Terms of Service
LoveTuolumneCounty.org is a non-profit organization (the “Services”) operated under the 501(3)C certification of Sierra Bible Church., a registered 501(c)3 non-profit organization (the “Company”). By accessing or using any of the Services, websites and/or mobile applications associated with or provided through the Company, you expressly agree to be bound by the following terms and conditions of these Terms of Services. If User does not agree to accept and abide by these Terms and Conditions of Use, do not use the Site.
Company may modify these Terms of Services at any time, and such modification will be effective immediately upon either posting of the modified Terms of Services or notifying you by other means. Continued use of the Site after any such revision or modification constitutes User’s acceptance of the Terms and Conditions of Use as so revised or modified.
IF YOU DO NOT AGREE TO ABIDE UNCONDITIONALLY TO THE TERMS OF THIS AGREEMENT, YOU SHALL NOT HAVE RIGHT TO ACCESS OR USE THE COMPANY’S SERVICES. USE OF THE COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. THESE TERMS SHOULD BE READ IN CONJUNCTION WITH THE COMPANY’S PRIVATE POLICY.
a. Registration: Certain features or services offered on or through the Site and Application may require you to open an account and set up a proﬁle, providing certain personally-identiﬁable information, including but not limited to your name, email address, cell phone number, and personal address (your “Client Information”). We reserve the right to restrict certain areas of information on the Site and Application to such registered users. You agree that you will maintain and promptly update your Client Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your account and refuse any and all current or future use of the Site and/or Application by you.
b. When you complete an account with the Company, you warrant:
i. you are over the age of 18 years,
ii. your registration information is accurate and complete,
iiii. you acceptance of these Terms of Service does not violate or conflict with any applicable law, contract, or obligation to which you are a party or are otherwise bound,
v. you will maintain accuracy of this information,
c. If you open an account on behalf of a company, non-profit organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
d. If you make any requests for goods and / or services on the Love Our Neighbors platform, you acknowledge these requests may or may not be fulfilled. Love Our Neighbors is under no obligation to fulfill these requests, nor will Love Our Neighbors, nor its volunteers, be held responsible for any issue arising from you receiving any donated goods and / or services.
2. User Content
a. As part of using our Services, you may provide content, including but not limited to: comments, posts, videos, photos, etc. which may be used by the Company and may be visible to other Users. You will retain all rights to content you post and content will be collectively considered “User Content.”
b. Company hereby is and will be granted a non-exclusive, transferable (only to a successor), irrevocable, perpetual, royalty-free, worldwide right to use User Content solely for the purpose of providing the Company’s Services. The Company will not be responsible for any errors or omissions, or guarantee the authenticity of data, information, or identity of any User Content.
c. You agree to abide to all applicable U.S. Copyright laws and will not submit User Content not owned by you unless you have express written consent of the respective owner. Further, you agree not to contribute User Content that: (i) violates any laws, (ii) is harmful, threatening, vulgar, abusive or deemed objectionable, (iii) jeopardizes the security of your account or another person.
d. We reserve the right to remove or modify User Content for any reason whatsoever.
e. In no way will the Company be liable for any damage of any kind incurred from the use of User Content via the Company’s Services.
3. User Materials:
4. Account Info:
5. Proprietary Rights:
The entire contents of the Services (including all contents contained therein) are copyrighted as a collective work under the laws of United States and other copyright laws. Company holds the copyright in the collective work. The collective work includes works that are the property of the information providers which are also protected by copyright and other intellectual property laws. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Services. You may not use any Company logo or any other proprietary graphic or trademark without Company’s express written permission; nor should you use any participating retailer or charitable organizations logo or graphics without their express permission.
6. Third-Party Content:
The Company acknowledges its Services contain links to Third-Party sites not controlled by the Company. If you do access a Third-Party site, you do so at your own risk and agree the Company has no liability arising from you accessing content from a Third-Party, including how Third-Party utilizes funds donated by User through Company’s Site.
The Company reserves the right to terminate your account for any reason, including breach of any terms contained in this Agreement.
If you provide the Company with any feedback or suggestions regarding the Company’s Services, you hereby grant the Company an unlimited, worldwide, royalty-free, and irrevocable license to use, distribute, create derivative works of, or otherwise exploit such feedback in any manner.
You agree to indemnify and hold harmless the Company and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
10. Warranty and Disclaimer:
The Company has no fiduciary responsibility to you.
THE SERVICES PROVIDED BY THE COMPANY ARE PROVIDED “AS IS” AND THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (THE “COMPANY’S PARTIES”), MAKE NO WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE. THE COMPANY’S PARTIES EXPRESSLY DISCLAIM ANY OBLIGATION OR LIABILITY FOR THE LOSS OF TIME, INCONVENIENCES, COMMERCIAL LOSS OR ANY OTHER INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES AS A RESULT OF THE SERVICES OR THE USE THEREOF.
While we do our best to remove harmful and inaccurate information, the Company will not responsible or liable for any content in our Services that are offensive, inappropriate, in-accurate, or not in compliance with Copyright or Intellectual Property laws. The Company makes no representations or warranties regarding suggestions or recommendations for products or services from Third-Parties offered or purchased through the Company’s services.
The parties agree that any dispute arising out of this Agreement shall be resolved through arbitration in accordance with the then current Rules of Commercial Arbitration of the International Chamber of Commerce or any successor organization (the "ICC"). The party desiring to initiate the arbitration process shall give written notice to that effect to the other party and shall, in such written notice, include a brief statement of its claims. Within thirty (30) days of the notice of intent to arbitrate, the parties shall meet for the purpose of attempting to jointly select a single arbitrator to serve in the matter. If they are unable to agree on the designation of the arbitrator, either party may apply to the ICC for the appointment of a single arbitrator in accordance with the rules of the ICC then in effect. The arbitration proceeding shall be held within 60 days of the appointment of the arbitrator and the arbitrator shall render his or her decision within 30 days after the conclusion of the arbitration proceeding. The decision of the arbitrator shall be final and binding upon, and non-appealable by, the parties and any judgment may be had on the decision and award so rendered in any court of competent jurisdiction. The prevailing party shall be entitled to all costs incurred in connection with the arbitration proceeding, including the fees of the arbitrator, its reasonable attorneys' fees, witness fees and other costs as determined by the arbitrator.
12. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California, except to the extent governed by United States. Both parties agree to jurisdiction of a state court location in Stanislaus County, California, or the United States District Court for the Northern District of California.
13. General Terms
a. Assignment: All of the Terms outlined in this agreement may not be assigned by you but may be assigned by the Company without restriction.
b. Headings; Severability; Non-Waiver. The Agreement headings are for convenience only and do not have legal significance. If any Agreement provision is deemed void, invalid or unenforceable by any court of competent jurisdiction, such provision shall be stricken from this Agreement without effect on the remaining provisions of the Agreement as a whole. A Party’s failure or delay in enforcing any provision or right under this Agreement shall not constitute a waiver of such provision or right, nor shall it be deemed to be a waiver of any other term or condition of this Agreement.
c. Change of Terms: We are constantly trying to improve our Services, so this Agreement may need to change along with the Services. We reserve the right to modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Website or in our applications, or by sending you a notice via email. You will be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. The most updated version of the Terms of Service can always be found at www.LoveTuolumneCounty.org.
d. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes and replaces all prior or contemporaneous agreements, written or oral, regarding its subject matter.
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Last Updated: March 31, 2020