Notwithstanding any other rules, no arbitration proceeding brought against Full will be consolidated with any other arbitration proceeding without Full’s written consent.  Judgment may be entered upon any award granted in any arbitration in any court of competent jurisdiction in the county and state in which Full maintains its principal office at the time the award is rendered, in the county and state where Full is organized or incorporated or in any other court having jurisdiction.  The arbitrator will, in the award, allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail. 

NOTICE:  BOTH YOU AND FULL ARE AGREEING TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT DECIDED BY NEUTRAL BINDING ARBITRATION AND ARE GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL.  BY AGREEING TO THIS ARBITRATION AGREEMENT, BOTH YOU AND FULL ARE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE EXTENT THAT THEY ARE SPECIFICALLY PROVIDED FOR UNDER THIS AGREEMENT.  BY AGREEING TO ARBITRATION, YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. IF ANY PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT PARTY MAY BE COMPELLED TO ARBITRATE UNDER FEDERAL OR STATE LAW. THIS ARBITRATION AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS TO THE EXTENT APPLICABLE, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. BOTH YOU AND FULL CONFIRM THEIR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

  1. Governing law. This Agreement shall be governed pursuant to the laws of the State of Oregon, USA, without regard to principles of conflict of laws. You agree that Full may initiate a proceeding related to the enforcement or validity of Full’s intellectual property rights in any court having jurisdiction. With respect to any proceeding that is not subject to arbitration under this Agreement or policies incorporated herein, you agree that any proceedings shall be in the federal or state courts located in Oregon. You waive any objection to venue and to submit to personal jurisdiction in any such courts.

  2. Interpretation. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

  3. Entire Agreement. This Agreement as it may be amended or modified from time to time in accordance with these Terms, and all other legal notices and policies on this website, constitutes the entire agreement between you and the Company with respect to the use of the Platform.

  4. Amendment. The Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this website. All amendments made to this Agreement and these Terms will take immediate effect. If any resulting amendment or modification to these Terms requires Full to interrupt, terminate, or cancel access to and/or use of the Platform, then it shall have the exclusive right to do so. You are responsible for periodically reviewing the amendments on this website, and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this website. Access to this website or use of this website after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. 

  5. Severability. Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

  6. Inurement. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

  7. Assignment. You shall not assign or transfer any of your rights or obligations under this Agreement without our prior written consent, which we may withhold at our sole and absolute discretion.  Any actual or attempted assignment hereof by you contrary to the terms of this Agreement shall be null and void.  We may, at our discretion, assign some or all our rights or obligations to a third party, without your consent or approval.  If we are acquired by, sold to, or merged with a third-party entity, we reserve the right to transfer or assign all your User data as part of such merger, acquisition, sale, or change of control.

  8. Support. Please direct questions, complaints, or issues to [hello@getfull.com].