Terms of Use

Welcome to MitchellCountySafePlace.org operated by the 501(c)3 non-profit Mitchell County SafePlace ("Operator(s)" or "we" or "us" or "our"). By using our Websites (defined to include all properties - mobile, web or otherwise - owned and operated by Operators), related data, and features (known as the "services"), you (“You” or “Your) agree to be bound by the following terms of use ("Terms").

These Terms are effective as of January 1, 2020 for all users of our Websites and govern your access to and use of the Websites that link to or reference these Terms. By accessing or using the Website, you are agreeing to these Terms. Do not access or use the Website if you are unwilling or unable to be bound by the Terms.

Definitions

  • "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication.

  • "Your Content" means Content that you submit or transmit to, through, or in connection with the Website, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile.

  • "User Content" means Content that users submit or transmit to, through, or in connection with the Website.

  • "Our Content" means Content that we create and make available in connection with the Website.

  • "Third Party Content" means Content that originates from parties other than us or our users, which is made available in connection with the Website.

  • "Site Content" means all of the Content that is made available in connection with the Website, including Your Content, User Content, Third Party Content, and Our Content.

 
Changes to the Terms of Service

We may modify the Terms from time to time. You understand and agree that your access to or use of the Website is governed by the Terms effective at the time of your access to or use of the Website. If we make material changes to these Terms, we may notify you by email or by posting a notice on the Website prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Website after the effective date of modifications to the Terms indicates your acceptance of the modifications.

Using the Website

Eligibility: To access or use the Website, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Website if you are a competitor of ours, have intentions of collecting or utilizing our Content for your own purposes or if we have previously banned you from the Website or closed your account.

Permission to Use the Website: We grant you permission to use the Website subject to the restrictions in these Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

Medical Recommendations: Under no circumstances does this Website or its owners claim to be providing medical information, diagnosis or treatment, nor do we support or endorse any of the medical, health or social service providers listed on this website or their personal or professional qualifications. Further, we do not moderate User Content or Your Content posted on the Website and the content expressed by such persons are the opinions and beliefs of the user(s) who published them and not those of this Website. Use this Website and interpret the user reviews using your own best judgment and at your own risk.

Site Availability: The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

Restrictions

You agree not to, and will not assist, encourage, or enable others to use the Website to:

  • Violate our content guidelines including writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;

  • Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

  • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

  • Promote a business or other commercial venture or event, or otherwise use the Website for commercial purposes, except in connection with the business services provided by us;

  • Collect, or attempt to collect, any portion of the Content or data shared on the Website;

  • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Website's search results or any third party website; or

  • Violate any applicable law.

 

You also agree not to, and will not assist, encourage, or enable others to:

  • Violate the Terms;

  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or Website Content (other than Your Content), except as expressly authorized by us;

  • Use any robot, spider, Website search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Website or any Website Content;

  • Reverse engineer any portion of the Website;

  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;

  • Record, process, or mine information about other users;

  • Access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews;

  • Reformat or frame any portion of the Website;

  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Website;

  • Attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means;

  • Use the Website or any Website Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");

  • Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;

  • Use the Website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Website or Website Content; or

  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.

 
Suggestions and Improvements

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against OPERATOR and its users any claims and assertions of any moral rights contained in such Feedback.

 
Third Party Websites

The Website may include links to other websites or applications (each, a "Third Party Website"). We do not control or endorse any Third Party Website. You agree that we are not responsible for the availability or contents of such Third Party Websites. Your use of Third Party Websites is at your own risk.

Indemnity

You agree to indemnify, defend, and hold Operators, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Operator Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Website, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Website, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Operator. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 
Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE OPERATOR ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE Website. BY ACCESSING OR USING THE Website, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

  • THE Website IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE OPERATOR ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE Website IS AT YOUR OWN DISCRETION AND RISK. THE OPERATOR ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE Website, ITS SAFETY OR SECURITY, OR THE Website CONTENT. ACCORDINGLY, THE OPERATOR ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE Website'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS, METRICS OR REVIEW FILTER FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE Website.
     

  • THE OPERATOR ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE Website OR THE Website'S USERS. ACCORDINGLY, THE OPERATOR ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE Website. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE Website IS AT YOUR OWN DISCRETION AND RISK.
     

  • THE OPERATOR ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE Website, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE OPERATOR ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
     

  • YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE Website, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE Website.
     

  • THE OPERATOR ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE Website OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE OPERATOR ENTITIES IN CONNECTION WITH THE Website IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
     

  • THE OPERATOR ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

 
Choice of Law and Venue

North Carolina law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Operator (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN MITCHELL COUNTY, NORTH CAROLINA.

 
General Terms

  • We reserve the right to modify, update, or discontinue the Website at our sole discretion, at any time, for any or no reason, and without notice or liability.

  • We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Website.

  • The Terms contain the entire agreement between you and us regarding the use of the Website, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

  • Any failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  • If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

  • The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

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