Terms and Conditions
Agreement betweenUser and appalachiancommunityrelief.com
Welcome to appalachiancommunityrelief.com. Theappalachiancommunityrelief.com website (the "Site") is comprised of various web pages operated by Appalachian Community Relief ("ACR").appalachiancommunityrelief.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein(the "Terms"). Your use of appalachiancommunityrelief.com constitutesyour agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
appalachiancommunityrelief.com is a Non-Profit Site.
To promote our nonprofit and raise funds for it
Privacy
Your use of appalachiancommunityrelief.com is subject toACR's Privacy Policy. Please review our Privacy Policy, which also governs theSite and informs users of our data collection practices.
ElectronicCommunications
Visiting appalachiancommunityrelief.com or sending emails toACR constitutes electronic communications. You consent to receive electroniccommunications and you agree that all agreements, notices, disclosures andother communications that we provide to you electronically, via email and onthe Site, satisfy any legal requirement that such communications be in writing.
Children UnderThirteen
ACR does not knowingly collect, either online or offline,personal information from persons under the age of thirteen. If you are under18, you may use appalachiancommunityrelief.com only with permission of a parentor guardian.
Links to Third PartySites/Third Party Services
appalachiancommunityrelief.com may contain links to otherwebsites ("Linked Sites"). The Linked Sites are not under the controlof ACR and ACR is not responsible for the contents of any Linked Site,including without limitation any link contained in a Linked Site, or anychanges or updates to a Linked Site. ACR is providing these links to you onlyas a convenience, and the inclusion of any link does not imply endorsement byACR of the site or any association with its operators.
Certain services made available viaappalachiancommunityrelief.com are delivered by third party sites andorganizations. By using any product, service or functionality originating fromthe appalachiancommunityrelief.com domain, you hereby acknowledge and consentthat ACR may share such information and data with any third party with whom ACRhas a contractual relationship to provide the requested product, service orfunctionality on behalf of appalachiancommunityrelief.com users and customers.
No Unlawful orProhibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocablelicense to access and use appalachiancommunityrelief.com strictly in accordancewith these terms of use. As a condition of your use of the Site, you warrant toACR that you will not use the Site for any purpose that is unlawful orprohibited by these Terms. You may not use the Site in any manner which coulddamage, disable, overburden, or impair the Site or interfere with any otherparty's use and enjoyment of the Site. You may not obtain or attempt to obtainany materials or information through any means not intentionally made availableor provided for through the Site.
All content included as part of the Service, such as text,graphics, logos, images, as well as the compilation thereof, and any softwareused on the Site, is the property of ACR or its suppliers and protected bycopyright and other laws that protect intellectual property and proprietaryrights. You agree to observe and abide by all copyright and other proprietarynotices, legends or other restrictions contained in any such content and willnot make any changes thereto.
You will not modify, publish, transmit, reverse engineer,participate in the transfer or sale, create derivative works, or in any wayexploit any of the content, in whole or in part, found on the Site. ACR contentis not for resale. Your use of the Site does not entitle you to make anyunauthorized use of any protected content, and in particular you will notdelete or alter any proprietary rights or attribution notices in any content.You will use protected content solely for your personal use, and will make noother use of the content without the express written permission of ACR and thecopyright owner. You agree that you do not acquire any ownership rights in anyprotected content. We do not grant you any licenses, express or implied, to theintellectual property of ACR or our licensors except as expressly authorized bythese Terms.
International Users
The Service is controlled, operated and administered by ACRfrom our offices within the USA. If you access the Service from a locationoutside the USA, you are responsible for compliance with all local laws. Youagree that you will not use the ACR Content accessed throughappalachiancommunityrelief.com in any country or in any manner prohibited byany applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless ACR, itsofficers, directors, employees, agents and third parties, for any losses,costs, liabilities and expenses (including reasonable attorney's fees) relatingto or arising out of your use of or inability to use the Site or services, anyuser postings made by you, your violation of any terms of this Agreement oryour violation of any rights of a third party, or your violation of anyapplicable laws, rules or regulations. ACR reserves the right, at its own cost,to assume the exclusive defense and control of any matter otherwise subject toindemnification by you, in which event you will fully cooperate with ACR inasserting any available defenses.
Arbitration
In the event the parties are not able to resolve any disputebetween them arising out of or concerning these Terms and Conditions, or anyprovisions hereof, whether in contract, tort, or otherwise at law or in equityfor damages or any other relief, then such dispute shall be resolved only byfinal and binding arbitration pursuant to the Federal Arbitration Act,conducted by a single neutral arbitrator and administered by the AmericanArbitration Association, or a similar arbitration service selected by theparties, in a location mutually agreed upon by the parties. The arbitrator'saward shall be final, and judgment may be entered upon it in any court havingjurisdiction. In the event that any legal or equitable action, proceeding orarbitration arises out of or concerns these Terms and Conditions, theprevailing party shall be entitled to recover its costs and reasonableattorney's fees. The parties agree to arbitrate all disputes and claims inregards to these Terms and Conditions or any disputes arising as a result ofthese Terms and Conditions, whether directly or indirectly, including Tortclaims that are a result of these Terms and Conditions. The parties agree thatthe Federal Arbitration Act governs the interpretation and enforcement of thisprovision. The entire dispute, including the scope and enforceability of thisarbitration provision shall be determined by the Arbitrator. This arbitrationprovision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will takeplace on an individual basis; class arbitrations andclass/representative/collective actions are not permitted. THE PARTIES AGREETHAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUALCAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATEATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ACRagree otherwise, the arbitrator may not consolidate more than one person'sclaims, and may not otherwise preside over any form of a representative orclass proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDEDIN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICALERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. APPALACHIANCOMMUNITY RELIEF AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES INTHE SITE AT ANY TIME.
APPALACHIAN COMMUNITY RELIEF AND/OR ITS SUPPLIERS MAKE NOREPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATEDGRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTEDBY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES ANDRELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONOF ANY KIND. APPALACHIAN COMMUNITY RELIEF AND/OR ITS SUPPLIERS HEREBY DISCLAIMALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES ORCONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ANDNON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NOEVENT SHALL APPALACHIAN COMMUNITY RELIEF AND/OR ITS SUPPLIERS BE LIABLE FOR ANYDIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANYDAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATAOR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCEOF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES,THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OROTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF APPALACHIAN COMMUNITY RELIEFOR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSESOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITYFOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TOYOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESETERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/AccessRestriction
ACR reserves the right, in its sole discretion, to terminateyour access to the Site and the related services or any portion thereof at anytime, without notice. To the maximum extent permitted by law, this agreement isgoverned by the laws of the State of North Carolina and you hereby consent tothe exclusive jurisdiction and venue of courts in North Carolina in alldisputes arising out of or relating to the use of the Site. Use of the Site isunauthorized in any jurisdiction that does not give effect to all provisions ofthese Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, oragency relationship exists between you and ACR as a result of this agreement oruse of the Site. ACR's performance of this agreement is subject to existinglaws and legal process, and nothing contained in this agreement is inderogation of ACR's right to comply with governmental, court and lawenforcement requests or requirements relating to your use of the Site orinformation provided to or gathered by ACR with respect to such use. If any partof this agreement is determined to be invalid or unenforceable pursuant toapplicable law including, but not limited to, the warranty disclaimers andliability limitations set forth above, then the invalid or unenforceableprovision will be deemed superseded by a valid, enforceable provision that mostclosely matches the intent of the original provision and the remainder of theagreement shall continue in effect.
Unless otherwise specified herein, this agreementconstitutes the entire agreement between the user and ACR with respect to theSite and it supersedes all prior or contemporaneous communications andproposals, whether electronic, oral or written, between the user and ACR withrespect to the Site. A printed version of this agreement and of any noticegiven in electronic form shall be admissible in judicial or administrativeproceedings based upon or relating to this agreement to the same extent andsubject to the same conditions as other business documents and recordsoriginally generated and maintained in printed form. It is the express wish tothe parties that this agreement and all related documents be written inEnglish.
Changes to Terms
ACR reserves the right, in its sole discretion, to changethe Terms under which appalachiancommunityrelief.com is offered. The mostcurrent version of the Terms will supersede all previous versions. ACRencourages you to periodically review the Terms to stay informed of ourupdates.
Contact Us
ACR welcomes your questions or comments regarding the Terms:
Appalachian Community Relief
Black Mountain, North Carolina
Email Address:
appalachiancommunityrelief@gmail.com
Effective as of December 06, 2024
Privacy Policy
This Privacy Policy ("Policy") applies toappalachiancommunityrelief.org, and Appalachian Community Relief("Company") and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to the Company include appalachiancommunityrelief.org. The Company's website is a news and information site. By using the Company website, you consent to the data practices described in this statement.
Collection of yourPersonal Information
In order to better provide you with products and services offered, the Company may collect personally identifiable information, such as your:
-First and last name
-Mailing address
-Email address
If you purchase the Company's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your PersonalInformation
The Company collects and uses your personal information in the following ways:
-to operate and deliver the services you have requested
-to provide you with information, products, or services that you request from us
-to provide you with notices about your account
-to carry out the Company's obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection
-to notify you about changes to our appalachiancommunityrelief.org or any products or services we offer or provide through it
-in any other way we may describe when you provide the information
-for any other purpose with your consent.
The Company may also use your personally identifiable information to inform you of other products or services available from theCompany and its affiliates.
Sharing Information with Third Parties
The Company does not sell, rent, or lease its customer lists to third parties.
The Company may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to the Company, and they are required to maintain the confidentiality of your information.
The Company may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Company or the site; (b) protect and defend the rights or property of the Company; and/or (c) act under exigent circumstances to protect the personal safety of users of the Company, or the public.
AutomaticallyCollected Information
The Company may automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, access times, and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding the use of theCompany's website.
Links
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of yourPersonal Information
The Company secures your personal information from unauthorized access, use, or disclosure. The Company uses the following methods for this purpose:
- SSLProtocol
When personal information (such as a credit card number) istransmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information.Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet that are beyond our control; and(b) the security, integrity, and privacy of any and all information and dataexchanged between you and us through this site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
-Delete your personal information from our records; and
-Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
-Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, and provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
-Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
-Debug to identify and repair errors that impair existing intended functionality;
-Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
-Comply with theCalifornia Electronic Communications Privacy Act;
-Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
-Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
-Comply with an existing legal obligation; or
-Otherwise use. your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
The Company does not knowingly collect personally identifiable information from children under the age of 13. If you are underthe age of 13, you must ask your parent or guardian for permission to use this website.
Email Communications
From time to time, the Company may contact you via email forthe purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improveour services, we may receive a notification when you open an email from theCompany or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from the Company, you may opt out of such communications by selecting "unsubscribe" at the bottom of emails.
External Data Storage Sites
We may store your data on servers provided by third-party hosting vendors with whom we have contracted.
Changes to This Statement
The Company reserves the right to change this Policy from time to time. For example, when there are changes in our services, changes in our data protection practices, or changes in the law. When changes to thisPolicy are significant, we will inform you. You may receive a notice by sending an email to the primary email address specified in your account, by placing a prominent notice on our Appalachian Community Relief, and/or by updating any privacy information. Your continued use of the website and/or services available after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information
The Company welcomes your questions or comments regardingthis Policy. If you believe that the Company has not adhered to this Policy, please contact the Company at:
Appalachian Community Relief
Black Mountain, North Carolina
Email Address:
appalachiancommunityrelief@gmail.com
Effective as of December 06, 2024