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Agreement to Terms
Cedar Valley Habitat for Humanity ("HFH") provides
access and use of this site ("Site") subject to your
agreement to the following "Terms of Use" (the "Terms").
Please read these Terms carefully before accessing or
using the Site. By accessing or using the Site, you
agree to be bound by these Terms.
The Terms, as well as the Site (and information
contained within the Site) may be updated or revised
from time to time without notice to you. You agree to
periodically review these Terms, and your continued
access to or use of the Site shall constitute your
acceptance of the updated or revised Terms.
Contact Information
If asked to provide your e-mail address during your use
of the site, please provide an accurate and complete
e-mail address. We may also ask for other personal
information on our site in order to provide you with
volunteer opportunities.
Use of Information and Services
Third parties may be linked to, or may provide certain
information displayed on the Site. Although HFH believes
that such information comes from trustworthy sources,
the third-party information is not necessarily
sponsored, endorsed, recommended, or licensed by HFH.
You should directly contact the third parties and/or
their references for the most accurate information.
Advice
Neither HFH nor its information sources or users are
engaged in giving legal, medical, counseling or other
professional services or advice in this Site.
No Liability
Under no circumstances will HFH be liable for any
consequence relating directly or indirectly to any
action or inaction you take based on the information,
services or other material on the Site. While HFH will
attempt to keep its Site current, accurate, and
complete, HFH and its suppliers cannot guarantee, and
will not be responsible for any damage or loss related
to, the timeliness, accuracy, or completeness of the
information, services, or other material on the Site.
Site Conduct
When using the Site, you agree to abide by the following
rules: (a) you may not post or transmit content
(information, data, text, software, graphics, sound,
photographs, video, messages, etc.) ("Content") that is
unlawful, harassing, libelous, defamatory, obscene,
fraudulent, harmful, threatening, abusive, hateful, that
violates the property rights of others (including
without limitation infringing use of a copyright or
trademark), that violates the privacy or publicity right
of others, or are otherwise objectionable; (b) you may
not interfere with others' use of the Site; (c) you may
not use the Site to conduct any activity that is illegal
or that violates the rights of others; (d) you may not
use the Site to advertise or sell products or services
to others; (e) you may not impersonate any person or
entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity; (f) you may not
post or transmit Content that you do not have a right to
transmit under any law or under contractual or fiduciary
relationship (such as inside information, confidential
information, etc.); (g) you may not post Content to the
Site unless the Content is freely owned by you or used
with the permission of all other persons with any rights
in the Content; and (h) you may not use the Site to
collect or store personal data about other users.
Removal of Content
HFH does not do a prior review of Content posted by any
party other than HFH and has no responsibility for
Content posted by any party other than HFH to the Site.
However, HFH reserves the right in its sole discretion
to delete any Content submitted to or appearing on the
Site. Message boards, "chat rooms" and/or other
information sharing locations on the Site may contain
the opinions and views of other users. HFH is not
responsible for the accuracy of any messages or postings
on the Site. If you believe that any Content posted on
the Site is infringing, defamatory or otherwise violate
the letter or spirit of these Terms, please contact HFH
immediately.
Submission of Content
If you submit Content to the Site, you grant to HFH, or
warrant that the owner of such Content has expressly
granted to HFH, a world-wide, royalty-free, perpetual,
irrevocable, transferable, non-exclusive and fully
sublicense right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from,
distribute, perform and display such Content (in whole
or part) and to incorporate such Content in other works
in any form, media, or technology now known or later
developed.
Internet Links
The Site may provide, or third parties may provide,
links to other Internet sites. HFH has no control over
such sites; HFH does not endorse, and is not responsible
for, any such sites or the information, material,
products or services contained on or accessible through
those sites. You acknowledge that HFH shall not be
responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in
connection with use of or reliance upon any such
information, material, products, or services.
Online Credit Card Transactions
Per Visa and MasterCard regulations refunds of donations
by credit card will be considered on a case by case
basis.
Third Parties
Your correspondence or business transactions with, or
participation in promotions of, third parties found on,
or e-commerce through, the Site and any other terms,
conditions, warranties or representations associated
with such dealings, are solely between you and such
third party. You agree that HFH shall not be responsible
or liable for any loss or damage of any sort incurred as
the result of any such transactions or as the result of
the presence of such third parties on the Site.
Indemnification
You agree to indemnify, defend and hold harmless HFH,
its affiliates, governing board, officers, agents,
employees, partners, and suppliers from any liability,
loss, claim, demand, and expense (including reasonable
attorneys' fees) related to (a) your use of the Site;
(b) your violation of these Terms; or (c) your posting
of Content to the site.
Modifications to Site
HFH reserves the right to, from time to time,
discontinue, temporarily or permanently, the
information, services, products, and/or other Content on
the Site with or without notice.
Use and Storage of Content on the Site
HFH may establish general practices and limits
concerning the use of the Site, including without
limitation, the maximum number of days that Content will
be available on, or retained by, the Site. HFH, in its
sole discretion, reserves the right to change these
general practices and limits at any time.
Ownership of Content
All information on the Site, as well as the organization
and layout of the site, other than Content posted by
you, is owned and copyrighted by HFH or its suppliers or
other Site users. Except as expressly authorized by HFH,
you may not copy, distribute, resell, display,
sublicense or create derivative works based on any such
information from the Site, in whole or in part.
Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE, AND
ALL INFORMATION AND CONTENT ON THIS SITE, IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. HFH AND ITS
INFORMATION SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED
WARRANTIES WITH REGARD TO THE SITE AND ALL INFORMATION,
SERVICES, AND MATERIALS CONTAINED ON THE SITE, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. HFH MAKES NO WARRANTY THAT: (a) THE
SITE WILL MEET YOUR REQUIREMENTS OR THAT THE RESULTS
THAT MAY BE OBTAINED FROM THE SITE WILL BE SATISFACTORY;
(b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND;
(d) ANY ERRORS IN THE SITE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM HFH OR HROUGH THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
IN NO EVENT SHALL HFH OR ITS AFFILIATES, GOVERNING
BOARD, OFFICERS, AGENTS, EMPLOYEES, PARTNERS OR
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS,
DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED
ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO GOODS OR
SERVICES PURCHASED DIRECTLY FROM HFH THROUGH THE SITE,
HFH'S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO
REPLACEMENT OF DEFECTIVE GOODS, OR, AT HFH'S ELECTION,
TO THE REPAYMENT OR CREDITING TO YOU OF AN AMOUNT EQUAL
TO THE PURCHASE PRICE OF THE GOODS. YOU ACKNOWLEDGE AND
AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND THE SITE
WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
If any jurisdictions do not allow the foregoing
limitations of liability, the foregoing limitations may
not apply to you.
Termination
HFH may, in its sole discretion, with or without notice,
suspend or terminate your use of this Site, and remove
and discard any Content on the Site, for any reason,
including, without limitation if you violate these
Terms. HFH may also bar you from any future access to
the Site. HFH will not be liable to you for any such
suspension, termination or prohibition on future access.
Should you object to any subsequent modifications of the
terms and conditions of these Terms, your sole recourse
will be to immediately notify HFH of your termination of
these Terms, which termination will be effective
immediately. To the extent permitted by applicable law,
the terms and conditions of these Terms will survive any
termination of these Terms.
Notices
Any notices to you by HFH can be made by either e-mail,
regular mail, or telephone.
General Provisions
These Terms constitute the entire agreement between you
and HFH and govern your use of the Site, superseding any
prior agreements between you and HFH regarding the Site
(including, but not limited to, any prior versions of
these Terms). These Terms and the resolution of any
dispute related to these Terms or the Site shall be
governed by and construed in accordance with the laws of
the State we are located in, without giving effect to
any principles of conflicts of law. HFH's failure to
insist upon strict enforcement of any provision of these
Terms shall not be construed as a waiver of any
provision or right. If any provision of these Terms is
held to be invalid or unenforceable, the remaining
provisions of these Terms will be enforced in accordance
with their terms. The section headings in these Terms
are for convenience only and have no legal or
contractual effect. Regardless of any statute or law to
the contrary, you hereby waive your right to bring any
claim against HFH more than 1 year after such claim
first arose.
Arbitration
Any controversy or claim arising out of or relating to
these Terms will be settled by binding arbitration in
accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy
or claim will be arbitrated on an individual basis, and
will not be consolidated in any arbitration with any
claim or controversy of any other party. You consent to
the arbitration being conducted at a location selected
by HFH within the State we are located in. Judgment on
the arbitration award may be entered in any court having
jurisdiction thereof. Either you or HFH may seek any
interim or preliminary equitable relief from a court of
competent jurisdiction in as necessary to protect the
rights or property of you or HFH pending the completion
of arbitration.
Privacy Policy
HFH is committed to respecting the privacy of online
visitors and pledges its best efforts to that end. In
general, you can visit HFH on the Web without telling us
who you are or revealing anything about yourself.
Our Web server automatically recognizes each
visitor's domain name, but does not automatically
collect personally identifiable information. There are
times, however, such as when you place a product order
or register for an event, that we will collect specific
information. If you choose to provide personally
identifiable data, you may receive future information
from us--by mail, electronically or by
telephone--advising you of upcoming HFH events,
services, new products, or volunteer and support
opportunities. If you do not wish to be contacted with
such information, please let us know by writing or
sending e-mail to the addresses listed on the Contact Us
Web Page
A "cookie" is a small piece of data stored on your
computer's hard drive when you visit our Web site. HFH
uses cookies to analyze our Web site's overall traffic
patterns and improve our visitors' online experience. We
do not use cookies to store or collect any personal
information. Many browsers provide an option to block or
remove cookies. You can visit our website successfully
while blocking cookies, but leaving cookies enabled in
your browser will help us to improve our site's
usability and effectiveness. Some areas of our online
volunteer registration, orientation, and other areas
require the use of cookies in order to maintain the
security of your information, and allow you to go from
one page to the next without entering your information
multiple times.
In order to provide a more comprehensive and useful
site, the HFH Web site contains links to other Web
sites. HFH is not responsible for the privacy practices
of these sites.
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