Acceptance of Terms of Use

This Terms of Use Agreement (the “Agreement”) states the terms and conditions under which you may use this web site (the “Site”). Please read the Agreement carefully. The Site contains various information relating to North Fulton Community Charities, Inc. (“NFCC”) in the form of text, graphics, news, reports, and other materials (tangible or intangible) (“Content”). By accessing, browsing and/or using the Site you acknowledge that you have read, understood, and agree to be legally bound by the Agreement. If you do not accept the Agreement (and therefore do not agree to be bound by the Agreement), do not use the Site. NFCC reserves the right to amend the Agreement at any time by posting the amended terms on the Site.

Restrictions on Use of Materials

You acknowledge that the Site contains Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of NFCC or any other party (each a “Contributor”) who has been involved in the preparation or publication of the Content. You shall at no time assert any claims of ownership over any content by reason of your use of or any right to use the Site and shall not grant or create or suffer to exist any lien or other security interest arising therefrom. You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content.

You agree to use the Content and the Site only for lawful purposes. You are prohibited from any use of the Content or the Site that would constitute an illegal offense, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation.

Contributions of Materials

NFCC does not claim ownership of the materials you provide to the Site or its associated services (collectively “Submissions”) with the exception of rights assigned in writing to NFCC. However, by posting, uploading, inputting, providing or submitting your Submission you are granting NFCC, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of NFCC activities (including, without limitation, offline activities, Internet businesses, and educational activities), including the rights to, without limitation, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. These provisions apply whether your Submission is made independently or at the request of NFCC.

No compensation will be paid with respect to the use of your Submission as provided herein. NFCC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in NFCC ‘s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).    You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

NFCC has no obligation to monitor the Communication Services. However, NFCC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. NFCC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

NFCC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NFCC’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. NFCC does not control or endorse the content, messages or information found in any Communication Service and, therefore, NFCC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NFCC spokespersons, and their views do not necessarily reflect those of NFCC.

Age Restriction

No person under 13 years of age shall provide any personal information to NFCC via the Site or using any form, mailing address, or email address obtained at the Site.

Links to Other Sites

As a convenience to you, the Site provides links to third-party websites of entities, organizations, and persons with whom NFCC may or may not associate from time to time (“Third-Party Sites”) where we believe you will find such information useful or of interest. While NFCC tries to provide accurate and quality information, our decision to link to a Third-Party Site is not an endorsement of the content in the linked Third-Party Site. NFCC IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY WEB SITE, NOR DOES NFCC MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD-PARTY WEB SITES, AND NFCC SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. You should take precautions when downloading files from this and all Third-Party Sites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party Sites, you do so at your own risk. Once you click on a link connecting you to a Third-Party Site, your use of that site and the collection and use of your personal information at the site will be governed by the Third-Party Site’s terms of use and/or privacy policy, and not by the Terms of Use and/or Privacy Policy of this Site. You should direct any concerns regarding the Third-Party Site to the Third-Party Sites’ administrator or webmaster.

DISCLAIMER OF WARRANTY

THE CONTENT PROVIDED ON THE SITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NFCC IS NOT A COUNSELING AGENCY AND DOES NOT PROVIDE COUNSELING SERVICES. NO INFORMATION PRESENTED ON THE SITE CONSTITUTES LEGAL, FINANCIAL OR MEDICAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT, DOCTOR-PATIENT, FIDUCIARY, OR COUNSELING RELATIONSHIP BETWEEN NFCC AND ANY OTHER PARTY. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF NFCC, ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “NFCC PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.

NONE OF NFCC PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER, OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

NONE OF NFCC PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF NFCC PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY OF NFCC PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED FROM THIRD PARTY SITES TO WHICH THIS SITE IS LINKED OR SERVICE PROVIDERS IDENTIFIED ON THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY RESOURCE, ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE SITE.

IN NO EVENT SHALL ANY OF NFCC PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT, SERVICE, OR THE AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS NFCC PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

No Framing Allowed

You may not copy or imitate the Site in whole or in part by any means, including but not limited to, the use of framing or mirrors.

Copyright Complaints

The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is Barbara Duffy, Executive Director, North Fulton Community Charities, 1270 Elkins Rd, Roswell GA 30076.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.  No right or license is granted or may be implied permitting your use of any trademark or service mark of NFCC.

Termination

NFCC reserves the right, in its sole discretion, to restrict, suspend, or terminate the Agreement and your access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. NFCC reserves the right to change, suspend, or discontinue all or any part of the Site or the content at any time without prior notice or liability.

User Must Comply with Applicable Laws

The Site is based in the State of Georgia.   You agree to use the Content and the Site only for lawful purposes. You are prohibited from any use of the Content or the Site that would constitute an illegal offense, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation. NFCC makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States. If you access the Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Miscellaneous

In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement. NFCC’s failure to enforce your strict performance of any provision of the Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of the Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, except with regard to its conflicts of law rules. Any action relating to the Content, Site or the Agreement must be brought in the federal or state courts located in the metropolitan Atlanta area, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the Content, Site or the Agreement must be commenced within one (1) year after the claim or cause of action arose, or is barred. The Agreement contains the entire agreement of the parties for the Site and supersedes all existing agreements and all other oral, written, or other communication between the parties concerning its subject matter.

Adopted by the Board April 23, 2014