Acceptance of the Terms and Conditions
This Terms of Use Agreement (this “Agreement”), states the terms and conditions under which you may use the Island Community House (“ICH”) website (“the Site”) which contains various information, including but not limited to graphics, news, and other tangible or intangible materials (“Content”).
By accessing, browsing and/or using the Site, you acknowledge that you have read, understand, and agree to be legally bound by this Agreement. You many not use the Site if you do not accept and agree to be legally bound by this Agreement.
ICH reserves the right to amend this Agreement at any time by posting the amended terms on the Site.
Restrictions on Use of Materials
You acknowledge that the Site contains Content protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that those rights are valid and protected in all forms, media, and technologies existing now and subsequently developed. You also acknowledge that the Content is and shall remain the property of ICH or any other party (each a “Contributor”) who has been involved in the preparation or publication of the Content. You shall at no time assert any claims of ownership over any Content by reason of your use of or any right to use the Site and you shall not grant or create or suffer to exist any lien or other security interest arising from such use.
You agree to comply with all applicable copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
ICH authorizes you to view and use the Content on the Site solely for your personal, noncommercial use. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices.
You shall not store electronically any significant portion of any Content. The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without ICH’s prior written approval.
For permission to use the Content or from a newsletter authored and distributed by ICH, you must request prior written permission and provide full attribution. Permission should be requested by contacting Lisa Cannon, ICH President. Attribution for Content should be given as follows: “Reprinted with permission from the Island Community House.” Attribution for newsletter content should be given as follows: “This article reprinted with permission from Island Community House, Inc. a 501(c)3 non-profit, founded in 2019 and located on Chincoteague Island, VA. “
DISCLAIMER OF WARRANTY
THE CONTENT PROVIDED ON THE SITE IS PROVIDED AS A SERVICE TO THE PUBLIC. INFORMATION PRESENTED ON SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PRESENTED ON THE SITE CONSTITUTES LEGAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN IHC AND ANY OTHER PARTY.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ICH AND NONE OF ITS MEMBERS, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “ICH PARTIES”) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT.
NO ICH PARTY WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITE, ICH’S SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
NO ICH PARTY MAKES AND ALL ICH PARTIES EXPRESSLY DISCLAIM ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL ICH PARTIES DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT AND THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY ICH PARTY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OR THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF CONTENT AVAILABLE THROUGH THE SITE.
IN NO EVENT SHALL ANY OF ICH PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED IN ANY WAY THE CONTENT OR THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ICH PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION OR PROBLEMS ASSOCIATED WITH THE CONTENT OR THE SITE IS TO STOP USING THE CONTENT AND THE SITE.
Links to Other Sites
As a convenience to you, the Site may periodically provide links to third-party websites through links available on the Site, including websites of entities affiliated with ICH (“Third-Party Sites”) where ICH feels it is appropriate. Lists of links are not complete lists of relevant and/or useful internet resources.
ICH’s decision to link to a Third-Party Site is not an endorsement of the content in that linked Third-Party Site. ICH IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY SITE. ICH DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF ANY CONTENT ON ANY THIRD-PARTY SITE. IHC SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING.
You should take precautions when downloading files from all Third-Party Sites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns to the Third-Party Sites’ administrator or webmaster.
No Framing Allowed
The Content and other elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without ICH’s prior express written consent.
Use of Personally Identifiable Information
ICH’s practices and policies with respect to the collection and use of personally identifiable information is governed by ICH’s Privacy Policy which is available on the Site.
Termination
ICH reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. ICH reserves the right to change, suspend, or discontinue all or any part of the Content and Site without prior notice or liability.
User Must Comply with Applicable Laws
The Site is based in Chincoteague Island, VA. ICH makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access Content or the Site from outside of the United States, you are solely responsible for ensuring compliance with all applicable laws of the relevant jurisdiction
Miscellaneous
If a court with competent jurisdiction invalidates or declare unenforceable any portion of this Agreement, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect.
The paragraph headings in this Agreement are provided only for reference and shall have no effect on the construction or interpretation of this Agreement.
ICH’s failure to enforce your strict performance of any provision of this Agreement shall not constitute a waiver of ICH’s right to subsequently enforce that provision or any other provision of this Agreement. Neither the course of conduct between parties nor trade practice shall modify any provision of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia, except its conflicts of law rules. All disputes related in any way to this Agreement and/or the use of Content or the Site shall be resolved by a state court located in Accomack County and you shall submit to personal jurisdiction and venue in such a court. If ICH prevails in any litigation related to such a dispute, ICH shall be entitled to recover from you all attorneys’ fees, costs, and expenses incurred by ICH.
You must commence any claim you may have related in any way to this Agreement and/or the use of Content within one (1) year after the claim arises. Failure to comply with that requirement shall bar you from pursuing that claim.
You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would be unlawful, give rise to ICH’s liability, or would otherwise violate any applicable law. You shall reimburse and indemnify ICH for all attorneys’ fees, costs, and expenses incurred by ICH as the result of your breach of that obligation.
This Agreement contains the entire agreement of the parties for this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. This Agreement may be modified only by a writing signed by you and an authorized ICH representative.
__________________________________ Date: ______________________
ISLAND COMMUNITY HOUSE
BY: __________________________________ Date:______________________