You may use the Site only for lawful purposes and in accordance with these Terms. You may not, and you shall not allow or encourage any person to:
distribute, republish, display, copy, reproduce, download, transmit, license, sell, create derivative works from, transfer, or otherwise exploit any Content or information from the Site, in whole or in part, without our express written permission;
“mirror” any Content or information from the Site on any other server without our express prior written permission;
delete, modify, hack, or attempt to change or alter any of the Content on the Site;
remove, delete, alter, or obscure any Trademarks, or otherwise remove or modify any copyright or other intellectual property or proprietary rights notices from the Site or any Content;
reverse engineer, disassemble, decompile, or decode the Site or any Content therein, in whole or in part;
use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology, or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site or Content thereon;
post on or transmit through the Site any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise objectionable;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or servers or networks connected to the Site, or take any other action that interferes with administration, security, and/or operation of the Site or other parties’ use of the Site;
attempt to access computer systems or networks connected to any of our servers or to the Site, through hacking or any other means;
take any action that imposes an unreasonable or disproportionately large load on [Cumberland Heights] and/or our affiliates’ infrastructure;
disseminate, store, upload, or transmit files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any malicious code or program that may damage the operation of another’s computer or the property of another;
publish, post, or otherwise communicate false information, inaccurate information, or information of another person for which you are not authorized to provide; or
engage in any other activity deemed by [Cumberland Heights] to conflict with the spirit or intent of these Terms.
If you violate these Terms, we reserve the right to (a) terminate, suspend or limit your access to or use of the Site; (b) notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; (c) refuse to provide our services to you in the future; and/or (d) take legal action against you.
Privacy
Your use of the Site, and our collection and use of your information, is subject to our Website Data Privacy Policy (“Privacy Policy”). By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. We will treat any protected health information (as that term is defined by applicable law) as described in our Notice of Privacy Practices.
Links from the Site and Third-Party Content
The Site may contain links to other websites on the Internet that are not maintained by us (“Linked Sites”). When you leave the Site, you do so at your own risk. All Linked Sites are provided only because they may be of interest to users of the Site or offer a service for your convenience. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that Linked Site or its content, products, or services.
You acknowledge and agree that [Cumberland Heights] has no responsibility for the accuracy or reliability of information provided by Linked Sites. [Cumberland Heights] does not author, edit, or monitor these Linked Sites. You should refer to the separate terms of use, privacy policies, and other rules posted on a Linked Site before you use them. You acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your clicking on a Linked Site or your reliance on any information, any good, any service, or any other material provided through a Linked Site. You bear all risk associated with the use of the Linked Sites, third party services, and your correspondence or business dealings with advertisers other than us found on or through the Site. We reserve the right to terminate such links at any time.
Donations
The Site may use third-party payment processor to process payments or donations made through the Site. Your use of any third-party payment processor is subject to the terms and conditions of that payment processor.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL [CUMBERLAND HEIGHTS], ITS AFFILIATES, OR OUR OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, PARTNERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IF ANY EXCLUSION, DISCLAIMER, OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND [CUMBERLAND HEIGHTS], ITS AFFILIATES, OR OUR OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, PARTNERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BECOMES LIABLE FOR LOSS OR DAMAGE THAT WOULD OTHERWISE BE LIMITED, THE AGGREGATE LIABILITY OF [CUMBERLAND HEIGHTS] AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS LIMITED TO ONE HUNDRED DOLLARS ($100.00 USD).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless [Cumberland Heights], its affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
Disputes; Governing Law and Jurisdiction
These Terms shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between you and us that relates to or arises in whole or in part from the Site or these Terms shall be decided exclusively by a court of competent jurisdiction located in Davidson County, Tennessee, provided, that you hereby agrees that any dispute arising out of or relating in any way to these Terms or your use of the Site or any Content, information, materials or services you obtain from us requires that such claim be resolved exclusively by confidential binding arbitration. The arbitration shall be conducted before three neutral arbitrators in Davidson County, Tennessee, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Punitive and consequential damages may not be awarded under these Terms.
BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN YOU AND US, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER YOU OR WE WOULD HAVE IF YOU OR WE WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. You and we both hereby consent to the exclusive jurisdiction of the state or federal courts located in Davidson County, Tennessee for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (d) to enforce our intellectual property rights under these Terms. You and we both consent for service of process in any such action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed, and you and we both agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Davidson County, Tennessee.
You must commence any cause of action or claim you may have that arises out of relates to these Terms or the Site within one (1) year after the cause of action or claim accrues; otherwise, such cause of action or claim is permanently barred.
Consent to Electronic Communications
By providing your email address and/or telephone number, or by sending emails to us, you are communicating with us electronically. By providing your email address and/or telephone number, or by sending emails to us, you consent to receive communications from us or on our behalf electronically through emails, phone calls, or text messages, including messages sent using automated dialing technology. You understand that emails and text messages have inherent privacy risks, including that unencrypted emails text messages are not secure and could be accessed by an unauthorized party, intercepted, or altered without your knowledge or authorization. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By providing your mobile number, you represent that you are the account holder for that number. If you wish to opt out of such text messages, you may do so. Your carrier may charge standard messaging, data, and other fees for text messages.
Typographical Errors; Content Disclaimer
Although we attempt to ensure the integrity and accuracy of the Site, we make no claim, representation, or warranty as to the accuracy, reliability, or suitability of the information contained within the Site, including, but not limited to, the Content and any other information contained in any text, documents, graphics, and other elements. The Content may contain technical errors, typographical errors, errors made or perpetuated by third parties, or other forms of error. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on the Site. We reserve the right in our sole discretion to make alterations or deletions to the Content at any time without notice. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on the Site at any time without notice.
Waiver and Severability
No waiver by [Cumberland Heights] of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of [Cumberland Heights] to assert a right or provision under these Terms shall not constitute a waiver of such right or provision or estop further enforcement of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms, our Privacy Policy, and our Notice of Privacy Practices constitute the sole and entire agreement between you and [Cumberland Heights] regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. By using the Site after we post revised Terms, you accept and agree to the changes. We encourage you to check this page frequently so you are aware of any changes, as they are binding on you.
Contact Information
If you have any questions about these Terms or our Site, please contact us by mail:
Cumberland Heights Foundation
