San Diego Food Bank

End User License Agreement

END USER LICENSE AGREEMENT AND TERMS OF USE

Last Updated: August 11th, 2026

This End User License Agreement and Terms of Use (“Agreement”) governs access to and use of the Virtual Food Drive platform, including its websites, applications, fundraising pages, features, and related services (collectively, the “Platform”).

The Platform is owned by the Jacobs & Cushman San Diego Food Bank (“San Diego Food Bank,” “SDFB,” “we,” “us,” or “our”) and may also be made available for use by other participating food banks or nonprofit organizations (“Participating Organizations”).

This Agreement applies to all Platform users, including donors, campaign organizers, team participants, and visitors.

By accessing or using the Platform, creating or participating in a virtual food drive, making a donation, or otherwise using the Platform, you agree to this Agreement and our Privacy Policy. If you do not agree, do not use the Platform.

1. Purpose of the Platform

The Platform enables individuals, companies, schools, community organizations, teams, and other groups to create, participate in, and support virtual food drives and related charitable fundraising campaigns (“Campaigns”).

Depending on the Campaign and available functionality, users may be able to:

  • Create and manage Campaigns
  • Establish fundraising goals and dates
  • Customize Campaign descriptions and branding
  • Create or join teams
  • Participate in fundraising competitions
  • Select virtual food or other items representing donations
  • Make charitable contributions
  • Track Campaign and team progress
  • Participate in leaderboards
  • Generate or share Campaign links and QR codes
  • Share Campaigns through social channels
  • Receive Campaign-related communications
  • Access Campaign reports and results

2. Eligibility

You must be legally capable of entering into this Agreement to use the Platform.

If you use the Platform on behalf of a company, organization, school, team, or other entity, you represent that you have authority to act on its behalf with respect to your use of the Platform.

3. License to Use the Platform

Subject to this Agreement, SDFB grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Platform for its intended charitable fundraising and participation purposes.

This Agreement does not transfer ownership of the Platform or any underlying software, technology, intellectual property, designs, content, data, or systems to you.

4. User Accounts

Certain Platform features may require an account.

You agree to provide accurate information and maintain the security of your account credentials. You are responsible for activity conducted through your account.

You may not impersonate another person or organization or misrepresent your relationship with a company, nonprofit organization, food bank, team, or other entity.

PART I — DONATIONS AND DONORS

5. Donations

Donations initiated through the Platform may be processed through a separate donation form, payment processor, fundraising system, or other payment service.

By submitting a donation, you authorize the applicable charitable organization and payment provider to process the transaction according to the information you provide.

Donation receipts and information regarding tax deductibility will be provided by the charitable organization receiving the contribution or its payment provider, as applicable.

Unless otherwise required by law or expressly stated by the receiving organization, charitable donations are generally final and non-refundable.

6. Virtual Food and Other Items

The Platform may allow donors to “shop” for virtual representations of food, diapers, backpacks, or other items.

Unless expressly stated otherwise, these are not purchases of goods for the donor and selection of an item does not necessarily mean the receiving organization will purchase or distribute that exact item.

Virtual items may represent:

  • Suggested donation amounts
  • Approximate purchasing power
  • Examples of charitable impact
  • Campaign themes
  • Illustrations of how contributions may support the charitable mission

Photographs, prices, quantities, descriptions, and impact estimates are illustrative and may change.

Unless a Campaign expressly provides otherwise, donations may be used by the receiving charitable organization where needed most in furtherance of its charitable mission.

7. Anonymous Donations

The Platform may allow donors to choose to appear anonymously.

Selecting “Anonymous” means that the donor's identity will not intentionally be displayed publicly in connection with that donation.

It does not necessarily mean that SDFB, the Participating Organization, or applicable payment providers will not know the donor's identity.

Identifying information may still be collected or retained as necessary for:

  • Payment processing
  • Donation receipts
  • Financial records
  • Fraud prevention
  • Legal or regulatory requirements
  • Customer support
  • Platform administration

An anonymous contribution may still be included in Campaign totals, team totals, and leaderboards and may appear publicly as “Anonymous.”

8. Donation Processing and Corrections

Campaign totals and donation information may not update immediately.

SDFB or the applicable Participating Organization may correct transactions, Campaign totals, team totals, or leaderboard results to account for:

  • Refunds
  • Chargebacks
  • Duplicate transactions
  • Fraudulent transactions
  • Processing errors
  • Technical errors
  • Data corrections

9. Matching Contributions

Certain Campaigns may include matching contributions offered by companies, sponsors, or other organizations.

Match descriptions may include limits, deadlines, eligibility requirements, or other conditions.

Unless SDFB is expressly identified as providing a match, the organization offering the match is responsible for fulfilling its matching commitment.

PART II — CAMPAIGN ORGANIZERS

10. Organizer Role

A Campaign organizer (“Organizer”) is a person authorized to create, administer, or manage a Campaign through the Platform.

Creating or managing a Campaign does not create an employment, agency, partnership, joint venture, or other legal relationship between an Organizer and SDFB or a Participating Organization.

Unless expressly authorized in writing, an Organizer may not represent that they are an employee, representative, agent, or official spokesperson of SDFB.

11. Creating and Managing Campaigns

Depending on available functionality, Organizers may be permitted to configure:

  • Campaign name
  • Organization or company name
  • Campaign description
  • Logos and images
  • Fundraising goals
  • Start and end dates
  • Teams
  • Team names
  • Campaign messaging
  • Social sharing content
  • QR codes
  • Campaign themes
  • Competition settings
  • Other Campaign features

Organizers are responsible for ensuring that information submitted through their Campaign is accurate and appropriate.

12. Authority to Use Names, Logos, and Content

If an Organizer submits the name, trademark, logo, photograph, or other intellectual property of a company, school, organization, team, person, or other third party, the Organizer represents that they have appropriate permission to use it.

SDFB may remove or disable content if ownership or authorization is disputed.

13. Campaign Content

Organizers may not submit content that:

  • Is false or misleading
  • Infringes intellectual property or privacy rights
  • Is defamatory, threatening, or harassing
  • Promotes discrimination or hatred
  • Contains unlawful material
  • Contains malicious software or code
  • Misrepresents SDFB or another charitable organization
  • Misrepresents the beneficiary or purpose of a Campaign
  • Could reasonably damage the reputation or charitable mission of SDFB or a Participating Organization

SDFB reserves the right to remove inappropriate content or suspend a Campaign.

14. Ownership and Control of Donations

Donations made through a Campaign are charitable contributions to the charitable organization identified during the donation process.

Organizers do not own Campaign donations and may not withdraw, redirect, transfer, or personally receive donations unless expressly authorized by the receiving charitable organization.

Organizers may not promise that donations will be used for a particular purpose unless that restriction has been expressly authorized by the receiving organization.

15. Teams, Competitions, and Leaderboards

Organizers may establish teams and fundraising competitions when those features are available.

Leaderboards, Campaign totals, team rankings, and other statistics are engagement tools.

SDFB may correct totals and rankings to account for transaction processing, refunds, chargebacks, duplicate transactions, fraud, technical errors, or other corrections.

Platform records, after reasonable corrections, will control Platform-based competition results.

16. Donor Information and Privacy

Organizers must respect donor privacy preferences.

An Organizer's access to donor information does not grant permission to sell, disclose, publish, or use that information for unrelated purposes.

Organizers may use donor information only for authorized Campaign administration and communications and in accordance with applicable law, this Agreement, and the Privacy Policy.

Organizers may not publicly identify a donor who selected an anonymous option using information obtained through Organizer access or Campaign reporting.

17. Communications With Participants

The Platform may allow Organizers to communicate with Campaign participants or may automatically send Campaign-related communications.

Organizers are responsible for ensuring that communications they create are accurate, appropriate, and related to the Campaign.

Platform communication features may not be used for spam, unrelated commercial advertising, harassment, or unlawful solicitation.

18. QR Codes and Social Sharing

The Platform may generate Campaign links, QR codes, or preconfigured social-sharing content.

Organizers are responsible for where and how they distribute these materials.

Campaign links or QR codes may not be distributed in a deceptive manner or in a way that misrepresents the Campaign's beneficiary or purpose.

19. Campaign Reporting

Organizers may have access to Campaign reports containing fundraising totals, team performance, donation activity, or other information.

Reports may be preliminary and subject to adjustment.

Organizers must appropriately protect non-public information contained in Campaign reports.

20. Changes to Campaigns

The Platform may allow Organizers to change Campaign goals, dates, descriptions, or other settings.

SDFB may restrict certain changes after a Campaign begins when reasonably necessary to prevent donor confusion, maintain accurate records, or protect Platform integrity.

Organizers may not materially change a Campaign in a manner that misrepresents the Campaign donors originally agreed to support.

21. Campaign Completion

When a Campaign ends, the Platform may display final fundraising totals and team results and may send completion communications.

Final totals may remain subject to later adjustments for refunds, chargebacks, fraud, or transaction corrections.

PART III — RULES APPLICABLE TO ALL USERS

22. User Content

You may be permitted to submit names, logos, photographs, Campaign descriptions, comments, messages, and other materials (“User Content”).

You retain ownership of User Content you own.

By submitting User Content, you grant SDFB and the applicable Participating Organization a non-exclusive, worldwide, royalty-free license to host, reproduce, display, format, and use the content as reasonably necessary to operate, administer, display, and promote the applicable Campaign and Platform.

You represent that you have the rights and permissions necessary to submit your User Content.

23. Acceptable Use

You may not use the Platform to:

  • Engage in fraud or deception
  • Harass or threaten others
  • Submit false or misleading information
  • Access accounts, systems, or data without authorization
  • Introduce malware or malicious code
  • Circumvent security controls
  • Interfere with Platform operation
  • Manipulate donations, Campaign totals, or rankings
  • Harvest user information without authorization
  • Reverse engineer or copy the Platform except where permitted by law
  • Operate an unauthorized competing service using the Platform or its content
  • Raise funds for unauthorized personal or third-party purposes
  • Engage in unlawful activity
  • Otherwise misuse the Platform

24. Communications

Users may receive transactional or administrative communications relating to donations, accounts, Campaigns, security, or Platform administration.

Campaign organizers and participants may also receive Campaign progress, completion, or other Campaign-related communications.

Marketing communications will be handled in accordance with applicable law and communication preferences.

25. Privacy

Use of the Platform is subject to the Virtual Food Drive Privacy Policy, which explains how personal information, cookies, analytics, tracking technologies, and related data are handled.

26. Intellectual Property

The Platform, including its software, interfaces, functionality, designs, graphics, trademarks, logos, text, and other SDFB-provided content, is owned by or licensed to SDFB and protected by applicable intellectual property laws.

Except for the limited license provided under this Agreement, no rights in the Platform or SDFB intellectual property are transferred to users.

27. Third-Party Services

The Platform may integrate with third-party payment processors, donation systems, email services, social networks, analytics services, and other providers.

SDFB does not control those third-party services. Their use may be subject to separate terms and privacy policies.

28. Platform Availability and Changes

SDFB may modify, update, suspend, or discontinue Platform features from time to time.

We do not guarantee that the Platform will always be uninterrupted, error-free, secure, or available.

29. Suspension and Termination

SDFB may suspend or terminate accounts, Campaigns, or Platform access if we reasonably believe a user has violated this Agreement, created security or legal risk, misused the Platform, or engaged in conduct inconsistent with its charitable purposes.

30. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”

SDFB DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND OTHER WARRANTIES THAT MAY ARISE BY LAW OR COURSE OF DEALING.

SDFB DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE OR THAT CAMPAIGN STATISTICS, LEADERBOARDS, IMPACT ESTIMATES, OR OTHER INFORMATION WILL ALWAYS BE IMMEDIATELY ACCURATE.

Nothing in this Agreement excludes rights or warranties that cannot legally be excluded.

31. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SDFB, ITS AFFILIATES, PARTICIPATING ORGANIZATIONS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO USE OF THE PLATFORM.

Nothing in this Agreement limits liability that cannot legally be limited or excluded.

32. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless SDFB and its officers, directors, employees, agents, and affiliates from claims, damages, liabilities, and reasonable costs arising from your unlawful use of the Platform, violation of this Agreement, or User Content that infringes another person's rights.

33. Governing Law

This Agreement is governed by the laws of the State of California without regard to conflict-of-law principles.

Disputes arising from this Agreement or use of the Platform will be subject to the jurisdiction of the appropriate state or federal courts located in San Diego County, California, unless applicable law requires otherwise.

34. Changes to this Agreement

We may update this Agreement periodically to reflect changes to the Platform, our practices, or applicable law.

The Effective Date will be updated when changes are made, and additional notice of material changes will be provided when appropriate.

35. Severability

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in effect.

36. Entire Agreement

This Agreement, together with the Privacy Policy and any additional terms expressly presented for a particular service, constitutes the agreement governing your use of the Platform.

37. Contact Us

Questions regarding this Agreement may be directed to:

Jacobs & Cushman San Diego Food Bank

9850 Distribution Avenue

San Diego, California 92121

Email: virtual@sandiegofoodbank.org

Phone: 1-858-527-1419

BY ACCESSING OR USING THE VIRTUAL FOOD DRIVE PLATFORM, CREATING OR MANAGING A CAMPAIGN, OR MAKING A DONATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THIS AGREEMENT AND THE PRIVACY POLICY.