TERMS OF USE

Terms and Conditions of Use
Last updated: November 2, 2011

Welcome to the Habitat for Humanity – DeKalb website (the “Site”).  By accessing the Site, you agree to the following Terms and Conditions of Use and the Site’s Privacy Policy (to view our Privacy Policy click here). If you do not agree to any aspect of the Privacy Policy or to these Terms and Conditions, please do not use the Site.

We may attempt to notify you when changes are made to our Privacy Policy or these Terms and Conditions, you should periodically review the policies to see whether changes have been made and if you agree to the changes.  We may modify or revise the Privacy Policy and these Terms and Conditions at any time, and your continued use of the Site indicates your acceptance of the changes.  Habitat for Humanity – DeKalb may post notice of the revision on the Site’s homepage or email you notice if you have provided one.   

 

Website Content

All materials at the Site are either licensed for use by Habitat for Humanity – DeKalb or are the copyrighted property of Habitat for Humanity – DeKalb unless otherwise attributed, and are protected by national and international laws. DeKalb Habitat Content may be accessed, downloaded, printed, or transmitted only for personal, non-commercial use. DeKalb Habitat Content may not be used or redistributed for commercial purposes.   Any attempt to modify any Habitat for Humanity – DeKalb content or to defeat or circumvent the Site’s technical security measures without the prior express written permission of Habitat for Humanity – DeKalb is prohibited.

 

Habitat for Humanity – DeKalb reserves the right to remove any or all Content, user-submitted content, and other content related to the Site at any time without prior notice. Further, Habitat for Humanity – DeKalb reserves the right to deny Site access to any user at any time without any prior notice for violation of these Terms and Conditions.

Trademarks

 

Some trademarks featured on the Site, including without limitation “HABITAT FOR HUMANITY”, are trademarks or registered trademarks of Habitat for Humanity International, Inc. The names of other actual companies mentioned or products and services mentioned may be the trademarks of their respective owners. You may not use any trademark or registered trademark found on the Site without the prior express written permission of the trademark’s rightful owner. All rights are reserved.

Website Use

You agree not to use the Site to:

 

            ·        Upload, post, email, transmit, or otherwise make available any material or content:

o   That is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

o   That you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary information, and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements); or

o   That infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

o   that may be deemed to be lobbying or electioneering communications within the meaning of applicable federal law;

·        Harm minors in any way;

·        Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

·        Post any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

·        Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

·        Interfere with or disrupt the Site or servers or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;

·        Launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the website in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;

o   Notwithstanding the foregoing, Habitat for Humanity – DeKalb grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Habitat for Humanity – DeKalb reserves the right to revoke these exceptions either generally or in specific cases.

·        Violate any applicable local, state, national, or international law, intentionally or unintentionally;

·        Stalk or otherwise harass another; and/or

·        Collect or store personal data about users.

No Professional Advice

We are not providing counseling, financial, legal, or other professional advice or services of any kind through the Site.

 

Disclaimer of Warranties

To the fullest extent permitted by law, Habitat for Humanity – DeKalb, its affiliates, officers, directors, employees, trustees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof.  You agree that your use of the website is at your sole risk.  Habitat for Humanity – DeKalb makes no warranties or representations about the accuracy or completeness of the Site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any:

·        Errors, mistakes, or inaccuracies of content;

·        Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;

·        Unauthorized access to or use of Habitat for Humanity – DeKalb‘s secure servers and/or any and all personal information and/or financial information stored therein;

·        Interruption or cessation of transmission to or from the Site;

·        Bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party; and/or

·        Loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.

Limitation of Liability

Habitat for Humanity – DeKalb, its affiliates, officers, directors, employees, trustees, and agents will not be liable for any damages or injury that accompany or result from your use of this site.  You agree that your use of the Site is undertaken at your own risk, and you agree not to sue Habitat for Humanity – DeKalb for any remedies whatsoever stemming from your use of the Site. In no event shall Habitat for Humanity – DeKalb, its affiliates, officers, directors, employees, trustees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

·        Errors, mistakes, or inaccuracies of content;

·        Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website;

·        Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

·        Interruption or cessation of transmission to or from our website;

·        Bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party; and/or

·        Loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Habitat for Humanity – DeKalb is advised of the possibility of such damages.

The foregoing limitation of liability will apply to the extent permitted by law in the applicable jurisdiction, and this disclaimer is intended to disclaim negligence wherever permissible by law. 

The Site is controlled and offered by Habitat for Humanity – DeKalb from its facilities in the United States of America. Habitat for Humanity – DeKalb makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own risk, according to their own volition, and are responsible for compliance with local law.

Certain state laws may not allow Habitat for Humanity – DeKalb to limit or exclude liability for incidental or consequential damages. If you live in a state where laws in some cases prohibit limitation or exclusion of incidental or consequential damages, some or all of the above limitation arguably may not apply to you. But, in any event, Habitat for Humanity – DeKalb‘s liability to you for any and all losses, damages, injuries, and claims of any kind will not be greater than the amount you paid to access the Site.

Linked Sites, Including Linked Volunteer or Donation Management Sites

 

Any non-Habitat for Humanity – DeKalb websites which are linked to or from the Site (“Linked Sites”), including but not limited to volunteer or donation management sites administered by third parties, are independently operated and managed by entities or individuals other than Habitat for Humanity – DeKalb. Linked Sites are not under the control and/or supervision of Habitat for Humanity – DeKalb, and Habitat for Humanity – DeKalb does not warrant or guarantee the contents of Linked Sites. You agree not to hold Habitat for Humanity – DeKalb, its affiliates, officers, directors, employees, trustees, or agents responsible for the content or operation of any and all Linked Sites, including volunteer or donation management sites administered by third parties.

 

A hyperlink from the Site to another website does not imply or mean that Habitat for Humanity – DeKalb endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may or should use any content located at any other websites to which you might link from the Site. When you use Linked Sites, you do so at your own risk, and you should read the terms of use of each Linked Site. Habitat for Humanity – DeKalb, its affiliates, officers, directors, employees, trustees, and agents assume no responsibility for contents provided by Linked Sites or any damage caused by your use of Linked Sites.

Indemnity

 

You agree to indemnify and hold harmless Habitat for Humanity – DeKalb, its affiliates, related parties, officers, directors, employees, trustees, agents independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with the Site or service, your submission of content, your violation of any applicable law or these Terms and Conditions of Use, or any other violation of the rights of another person or party.

Miscellaneous

The above Terms and Conditions will be governed by the law of the State of Georgia, U.S.A, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this site shall be filed only in the state or federal courts located in Atlanta, Georgia.

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Habitat for Humanity – DeKalb without restriction.

You and Habitat for Humanity – DeKalb agree that any claim or cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such claim or cause of action is permanently barred.

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.

If you have comments or questions, please contact us at:

Habitat for Humanity – DeKalb, Inc.
P.O. Box 403,

Tucker, GA 30085
Phone: 770-270-6813
Fax: 770-270-6817