Catholic Charities of Tennessee, Inc. (“Catholic Charities”) welcomes you. Catholic Charities provides this website and its services to you subject to these Terms of Use (the “Terms of Use”), which constitute a binding contract between you and Catholic Charities and govern your use of the website located at www.cctenn.org (the “Site”).
BY ACCESSING AND USING THE SITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE IN ANY MANNER.
USE OF THE SITE
The materials provided on the Site, including but not limited to information, documents, articles, images, photos, text, graphics, logos, button icons, images, digital downloads, software, video clips, sound clips and data compilations (“Site Content”) are provided either by Catholic Charities or by its service providers and may be copyrighted. Catholic Charities grants you a non-exclusive, revocable, limited license to view and use the Site and the Site Content for personal, non-commercial purposes.
Permission from Catholic Charities must be obtained before any Site Content is copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, except in connection with the following permitted uses (“Permitted Uses”): (1) learning about nonprofit organizations for purposes of evaluating them as potential recipients of personal charitable donations; (2) investigating nonprofit organizations for purposes of providing goods or services to them or entering into other business relationships with them; and (3) conducting comparative or other “best practices” research purposes. Any permitted reproduction, distribution or other use of such information must be accompanied by the following notice: “© 2009 by www.cctenn.org. Reprinted with permission from Catholic Charities of Tennessee, Inc. (date).” For our references, we request a copy of the material in which our information is used.
NO UNLAWFUL OR PROHIBITED USE
While using the Site, you may not:
- restrict or inhibit any other user from using or viewing the Site;
- use the Site for the benefit of any third party, other than in connection with a Permitted Use;
- republish, distribute, change, modify, mirror, frame, rent or sell in any manner, directly or indirectly, any component of the Site or the Site Content, or any derivative works with respect thereto, without prior written consent by Catholic Charities;
- disassemble, decode, decompile or otherwise reverse engineer the Site or the Site Content or any interfaces or software programs comprising the same;
- use any data mining, robot, spider, scraper, or other automated means to access the Site or the Site Content for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines;
- take any action that would impede or interfere with the operation of the Site or the Site Content or materially alter the contents of the Site or the Site Content without the consent of Catholic Charities; or
- transmit to the Site any information or software that contains a virus, Trojan horse, worm, or other harmful component.
PRIVACY POLICY
You agree to the terms of our Privacy Policy, which is incorporated by reference.
DONATIONS
To the extent that you make any donation through the Site, you represent and warrant that: (1) you are at least 18 years of age; (2) you possess the legal authority to create a binding legal obligation; (3) all donations made by you are made on behalf of yourself or on behalf of another person for whom you are legally authorized to act; and (4) all information supplied by the you is true, accurate, current and complete. PayPal™ is acting as an agent to assist us in processing donations made through the Site and is an independent contractor for such purposes. PayPal™ does not have control of or liability for the donations that are made through the Site. If you do not receive an email confirming your donation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with PayPal™ whether or not the contribution has been processed because you may be the only person aware of any problems that may occur during the transaction. PayPal™ will not be responsible for losses (monetary or otherwise) if you assume that a contribution was not processed because you did not receive confirmation. You will be responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Catholic Charities, PayPal™, or any other third party caused by or arising out of your breach of this agreement, and you agree to reimburse PayPal™ for any and all such liability. Catholic Charities is not responsible for your activities or the activities of PayPal™ in completing donation transactions.
CONTENT SUBMISSION GUIDELINES
Any party posting or submitting content to the Site agrees that he or she will not post any material which: is defamatory; obscene; invasive of another’s privacy; infringes a patent, trademark or copyright; misappropriates or discloses another’s trade secret or confidential information; or otherwise violates the rights of Catholic Charities or any third party, and further agrees not to represent him or herself as someone else. You are solely responsible for the materials you upload to the Site. Catholic Charities is not under any obligation to monitor the information residing on or transmitted to the Site, but if it should choose to do so, any party posting information to the Site agrees that Catholic Charities may modify or delete any information residing on or transmitted to the Site that, in its sole discretion, believes is inappropriate, unacceptable, in violation of these Terms of Use, a violation of rights or of any law or regulation, or impedes the operation or management of the Site. The use, display, distribution or publication of any materials posted by third parties on the Site does not constitute or imply an endorsement of such materials or their contents by Catholic Charities and Catholic Charities expressly disclaims all responsibility for such materials.
Any party posting information represents that he or she is the sole owner of all rights in such materials, including copyrights, or has the right to use and license the use of such materials. The posting party agrees that Catholic Charities may use in any manner and without limitation all such posted materials, that all such materials will become a part of Catholic Charities database, and Catholic Charities will own all content that it creates based upon or incorporating such material. The posting party hereby grants to Catholic Charities and its representatives and agents a perpetual, worldwide, irrevocable right and license to use, reproduce, display, publish, perform, modify and distribute such materials and any portion or derivative work thereof, with the right to assign and sublicense, without any obligation of compensation, credit or attribution to the posting party.
Please note that you are solely responsible for the documents you upload to the Site. You are advised to block any signatures, social security numbers, and personal addresses from documents that you upload. Catholic Charities reserves the right to refuse any document. In addition, Catholic Charities has the right to remove or disable any document at any time for any reason.
NO FINANCIAL, LEGAL OR TAX ADVICE
The information on the Site is provided for educational and/or informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on for any such purpose. We suggest that you consult an attorney, accountant and/or financial advisor to answer any financial or legal questions.
LINKS TO OTHER SITES
Catholic Charities welcomes the opportunity to link with other sites. However, express permission must be obtained from the webmaster before sites can be linked to the Site or vice versa. The Site may contain links to third-party websites which are not under the control of Catholic Charities. Catholic Charities is not responsible for the content of any linked site or for any link contained in a linked site, or any changes or updates to such sites. Catholic Charities is providing these links to you only as a convenience, and the inclusion of any link does not imply that Catholic Charities endorses, guarantees, or accepts any responsibility for the content on such a third-party site. If you link to a third-party website, you will be subject to such website’s legal terms and policies including, without limitation, such website’s terms of use and privacy policy.
INDEMNIFICATION
You shall indemnify, defend and hold harmless Catholic Charities, its affiliates, volunteers, partners and service providers, and their respective directors, officers, employees, affiliates and agents and their heirs, successors and assigns, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees) arising out of or relating to your acts or omissions related to your use of the Site, or any violation by you of these Terms of Use or any applicable law or third party rights. This Section shall survive the termination or expiration of these Terms of Use.
DISCLAIMER
THE SITE AND ALL SITE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE SITE CONTENT IS AT YOUR SOLE RISK. CATHOLIC CHARITIES, ITS AFFILIATES, PARTNERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, INCLUDING, WITHOUT LIMITATION, THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, WORMS OR OTHER MALICIOUS SOFTWARE. CATHOLIC CHARITIES DOES NOT WARRANT THAT THE SITE CONTENT WILL BE ACCURATE, UP-TO-DATE, OR OTHERWISE RELIABLE. PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS TERMS OF USE AGREEMENT.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CATHOLIC CHARITIES DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON LIABILITY
IN NO EVENT SHALL CATHOLIC CHARITIES, ITS AFFILIATES, PARTNERS OR ITS SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND SUBSIDIARIES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THIS WEBSITE OR CONTENT, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY.
SPECIAL JURISDICTIONAL ISSUES
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
TERMINATION OF YOUR USE OF THE WEBSITE
You agree that Catholic Charities may terminate your use of the Site, for any reason, including, without limitation, for lack of use of the Site or if Catholic Charities believes (in its sole judgment and discretion) that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice to you.
OTHER TERMS
These Terms of Use constitute the entire agreement between you and Catholic Charities in connection with the subject matter hereof. The waiver or any modifications of any provision of this Terms of Use or any right, power or remedy hereunder shall not be effective unless made in writing and signed by Catholic Charities. No failure or delay by Catholic Charities in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Catholic Charities shall have no liability whatever for delays or interruptions in delivery or accessibility of any portion of the Site, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond Catholic Charities reasonable control.
MODIFICATIONS TO THE TERMS OF USE
Catholic Charities reserves the right, for any reason, in its sole discretion, to change, modify, update, add or remove portions of these Terms of Use at any time. We will notify you of any material changes to these Terms of Use by posting a notice on the Site; however, you should check these Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes will signify your acceptance of those changes.
MODIFICATIONS TO THE SITE
Catholic Charities reserves the right, for any reason and without notice, in its sole discretion, to change, modify, add, suspend, remove, discontinue or terminate access, in whole or in part, to the Site or any aspects of the Site at any time. Catholic Charities further reserves the right to impose registration, password and other securities precautions on access to certain portions of the Site at any time.