THE GREATER NEW HOPE MBC TERMS OF USE
CAREFULLY READ AND REVIEW THE NOTICES, DISCLAIMERS, LIMITATIONS, TERMS, PROVISIONS AND CONDITIONS SET FORTH HEREIN BELOW AND IN THE PRIVACY POLICY BEFORE USING THIS SITE OR ITS FEATURES IN WHOLE OR IN PART (THESE TERMS, INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY, ARE HEREINAFTER REFERRED TO AS “TERMS OF USE”). ANY USER WHO ACCEPTS, ASSENTS AND AGREES TO BE BOUND BY THE FOLLOWING TERMS OF USE IS WELCOME TO USE THIS SITE AND ITS FEATURES, SUBJECT TO SAID TERMS OF USE.
THIS SITE, AND ALL OF ITS FEATURES AND SERVICES, IS OFFERED AND MADE AVAILABLE TO YOU, AND YOUR USE OF THIS SITE AND ITS FEATURES IN WHOLE OR IN PART, IS SUBJECT TO AND CONDITIONED UPON YOUR ACCEPTANCE AND AGREEMENT AND COMPLIANCE WITH THE TERMS OF USE, WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION. DO NOT USE THIS SITE OR ANY OF ITS FEATURES IN WHOLE OR IN PART IF YOU DO NOT UNDERSTAND AND AGREE TO THE TERMS OF USE WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION. BY USING THIS SITE, INCLUDING WITHOUT LIMITATION VIEWING OR USING ANY OR ALL OF ITS CONTENT OR FEATURES IN WHOLE OR IN PART, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND FULLY AND COMPLETELY UNDERSTAND THEM AND AGREE TO THEM WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION, AND USE OF THIS SITE, INCLUDING WITHOUT LIMITATION VIEWING OR USING ANY OR ALL OF ITS CONTENT OR FEATURES CONSTITUTES ACCEPTANCE, ASSENT AND AGREEMENT WITH, AND A REPRESENTATION AND WARRANTY THAT YOU SHALL COMPLY WITH, THE TERMS HEREOF WITHOUT QUALIFICATION, LIMITATION OR MODIFICATION.
THESE TERMS OF USE APPLY TO YOU, WHETHER YOU ARE AN INDIVIDUAL OR AN ENTITY ACTING BY OR THROUGH YOU AS ITS AUTHORIZED REPRESENTATIVE, OR WHETHER YOU REPRESENT, ACT OR PURPORT TO REPRESENT OR ACT FOR OR ON BEHALF OF ANOTHER PERSON OR ENTITY, OR YOURSELF ALONE. THESE TERMS OF USE APPLY TO YOU IN WHATEVER CAPACITY IN WHICH YOU USE THIS SITE, INCLUDING BUT NOT LIMITED TO CUSTOMERS, MEMBERS OR VISITORS. FOR PURPOSES OF THESE TERMS OF USE, AND USE AND INTERACTION WITH THIS SITE:
(A) A CUSTOMER IS AN ORGANIZATION OR PERSON WHO HAS ENTERED INTO A SERVICE AGREEMENT WITH THE GREATER NEW HOPE MBC AND USES THE SITE AND PROVIDES ACCESS TO THE SITE AS A SERVICE TO OTHERS (HEREINAFTER REFERRED TO AS “CUSTOMER”); CUSTOMER SHALL ALSO INCLUDE WITHOUT LIMITATION AN INDIVIDUAL WHOM A CUSTOMER HAS AUTHORIZED TO INTERACT WITH THE SITE AND WHO IS ALSO SUBJECT TO THESE TERMS OF USE;
(B) A MEMBER IS A PERSON WHO HAS REGISTERED TO INTERACT WITH CERTAIN FEATURES OF THE SITE;
(C) A VISITOR IS ANY PERSON OR ENTITY WHO VISITS THE SITE FOR ANY REASON WHATSOEVER.
YOU REPRESENT AND WARRANT BY USING THIS SITE THAT YOU ARE AT LEAST 14 YEARS OF AGE, OF SOUND MIND, ARE COMPETENT TO ENTER INTO A LEGALLY BINDING AGREEMENT AND HAVE AUTHORITY TO BIND YOURSELF OR THE PERSON OR ENTITY YOU REPRESENT AND TO BE BOUND HEREBY.
All features on this Site, including but not limited to features which may be accessed without monetary charge, and specifically including without limitation features, information and services which do require subscription and acceptance by THE GREATER NEW HOPE MBC as a Customer, are subject to and shall be strictly governed by these Terms of Use. In addition, but without limiting the foregoing, certain features offered or made available on or through this Site may be available only to individuals or entities who expressly agree to certain additional specific terms, provisions, conditions, notices and disclaimers (hereinafter “Service Agreement” with respect to Customers). Agreement with the Service Agreement shall in no way limit these Terms of Use and shall not limit their universal applicability to use or access of this Site.
At this time, access to this Site and some of its features may be offered free of monetary charge. Because there may be no monetary charge for access to this Site and use of its features, your acceptance of, assent to, and agreement and compliance with, the Terms of Use constitutes consideration for your use and access. Additional consideration is necessary for access or use of the Site or the Services as a Customer, which is set forth more fully in the Service Agreement, but all users are subject to these Terms of Use. THE GREATER NEW HOPE MBC reserves the right to charge money for access to this Site or any of its content or features in the future.
All applicable provisions of state, federal and local law, equitable principles and regulations are hereby incorporated into these Terms of Use, including without limitation the Service Agreement, to the same extent as if set forth herein or in the Service Agreement verbatim. The Terms of Use, including without limitation the Service Agreement, are subject to any and all applicable provisions of state, federal, and local law, equitable principles, regulations, orders, decrees, requests or process of any court, tribunal of competent jurisdiction, or law enforcement authority of or from any jurisdiction, and nothing contained within these Terms of Use, including without limitation the Service Agreement, shall impair in any way whatsoever THE GREATER NEW HOPE MBC’s right to comply or govern its actions as and to the extent THE GREATER NEW HOPE MBC deems necessary with respect to any of same. If a court of competent jurisdiction determines that any term, provision, or condition included within the Terms of Use, including without limitation the Service Agreement, in whole or in part violate or do not comply with any applicable law, principle of equity, or regulation and any term, provision or condition included within the Terms of Use, including without limitation the Service Agreement, shall be determined by said court to be void, invalid, of no effect, or unenforceable, in whole or in part, for any reason whatsoever, such portion, and any other portion or term, provision or condition affected thereby, shall be construed consistent with applicable law, or be deemed modified solely to the extent necessary, to reflect as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with this Site or THE GREATER NEW HOPE MBC is in conflict with these Terms of Use, these Terms of Use shall take precedence.
THE GREATER NEW HOPE MBC reserves the right in its absolute discretion to modify, change, add to or delete from these Terms of Use, in whole or in part at any time without notice and any modification, change, addition or deletion shall take effect immediately upon posting or display herein. THE GREATER NEW HOPE MBC further reserves the right to discontinue or terminate any feature offered, made available or provided and your use or access to this Site at any time. Failure of THE GREATER NEW HOPE MBC to enforce any term, provision or condition of these Terms of Use, in whole or in part shall not be deemed a waiver of such term, provision or condition, nor the right to enforce such term, provision or condition.
INTELLECTUAL PROPERTY.
All content on this Site, including without limitation any and all materials, information, text, data, contents, names, tradenames, trademarks, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, and all intellectual property of any kind whatsoever, including, without limitation, is protected by U.S. and international copyright and intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no content on this Site may be copied, reproduced, duplicated, published, or sold, re-sold, transferred, distributed, or exploited in any form or by any means whatsoever without the prior express written permission of THE GREATER NEW HOPE MBC. Without limiting the foregoing, neither this Site nor the Services, nor any content or Services on or available on or through this Site, shall be reproduced, duplicated, copied, sold, re-sold, transferred, distributed, or exploited for any commercial purpose. Permission is hereby granted to copy the contents of this Site for personal, non-commercial use only, provided you do not modify or alter the content in any way whatsoever, retain all copyright and other legal notices and Terms of Use, contained herein, and do not post or distribute said content. You obtain no rights, including without limitation property rights, license, or lease, in any content herein by use or access to this Site, its features or content.
DISCLAIMERS.
Information, data, news and other information contained in or on, or accessible or made available through, this Site is generated or provided by you or third parties and THE GREATER NEW HOPE MBC makes no representation or warranty of any kind whatsoever as to the accuracy, truthfulness, usefulness, timeliness or completeness of any of the content herein or accessible hereby in whole or in part. Further, any such information, data, news or other information accessible or made available through this Site may contain errors, defects or be unreliable, and THE GREATER NEW HOPE MBC makes efforts to review, and post accurately any news, data, or other information accessible or made available through this Site. THE GREATER NEW HOPE MBC assumes no responsibility for the accuracy, truthfulness or usefulness of the data, information or other content on this Site or accessible through this Site, and THE GREATER NEW HOPE MBC shall have no responsibility to correct or update said data, information or content on this Site. You assume full and complete responsibility for checking and verifying any and all data, information, and content, including without limitation its usefulness, truthfulness, accuracy, completeness or currency. You are responsible for checking or verifying the accuracy, completeness, truthfulness, timeliness, usefulness and value to you to whatever extent you deem necessary, in reliance on other advisers, consultants, experts and resources you deem necessary and you shall indemnify and hold THE GREATER NEW HOPE MBC, its agents, employees, officers, directors, ministers, subsidiaries and affiliates harmless from and against any and all liability, loss, damage, claim, cost, expense, including without limitation attorneys and accountants’ fees and costs caused by, or arising out of or related directly or indirectly to your reliance on any content contained on this Site or accessible or made available through this Site.
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL APPLICATIONS, INFORMATION, DATA, FEATURES AND ALL CONTENT, IS OFFERED AND MADE AVAILABLE HEREIN ON AN “AS IS,” “AS AVAILABLE,” BASIS. IN NO EVENT SHALL THE GREATER NEW HOPE MBC BE LIABLE TO YOU, YOUR COMPANY, EMPLOYEES, AGENTS, THIRD PARTIES, ASSOCIATES, PARTNERS, MEMBERS, GUESTS OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OR IMPAIRMENT OF USE, DATA, OR PROFITS, YOU OR ANYONE ELSE MAY INCUR RELATING TO YOUR USE OR ACCESS TO THIS SITE, OR THE USE OR ACCESS HERETO BY ANYONE ELSE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND AS A CONDITION TO USE OR ACCESS ANY SUCH INFORMATION, YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE OR ASSERT AGAINST THE GREATER NEW HOPE MBC RELATING DIRECTLY OR INDIRECTLY TO ACCESSING OR USING OR RELIANCE UPON ANY SUCH INFORMATION OR DATA BY YOU OR ANYONE ELSE. THE TERM “DAMAGES’ AS USED HEREIN INCLUDES WITHOUT LIMITATION ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, CLAIM, FOUNDED OR UNFOUNDED, EXPENSE, FEE OF ANY KIND, INCLUDING WITHOUT LIMITATION ATTORNEYS OR ACCOUNTANTS FEES.
THE GREATER NEW HOPE MBC SHALL NOT BE LIABLE FOR ANY DELAY OR NONPERFORMANCE OF THESE TERMS OF USE, OR ANY TERM OR PROVISION HEREOF IN WHOLE OR IN PART, CAUSED BY FORCES OR FACTORS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO WARS, INSURRECTIONS, REBELLIONS, REVOLUTIONS, CIVIL WARS, USURPED POWER, ACTION TAKEN BY GOVERNMENT AUTHORITY IN HINDERING, COMBATING OR DEFENDING AGAINST SUCH OCCURRENCE, OR CONFISCATION BY ORDER OF ANY GOVERNMENT OR PUBLIC AUTHORITY, STRIKES, LOCKOUTS, LABOR DISPUTES OR DISTURBANCES, RIOTS, AUTHORITY OF LAW, ACTS OF GOD, SEVERE WEATHER, COMPUTER HARDWARE OR SOFTWARE PROBLEMS OF ANY KIND OR ANY OTHER CAUSE.
THE GREATER NEW HOPE MBC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING ANY CONTENT CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION SERVICE, NEWS, DATA, INFORMATION OR CONTENT OF ANY KIND, OF THE USEFULNESS, RELIABILITY, TRUTHFULNESS, ACCURACY, TIMELINESS OR COMPLETENESS TO YOU OR ANYONE ELSE, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR USE, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, OR WARRANTY OF ANY KIND.
THE GREATER NEW HOPE MBC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THIS SITE OR ANY CONTENT HEREIN OR AVAILABLE FROM OTHER SITES ACCESSIBLE HEREBY, INCLUDING WITHOUT LIMITATION SOFTWARE OR FILES ACCESSIBLE OR MADE AVAILABLE FOR DOWNLOAD HEREFROM, ARE FREE OF OR FROM TECHNOLOGICALLY UNSTABLE FILES OR CHARACTERISTICS, OR BUGS, VIRUSES, ERRORS, DEFECTS, PROBLEMS, TROJAN HORSES, WORMS, OTHER LIMITATIONS OR OTHER CODES OR DEFECTS THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES OR CHARACTERISTICS OR ADVERSE EFFECTS ON YOUR SOFTWARE OR HARDWARE. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR USE OR RELIANCE UPON THIS SITE OR ANY INFORMATION OR DATA SET FORTH HEREIN.
IF YOU ARE DISSATISFIED WITH THIS SITE, THE SERVICES, OR ANY FEATURE, APPLICATION OR INFORMATION HEREIN OR ACCESSIBLE HEREFROM, OR ANY OF THE TERMS OF USE, PRIVACY POLICY OR OPERATION OF THE SITE OR ANY OF ITS FEATURES, YOUR SOLE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND ITS FEATURES.
CODE OF CONDUCT.
You agree not to use the Services to:
(A) Post, place, communicate, send, transmit, disseminate, distribute, forward, upload, reproduce, publish or republish, directly or indirectly (hereinafter referred to collectively as “Post or Transmit”) any information or content of any kind whatsoever, including without limitation data, articles, communications, advice, recommendations, reviews, opinions, news, programming, directories, guides, texts, graphics, photographs, illustrations, logos, audio clips, images, messages, statements, comments, language, software, programs, code, technology or any other content of any kind whatsoever in whatever form or medium (all referred to hereinafter collectively as “Content”), that is in any way) unlawful or violates or could violate any local, state or federal law, rule, regulation, order, or decree, or gives rise to civil liability, or which encourages or advocates any of the above, or ii) that is offensive or violates the rights or sensibilities of other persons or entities, or iii) is otherwise objectionable or unacceptable to THE GREATER NEW HOPE MBC (all of the above hereinafter referred to as “Prohibited Content”), said Prohibited Content including without limitation Content which is libelous, defamatory, fraudulent, false, misleading, threatening, harassing, abusive, harmful, malicious, rude, hateful, racist, sexist, discriminatory, obscene, pornographic, profane, vulgar, indecent, crude, or objectionable in any way whatsoever;
(B) Post or transmit any Content that discloses personal or private information about or concerning, or in any way invades the privacy, publicity or proprietary rights of, any person including without limitation a Customer or User of the Site;
(C) Post or transmit any Content that contains or may contain or result in the posting or transmitting of Content that contains or may contain any destructive,
disruptive, corrupting, contaminating, or harmful quality, component or feature, including without limitation any virus, worm, cancelbolt, or Trojan Horse;
(D) Post or transmit any content that violates or infringes upon, or may violate or infringe upon, the rights or interests of THE GREATER NEW HOPE MBC, the Site, Customers, Representatives, Members, Visitors, Users or others, including without limitation posting or transmitting without due authorization copyrighted or otherwise protected text, images, property, programs, trade secrets, confidential or proprietary information, intellectual property, or trademarks or service marks;
(E) Post or transmit any solicitation, request, or petition for any vote, political action, chain letter, pyramid scheme or arrangement, investment opportunity, or sale of security;
(F) Post or transmit any advertising, promotional information, commercial solicitation, “spamming,” “flooding,” or content that contains advertising, or exploits any content for a commercial purpose, or sell or offer for sale, rent, lease, or any commercial purpose, any content;
(G) Post or Transmit Content containing any request or opportunity to participate in contests, or sweepstakes.
FINANCIAL TRANSACTIONS.
By initiating and sending payments through the Service, you appoint THE GREATER NEW HOPE MBC, it’s agents intermediaries, and partners, as your agent to obtain the funds on your behalf and to transfer the funds to the recipient, subject to the terms and restrictions of these Terms Of Use. THE GREATER NEW HOPE MBC, or an authorized agent, intermediary, or partner of THE GREATER NEW HOPE MBC, will obtain the funds per your instructions by debiting a bank account or charging a credit card that you designate. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your Transactions. In addition to these Terms of Use, your Transaction shall be subject to any Additional Terms applicable to such services, features or purchases. Registration for Events may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses. You grant THE GREATER NEW HOPE MBC the right to provide any information you submit to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. The Transaction record on your bank account or credit card statement will indicate the name of the recipient that you designated. When you initiate an ACH transaction through the Services, you are requesting an electronic transfer of funds from your bank account, which THE GREATER NEW HOPE MBC, or its agents, intermediaries, or partners, will execute using the ACH system from your U.S. bank account in the amount you specify. You agree that such requests constitute your authorization for such transfers. THE GREATER NEW HOPE MBC will never make transfers from your bank account or credit card without your authorization.
DONATIONS.
When you make a donation, Our service provider receives a fee for the use of their technology without any additional charge to you. Donations collected by the Service Provider will be sent in regular intervals to the designated charitable organization in accordance with contract and applicable law, less The Service Provider’s fee.
REFUND POLICY.
In the event of any Billing problems or discrepancies, you must notify THE GREATER NEW HOPE MBC within forty five (45) days after they first appear on your credit card account statement. If you do not notify THE GREATER NEW HOPE MBC within forty five (45) days days after they first appear on your credit card account statement, you waive any right to dispute such problems or discrepancies.
TERMINATION/ACCESS RESTRICTION.
If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your event registration may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Site. THE GREATER NEW HOPE MBC reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice.
JURISDICTION; GOVERNING LAW.
This Site is owned and controlled by THE GREATER NEW HOPE MBC our location is 3655 Harvey Avenue, Cincinnati, Ohio 45229. It can be accessed on the Internet from all 50 states, as well as other countries around the world. As each of these places and jurisdictions has laws that may differ from those of Ohio, by accessing this Site, both you and THE GREATER NEW HOPE MBC agree that these Terms of Use shall be deemed and treated as though they were entered into, executed, and performed solely in Hamilton County, Ohio, and the statutes and laws of the State of Ohio, without regard for conflict of law rules thereof, apply to all matters relating to use of this Site and shall without limitation govern these Terms of Use. You agree that by use of this Site you do hereby submit to jurisdiction of the courts of Ohio with appropriate subject matter jurisdiction and that any conflict brought or filed with respect to use of this Site or concerning the Terms of Use shall be brought in a court of competent jurisdiction in Hamilton County, Ohio. In any legal action relating to enforcement or breach of these Terms of Use, the prevailing party shall be entitled to recovery of costs, fees and expenses of such action, including without limitation attorney fees and accounting fees. A printed copy of these Terms of Use or part thereof as modified in accordance with the terms hereof from time to time shall be deemed admissible in any court of law or administrative proceeding and shall be deemed the original and the best evidence of the intentions of the parties with respect to use of this Site.
MISCELLANEOUS.
These Terms of Use shall be interpreted according to their fair meaning and shall not be interpreted strictly against or for either party. These Terms of Use constitute the entire agreement with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether, electronic, oral or written, between THE GREATER NEW HOPE MBC and the user of this Site. Headings used herein are for convenience only and shall not limit, control or add to the meaning of any term, provision or condition. Use of the plural herein shall include the singular and use of the singular shall include the plural.
CONTACTING THE WEB SITE.
If you have any questions about the Terms of Use, the practices of this Site, or your dealings with this Site, you may contact:Â [email protected]
.