Please read these terms and conditions carefully before using Our Service.
These Terms and Conditions constitute the entire agreement between Cape Fear Collective and any User of Our Services regarding the subject matter hereof. Any previous agreement, whether oral or written, between the Company and You dealing with the subject matter hereof is superseded. If any portion of these Terms is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining Terms.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either “Collective Impact in New Hanover County,” “Cape Fear Collective”, “CFC”, “the Company”, “We”, “Us”, or “Our” in this Agreement) refers to Cape Fear Collective, Inc., PO Box 7746 Wilmington, NC 28406.
Country refers to: North Carolina, United States.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Cape Fear Collective, accessible from https://www.capefearcollective.org/.
You (also referred to as “User”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Cape Fear Collective. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing the Website via the Internet or any other medium, You accept and agree to all conditions imposed in these Terms.
CFC has the exclusive right to control the accessibility, hours of use, and the features on the Website. CFC can restrict access to any or all portions of the Website or remove any information or content from the Website at any time. We reserve the right to monitor the use of the Website.
You are solely responsible for providing the equipment used to access the Website, including all computer equipment, remote communications equipment, telephone or other equipment.
You disagree with any part of these Terms and Conditions then You may not access the Service.
Our Website and Services are not directed to children under 13 (or other age as required by local law), and We do not knowingly collect personal information from children. If You learn that Your child has provided Us with personal information without Your consent, You may contact Us. If We learn that We have collected any personal information in violation of applicable law, We will promptly take steps to delete such information.
Cape Fear Collective is not the publisher or speaker for any information on the Website that is provided by third-party content providers or by Users, and CFC is not liable for any claims related to that information. Any mention on the Website of products or services provided by third parties, including any advertisement found on the Website, is for informational purposes only and constitutes neither an endorsement nor a recommendation by the Company. We assume no responsibility for those advertisements, products, or services. Any dealings among any of You and any third parties mentioned on or found through this Website are solely between You and the third parties, and are subject to any terms, conditions, warranties, or representations associated with those dealings.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
CFC makes no warranty, either expressed or implied, of the accuracy, merchantability, or fitness for a particular purpose of the information provided by third parties. This includes, but is not limited to, any information provided by an advertiser, third party content provider to You via this Website, or any information found on a link located on this Website that allows You to access information on another website. Additionally, We do not warrant the existence or functionality of any website which can be accessed through a link located on this Website.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Although CFC has attempted to provide accurate information on Our Website, We make no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and otherwise hold harmless, Cape Fear Collective and its officers, directors, agents, employees, and assigns from and against any cause of action or claim, including legal fees, related to Your use of the Website.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Cape Fear Collective, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, CFC provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither CFC nor any of the company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
In no event will Cape Fear Collective be held liable for criminal, tortious, or negligent actions or omissions of third parties that affect this Website.
In no event will Cape Fear Collective or any of its Affiliates, agents, employees, assigns, or third-party content providers be held liable for any tortious or illegal conduct of Our Users.
In no event will Cape Fear Collective or any of its Affiliates, agents, employees, or assigns be held liable for any damage to equipment, hardware, or other property of Our Users or personal injury that arises in connection with use of this Website.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect as a best practice, however, We are not mandated to provide notice of changes in these Terms. What constitutes a material change will be determined at Our sole discretion.
Any change in these Terms is effective immediately upon Your receipt of notice from CFC. Notice can be given through email, a posting of the revised Terms on the Website, or any other means by which You may obtain notice. You should periodically check these Terms for changes.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
Cape Fear Collective
Attention: Director of Operations or CEO
PO Box 7746
Wilmington, NC 28406