Duval Local Harvest

Food Bank Terms of Service · Version 2 · Effective October 17, 2026

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A DISCLAIMER OF WARRANTIES, A LIMITATION OF DLH’S LIABILITY, AN INDEMNIFICATION OBLIGATION, A ONE-YEAR LIMIT ON CLAIMS AND AN EXCLUSIVE CHOICE OF FLORIDA LAW AND COURTS.

1. Acceptance of this Agreement

1. 1.1These Terms of Service (the “Agreement”) are a binding agreement between Duval Local Harvest (“DLH”, “we”, “us”, “our”), of Jacksonville, Florida, and the food bank, food pantry or other charitable organization identified in the account application or the account record (“you”, “your”, or the “Member”). They govern your access to and use of the DLH web application at duvallocalharvest.app, its installable versions, and every related service DLH provides through it (together, the “Platform”).
2. 1.2By submitting an application to join, by ticking the “I agree” box, by signing in, or by using any part of the Platform, you accept this Agreement. If you do not accept it, you must not use the Platform.
3. 1.3If you accept this Agreement on behalf of a business or organization, you represent that you have authority to bind that business or organization, and “you” refers to it.
4. 1.4This Agreement incorporates the Privacy Notice set out in the final Section. Where DLH publishes additional written guidance for Members (for example delivery schedules or packing instructions), that guidance supplements this Agreement; if it conflicts with this Agreement, this Agreement controls.

2. Definitions

1. 2.1“Farm” means a Member approved by DLH to list and sell products through the Platform.
2. 2.2“Buyer” means a restaurant, kitchen, caterer, retailer or other Member approved by DLH to purchase products through the Platform.
3. 2.3“Food Bank” means a charitable organization approved by DLH to claim Surplus through the Platform.
4. 2.4“Listing” means a product, quantity, unit, pack size, price, availability date and related information a Farm posts to the Platform.
5. 2.5“Order” means a Buyer’s acceptance of a Listing for a stated quantity, placed through the Platform, and includes every line of a multi-item checkout.
6. 2.6“Surplus” means food a Buyer posts to the Platform for donation to Food Banks at no charge.
7. 2.7“Square” means Block, Inc.’s Square payment services, through which card and bank-transfer payments on the Platform are processed.
8. 2.8“Business Day” means Monday to Friday, excluding U.S. federal holidays, in the Eastern Time zone.

3. Role of DLH

1. 3.1DLH operates the Platform, approves Members, and operates the Surplus board through which Buyers post food for donation and Food Banks claim it. DLH does not collect, transport, store or handle Surplus and does not take title to it at any point.
2. 3.2Each donation is a transaction between the posting Buyer and the Food Bank. DLH is not the donor or the recipient and is not a party to the donation.
3. 3.3DLH does not inspect, grade or test Surplus or the premises on which it is prepared or held. Information in a Surplus posting is provided by the Buyer that posted it.
4. 3.4DLH may, but is not obliged to, assist Members in resolving a disagreement about Surplus. Any such assistance is a courtesy and does not make DLH a party to the dispute or responsible for its outcome.

4. Membership and Accounts

1. 4.1Membership is by application and DLH approval, and is open to non-profit organizations that distribute food to persons in need. DLH may ask for evidence of your charitable status. DLH may decline an application, or limit, suspend or close an account, in its reasonable judgment, including where a Member has breached this Agreement.
2. 4.2Each account is for one organization. You must provide accurate and complete information and keep your organization name, contact name and contact details current. Notices under this Agreement are sent to the email address on file, where one is held.
3. 4.3Access to the Platform is by organization name and sign-in code. You are responsible for keeping your sign-in code confidential within your organization and for all activity carried out with it. If you believe your code has been disclosed, you must change it immediately using the “Change sign-in code” function and notify DLH.
4. 4.4Accounts are not transferable. You must be at least 18 years of age and authorized by your organization to use the Platform on its behalf.

5. Claiming and Collecting Surplus

1. 5.1The Platform shows Surplus posted by Buyers (restaurants and kitchens), with the quantity, the time it was prepared or packaged, and how it is being held. Posting Buyers are responsible for that information and for the food until you collect it.
2. 5.2A claim through the Platform reserves the claimed quantity for you and removes it from the board for other Food Banks. You must claim only what you will collect and are able to store and distribute safely.
3. 5.3After claiming, you must arrange collection directly with the posting Buyer and collect at the agreed time. If you cannot collect, you must tell the Buyer promptly so the food can be offered to others. Repeated failure to collect claimed food is a breach of this Agreement.
4. 5.4You may refuse food at collection that is not as posted or is not in good condition, and should tell the Buyer and DLH if you do.
5. 5.5Responsibility for food passes to you on collection. From that point you are responsible for its transport, storage, handling, further preparation and distribution, and for compliance with all laws and standards that apply to your organization, including the Florida Food Code and any requirements of the food-bank network to which you belong.
6. 5.6Food claimed through the Platform is donated for charitable distribution to persons in need. It must not be sold, bartered or used for any commercial purpose.
7. 5.7Donations received in good faith are protected by the federal Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. § 1791) and by section 768.136, Florida Statutes, except in cases of gross negligence or intentional misconduct. DLH makes no representation about the application of those laws to any particular donation.

6. Member Conduct

1. 6.1You must use the Platform only for its intended purpose and in compliance with all applicable federal, state and local laws, rules and regulations.
2. 6.2You must not:
   1. (a)post or submit information that is false, misleading, or that you do not have the right to post;
   2. (b)attempt to access another Member’s account, guess or test sign-in codes, or circumvent any limit, control or security measure of the Platform;
   3. (c)copy, scrape, harvest or extract data from the Platform in bulk, or use automated means to access it, other than through features DLH provides;
   4. (d)reverse engineer, decompile, modify or create derivative works of the Platform;
   5. (e)use the Platform to send unsolicited commercial messages, or to contact Members for purposes unrelated to DLH business;
   6. (f)upload malicious code, or interfere with the operation of the Platform or the servers and networks connected to it;
   7. (g)use the Platform in a way that infringes the rights of any person or that is unlawful, defamatory, harassing or obscene.
3. 6.3The message boards on the Platform are provided for communication among Members of the same type and DLH about DLH business. Posts must be truthful and respectful. DLH has no tolerance for objectionable content or abusive Members: any Member can report a post, a listing or another Member to DLH from within the Platform, DLH reviews every report promptly, and DLH removes objectionable content and may suspend or close the account of a Member who posts it. DLH may remove any post and may restrict a Member’s board access at any time. DLH receives a copy of every post. Removed posts are retained by DLH but are no longer displayed.
4. 6.4DLH may investigate suspected breaches of this Agreement and may take any action it considers appropriate, including removing content, suspending or closing accounts, and reporting unlawful conduct to the authorities.

7. Member Content and Intellectual Property

1. 7.1You retain ownership of the text, photographs, logos and other material you submit to the Platform (“Member Content”).
2. 7.2You grant DLH a non-exclusive, royalty-free, worldwide license to host, store, reproduce, display, adapt (for example by resizing) and distribute your Member Content for the purposes of operating, promoting and improving the Platform and DLH’s services, including in Order emails, invoices and DLH’s own materials describing the DLH market. This license continues for as long as the content is on the Platform and, for records already generated (such as past Orders and invoices), for as long as DLH keeps those records.
3. 7.3Material you post to the message board is displayed to other Food Banks and to DLH.
4. 7.4You represent and warrant that you own or have the necessary rights to your Member Content, that it is accurate, and that it does not infringe the rights of any third party or violate any law.
5. 7.5The Platform, its design, software, text, graphics and the DLH name and marks are owned by DLH or its licensors and are protected by copyright, trademark and other laws. Nothing in this Agreement grants you any right in them other than the limited right to use the Platform in accordance with this Agreement. You may describe yourself as a DLH Member; you may not use the DLH name or marks in any other way without DLH’s prior written consent.

8. Term, Suspension and Termination

1. 8.1This Agreement begins when you accept it and continues until it is terminated.
2. 8.2You may terminate this Agreement at any time by notifying DLH and ceasing to use the Platform.
3. 8.3DLH may suspend your access or terminate this Agreement at any time, with or without notice, if you breach this Agreement, if DLH reasonably believes your conduct may harm DLH or another Member, if required by law, or if DLH discontinues the Platform. DLH may also terminate this Agreement for convenience on fourteen (14) days’ notice.
4. 8.4On termination any claims you have not yet collected are released.
5. 8.5Termination does not affect Orders placed before termination, amounts owed, or any right or obligation that by its nature should survive, including Sections on payment, food safety and compliance, content licenses for records already generated, disclaimers, limitation of liability, indemnification, and governing law.

9. Disclaimer of Warranties

1. 9.1THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, DLH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. 9.2DLH DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DLH MAY CHANGE, SUSPEND OR DISCONTINUE ANY PART OF THE PLATFORM AT ANY TIME.
3. 9.3DLH MAKES NO WARRANTY OR REPRESENTATION ABOUT ANY PRODUCT OR SURPLUS, INCLUDING ITS QUALITY, SAFETY, FRESHNESS, ORIGIN, WEIGHT, QUANTITY, LABELING, LEGALITY OR FITNESS FOR ANY PURPOSE. PRODUCTS ARE SUPPLIED BY FARMS AND SURPLUS BY BUYERS, AND THE SUPPLYING MEMBER IS SOLELY RESPONSIBLE FOR THEM.
4. 9.4SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

1. 10.1TO THE FULLEST EXTENT PERMITTED BY LAW, DLH AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THE PLATFORM OR THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF DLH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. 10.2TO THE FULLEST EXTENT PERMITTED BY LAW, DLH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM PRODUCTS OR SURPLUS SUPPLIED BY A MEMBER, INCLUDING FOODBORNE ILLNESS, SPOILAGE, CONTAMINATION, ALLERGENS, MISLABELING, SHORT WEIGHT OR NON-DELIVERY BY A MEMBER; FROM THE ACTS OR OMISSIONS OF ANY MEMBER; FROM THE ACTS OR OMISSIONS OF SQUARE OR ANY OTHER THIRD-PARTY SERVICE; OR FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT RESULTING FROM YOUR FAILURE TO KEEP YOUR SIGN-IN CODE CONFIDENTIAL.
3. 10.3TO THE FULLEST EXTENT PERMITTED BY LAW, DLH’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
4. 10.4THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY DLH’S OWN NEGLIGENCE. THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DLH.

11. Indemnification

1. 11.1You will defend, indemnify and hold harmless DLH and its owners, officers, employees, contractors and agents from and against all claims, demands, actions, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) brought by a third party and arising out of or relating to:
   1. (a)your transport, storage, handling, preparation or distribution of Surplus after collection, including any claim of illness, injury, death, allergic reaction or contamination;
   2. (b)your failure to comply with any food-safety or other law;
   3. (c)your Member Content;
   4. (d)your breach of this Agreement or of any law;
   5. (e)any dispute between you and another Member.
2. 11.2DLH will notify you promptly of any claim for which it seeks indemnity, will allow you to control the defense and settlement (provided no settlement admits fault by DLH or imposes obligations on DLH without its written consent), and will cooperate reasonably at your expense. DLH may participate with its own counsel at its own cost.

12. Governing Law and Disputes

1. 12.1This Agreement and any dispute arising out of or relating to it or the Platform are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
2. 12.2Before starting any formal proceeding, you and DLH agree to attempt in good faith to resolve the dispute by discussion for at least thirty (30) days after one party gives the other written notice describing it.
3. 12.3Subject to the preceding clause, the state and federal courts located in Duval County, Florida have exclusive jurisdiction over any dispute arising out of or relating to this Agreement or the Platform, and each party submits to the personal jurisdiction of those courts. DLH may nevertheless seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or the security of the Platform.
4. 12.4Any claim arising out of or relating to this Agreement or the Platform must be brought within one (1) year after the claim arose; otherwise it is permanently barred.
5. 12.5Disputes between Members about products, Surplus, Orders or payment are between those Members. Nothing in this Section restricts a Member from pursuing another Member directly.

13. General Provisions

1. 13.1Changes to this Agreement. DLH may amend this Agreement from time to time. DLH will post the amended Agreement on the Platform, update the version number and effective date, notify Members by email or on the message boards, and present the amended Agreement for acceptance at your next sign-in. Amendments apply prospectively. Your continued use of the Platform after the effective date of an amendment constitutes acceptance of it; if you do not accept an amendment, you must stop using the Platform and notify DLH, and Orders already placed remain subject to the Agreement in force when they were placed.
2. 13.2Notices. Notices to you will be sent to the email address on your account and are effective when sent. Notices to DLH must be sent to the DLH email address shown on your invoices and Order emails, or by replying to any email from DLH, and are effective when received.
3. 13.3Force majeure. Neither party is liable for failure or delay in performing its obligations (other than payment obligations) caused by events beyond its reasonable control, including weather, flood, hurricane, fire, crop failure, disease, epidemic, labor dispute, governmental action, utility or internet failure, or failure of a third-party service such as Square. DLH may suspend the Platform or deliveries during such an event.
4. 13.4Independent businesses. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, employment or fiduciary relationship between you and DLH, or between you and any other Member.
5. 13.5Assignment. You may not assign or transfer this Agreement or your account without DLH’s prior written consent. DLH may assign this Agreement to a successor to its business.
6. 13.6No third-party beneficiaries. This Agreement is for the benefit of you and DLH only and creates no rights in any other person, except that the persons indemnified under the Indemnification Section may enforce it.
7. 13.7Waiver. A party’s failure or delay in enforcing any provision of this Agreement is not a waiver of that provision or of the right to enforce it later. A waiver is effective only if in writing.
8. 13.8Severability. If any provision of this Agreement is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in full force.
9. 13.9Entire agreement. This Agreement, including the Privacy Notice, is the entire agreement between you and DLH about the Platform and supersedes all prior agreements, understandings and representations about it, written or oral. Terms on a purchase order, invoice or other document issued by a Member that conflict with this Agreement have no effect as between that Member and DLH.
10. 13.10Headings and interpretation. Headings are for convenience only. “Including” means “including without limitation”. In case of inconsistency between this Agreement and any translation or summary, this English text controls.
11. 13.11Electronic agreement. You agree that ticking the “I agree” box, signing in after notice of this Agreement, and the electronic records DLH keeps of those actions satisfy any requirement that this Agreement be in writing and signed, including under the federal Electronic Signatures in Global and National Commerce Act and the Florida Uniform Electronic Transaction Act.

14. Privacy Notice

1. 14.1Scope. This Privacy Notice explains what information DLH collects through the Platform, how it is used and shared, and the choices you have. It applies to Members and to the individuals who use the Platform on a Member’s behalf.
2. 14.2Information we collect. DLH collects:
   1. (a)account information: your organization’s name, contact name and contact details;
   2. (b)your claims and their status;
   3. (c)your sign-in code;
   4. (d)your message-board posts;
   5. (e)a log of sign-ins and actions on the Platform, with the date, time and internet (IP) address, used for security, rate-limiting and troubleshooting;
   6. (f)records of your acceptance of this Agreement, including the version accepted and when;
   7. (g)correspondence you send to DLH.
3. 14.3How we use it. DLH uses this information to operate the Platform; to process Orders, deliveries, payments and donations; to send transactional email (confirmations, invoices, payment and delivery notices, sign-in codes, board notifications and agreement updates); to keep accounting and tax records; to protect the security of the Platform and Members; to respond to a food-safety event; to comply with law; and to improve the Platform. DLH does not sell or rent Member information and does not use it for third-party advertising.
4. 14.4Who sees what on the Platform.
   1. (a)Buyers see your organization’s name when you claim their Surplus.
   2. (b)Your posts on the Food Banks board are seen by other Food Banks and DLH.
   3. (c)DLH staff and contractors see all information needed to operate the Platform, coordinate deliveries and keep the records.
   4. (d)No Member can see another Member’s email address, telephone number, sign-in code, payment records or balances through the Platform.
5. 14.5Service providers. DLH shares information with the providers that run the Platform, each of which processes it only to provide its service to DLH: Supabase, Inc. (database and file storage), Netlify, Inc. (hosting and functions), Resend, Inc. (transactional email), and Block, Inc. (Square) (payment processing). Card and bank-account numbers are entered on Square’s pages and are never seen or stored by DLH. DLH may also disclose information where required by law, legal process or governmental request; to enforce this Agreement; to protect the rights, property or safety of DLH, Members or the public; to address a food-safety event; or in connection with a sale, merger or reorganization of DLH’s business, in which case the successor will be bound by this Notice.
6. 14.6Security. DLH uses reasonable administrative and technical measures to protect Member information, including encrypted connections, encrypted storage of Square connection credentials, server-side-only access to the database, and rate-limiting of sign-in attempts. No system is completely secure, and you are responsible for keeping your sign-in code confidential.
7. 14.7Retention. DLH keeps Order, payment, invoice and donation records for as long as needed for accounting, tax and legal purposes, generally at least seven (7) years. Other account information is kept while your account is active and for a reasonable period after it closes. Message-board posts, including removed posts, are kept as part of the Platform’s records.
8. 14.8Your choices. You may update your contact details and sign-in code in the Platform at any time, and may ask DLH to correct inaccurate information. You may ask DLH to close your account; DLH will then stop displaying your information to other Members and will delete information it does not need to keep under the Retention clause. DLH does not use advertising cookies or trackers. The Platform stores only functional data in your browser (such as a remembered sign-in on this device or which tab was open), which you can clear through your browser.
9. 14.9Children. The Platform is for businesses and organizations and is not directed to anyone under 18. DLH does not knowingly collect information from children.
10. 14.10Changes to this Notice. DLH may update this Notice as described in the Changes to this Agreement clause. Material changes will be notified to Members by email or on the message boards.
11. 14.11Contact. Questions about this Notice or about your information may be sent to the DLH email address shown on your invoices and Order emails.

Version 2, effective October 17, 2026. Version 1 (October 16, 2026) is superseded in full.

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