TERMS OF USE
Welcome to this website located at LEAPCare.org. The Sites are owned and operated by Corporate Chaplains of America (“CCA”, “we” or “us”). The Sites provide you with various opportunities to learn about LEAPCare, submit content, and participate in related activities (the “Services”).
- YOUR ACCEPTANCE
1.1. Acceptance. By accessing or otherwise using the sites and the services you accept, without modification, these terms of use (“terms of use” or “terms”). If you do not agree to these terms of use, then please exit immediately from the sites and do not return.
1.2. Privacy and Acceptable Use Policies. These Terms incorporate by reference. The LEAPCare Privacy Policy located here. Please read the terms of the Privacy Policy carefully, as by agreeing to these Terms, you also agree to the terms of the Privacy Policy.
1.3. Other Agreements. Additionally, these Terms incorporate by reference all other LEAPCare policies, rules, guidelines, terms and conditions (“Agreements”) on the Sites, whether established by Corporate Chaplains of America or by operators of subnetworks within LEAPCare (“Subnetwork Operators”). Read carefully all Agreements before engaging in any corresponding services. You agree to comply with all such Agreements when you agree to comply with the Terms.
1.4. Changes to these Terms. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time without further notice. Your continued use of the service or the sites after any such changes means you agree to the new terms. If we make material changes to the Terms, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. If you do not agree to abide by any future Terms of Use, do not continue to access or otherwise use the Services or the Sites. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to ensure your compliance therewith.
- CONTENT
All of the content on the Sites including, without limitation text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content (“Content”), is owned by LEAPCare, its licensors, vendors, agents or content providers. All elements of the Sites including, without limitation the general design and the Content, are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes, and are NOT considered or to be considered “public domain.” The Services and the Sites may only be used for the intended purpose for which such Sites and Services are being made available. Except as may be expressly set forth on the Sites, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from any Content. Except as may be expressly set forth on the Sites, you may only view, play, print, and download Content on the Sites for your own personal, informational, and noncommercial purposes only. The Sites and the Content will remain the exclusive property of LEAPCare or its licensors unless otherwise expressly agreed. You will remove no copyright, trademark, or other proprietary notices from material found on the Site. By uploading or contributing any Content to the Sites, you give LEAPCare an unlimited, irrevocable, worldwide license to possess, use, and make available for public consumption all such Content.
- ACCURACY OF INFORMATION
You agree that you will not provide any false, misleading, or inaccurate information to LEAPCare, or any of its representatives. You agree that all of the information you provide is accurate to the best of your knowledge. You agree that you will not transmit any information or words that are abusive, obscene, profane, offensive, threatening or harassing. Your use of the Site may be suspended or terminated immediately upon receipt of any allegation that you have used the Site in violation of these Terms of Use. Notwithstanding the foregoing, LEAPCare does not guarantee and is not responsible for the accuracy or completeness of any Content on the Sites. No Content may be relied upon as a promise or representation by LEAPCare as to the past, present, or future, or an obligation by any person or entity to take any action or refrain from taking any action.
- LIMITATIONS TO THESE TERMS
The Sites and Services may contain links to third-party websites that are not owned or controlled by LEAPCare. All such links are provided solely as a convenience to you. LEAPCare has no control over, and assumes no responsibility for, the content, products, services, policies, or practices of any third-party websites. LEAPCare does not endorse, guarantee, or make any representations or warranties regarding any other websites. By using the Sites and Services, you expressly relieve LEAPCare from any and all liability arising from your use of any third-party website.
- ADVERTISEMENTS
LEAPCare has the exclusive right to market, offer, and place advertisements and/or other promotional content or materials (“Advertisements”) on the Sites for its sole benefit. LEAPCare will not and will not allow any third party, directly or indirectly, to market, offer, sell and place Advertisements on the Sites.
- TERMINATION
Termination. LEAPCare may suspend or terminate your account or your use of the Sites or any Network at any time, without notice, for any reason or for no reason. It may also block your access to the Sites in the event that: (a) you breach these Terms of Use; or (b) we believe that your actions may cause financial loss or legal liability for you, our Users, us, or any other person or entity. Effects of Termination. Upon any termination by LEAPCare, your rights to access and use the Sites and Services shall automatically terminate. LEAPCare has no obligation to delete, remove, or retain your User Submissions, and they may remain on the Sites and in Networks. In addition, even if User Submissions are deleted from active display on the Sites, they may be recorded and saved by LEAPCare in its archives.
- YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that: (i) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses granted herein; (ii) You have read, understood, agree with, and will abide by the terms of these Terms of Use; (iii) the User Submission and LEAPCare’s use thereof as contemplated by these Terms of Use, including on and in the Sites and Services, their promotion and re-distribution, will not violate, misappropriate or infringe any right of any third party, including any copyright, trademark, trade secret, privacy rights and rights of publicity; and (iv) by uploading or submitting any Content of any kind, you grant to LEAPCare an unlimited, irrevocable, worldwide license to possess, use, and make available for public consumption all such Content.
- DISCLAIMERS.
You agree that your use of the sites and services shall be at your sole risk. To the fullest extent permitted by law: the sites and services are provided “as is” and without any warranties of any kind. LEAPCare expressly disclaims all warranties, express or implied, related to the sites and services and your use thereof, including, warranties of title, merchantability, fitness for a particular purpose or non-infringement or warranties of uninterrupted, timely, secure, or error-free use or operation. LEAPCare assumes no liability or responsibility for: (i) Errors, mistakes, or inaccuracies of content; (ii) Any products listed or purchased on or through the sites or services; (iii) Any acts, omissions and conduct of any users, advertisers and/or other parties referenced on or through the sites or services; (iii) Any unauthorized access to or use of LEAPCare servers and/or any and all personal information or other data stored therein; (iv) Any interruption or cessation of transmission to or from the sites or services; or (v) Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the sites or services. LEAPCare does not guarantee any number of product sales or transactions through the sites and/or services, and you acknowledge and agree that you have no expectation of obtaining any anticipated amount of customers, sales or other results by virtue of these terms of use, or your use of the sites and services. LEAPCare does not warrant, endorse, guarantee, or assume responsibility for any product listed or sold by a third party through the sites or any hyperlinked website or featured in any advertisements. LEAPCare expressly disclaims all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation, and LEAPCare makes no warranties to those defined as “consumers” in the magnuson-moss warranty-federal trade commission improvements act. LEAPCare will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
- LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW:
In no event will LEAPCare be liable for consequential, indirect, incidental, punitive, exemplary or special damages arising out of or in connection with these terms of use, the use or inability to use the website, services, content and/or products. in no event will LEAPCare’s aggregate liability arising out of or in connection with these terms of use, the website, services, content and/or products, whether in contract, tort (including negligence, product liability or other theory), warranty or otherwise, exceed the greater of (a) $100 or (b) the value of your purchase on the sites (and specifically excluding any site linked to the sites). You and LEAPCare agree that any cause of action arising out of or related to the sites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. your sole and exclusive remedy from any use of, or inability to use the website, services, content or products, shall be for you to discontinue use of the sites and services.
- INDEMNITY
You will indemnify, defend at LEAPCare’s request, and hold harmless LEAPCare, its affiliates and their officers, directors, employees and agents (the “Indemnified Parties”) from and against any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, and expenses (including attorney’s fees, litigation expenses and settlement amounts) arising from or related to any of the following; provided, however, that the foregoing obligation to defend will apply only to claims or actions brought by a third party against an Indemnified Party: (i) your use of, or inability to use, the Sites and Services, Content or products, (ii) any of your User Submissions, including any infringement, misappropriation or violation of any copyright, trademark, or privacy or publicity right or other third party right; (iii) any acts or omissions by you as a User of any Network you created; (iv) any product listed or sold by you, including any personal injury, death or property damages caused by any product, or any other product liability, defect, or other claim that any product caused damage to a third party; (v) your violation of any these Terms of Use; (vi) your violation of any law, rule or regulation, whether local, state, federal or international; (vii) any other party’s access and use of the Sites with your unique username, password or other appropriate security code; or (viii) any negligence or willful misconduct by you. You will not settle or compromise any claim, except with prior written consent of the relevant Indemnified Parties.
- ABILITY TO ACCEPT TERMS OF USE
You affirm, represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Sites is not intended for children under 14. If you are under 14 years of age, then please do not use the Sites or Services.
- GENERAL
These Terms of Use will be governed by the laws of the state of North Carolina, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use shall be in the state and federal courts of Wake County, North Carolina. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. LEAPCare does not guarantee continuous, uninterrupted or secure access to the Sites or Services, and operation of the Sites may be interfered with by numerous factors outside of our control. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. Additionally any provision that was, by its nature, intended to survive termination of these Terms will so survive. If any provision of these Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.
PRIVACY STATEMENT
Thank you for visiting www.LEAPCare.org. We appreciate the opportunity to interact with you on the Internet and are committed to protecting and safeguarding your privacy. The purpose of this Privacy Statement is to inform you about the types of information we might collect about you when you visit our Site, how we may use that information and whether we disclose that information to anyone.
By visiting our sites you are accepting, without modification, this privacy policy. If you do not agree to any portion of this privacy policy, then please exit the site. We reserve the right to change, modify, add or delete the terms of our privacy policy from time to time without further notice. Your continued use of the sites following the posting of changes to this privacy policy mean you agree to the new terms.
What Information We Collect and How We Use It
Any information we collect on our Site generally falls into the Personally Identifiable Information category. Personally Identifiable Information refers to information that lets us know specifically who you are. We collect and store information that you enter into the Site or that you provide through other channels to the Organization. For example, when you make a financial donation online, we collect and store some or all of the following information that you provide, for example: name, address, email address, telephone number. Personal Information may also be collected in certain portions of the Site in which you specifically and knowingly provide such information to us (i.e. online chats). All chats are electronically recorded for the protection of both parties. To improve our service to you chats are recorded for other LEAPCare chapalins to read. In general, you can visit our Site without telling us who you are or revealing any Personally Identifiable Information.
Other Sources.
We also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our database and to provide information that we think will interest you and, if you have agreed to receive emails from us, send you reminders about opportunities.
Anonymous Information
Through your use of the Sites, we may also gather certain information that does not identify you individually (“Anonymous Information”). Generally, this information is collected through “traffic data”. We collect and store certain other information automatically whenever you interact with the Site. For example, we collect your IP address, browser information and reference site domain name every time you visit the Site. We also collect information regarding user-traffic patterns and site usage. This information is used to analyze and improve the Sites and to provide our users with a fulfilling experience.
Sharing Your Information
Except as disclosed in this Privacy Statement, we do not sell, trade, rent, or otherwise retransmit any Personally Identifiable Information we collect online unless we have your permission.
From time to time, we may use things from chat conversations or emails in our marketing and promotion – but when we do so we will never disclose the identification of the person who made the comments and will try to ensure that the general public will not be able to identify the person who made the comments from anything we publish unless we have obtained specific permission from the individual concerned.
Emergency Situations
We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to applicable law or comply with legal process served on us or the Site; (b) protect and defend our rights or property, the Site or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Sites or the public.
From time to time, we may be required to provide Personally Identifiable Information in response to court order, summons or government investigation. We also reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. We may release Personally Identifiable Information when we believe that such release is reasonably necessary to enforce or apply our Limited Warranty or to protect the rights, property, and safety of the person them self, others and ourselves. We may disclose information pursuant to a summons, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law. This may include respecting requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law under the local laws in that jurisdiction, apply to users from that jurisdiction, and are consistent with generally accepted international standards. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you. This may include sharing information with other companies, lawyers, courts or other government entities. There may be situations that come up in conversations on this site that require reporting information to the appropriate authorities including things like terrorism, rape, suicide, abuse and intent to hurt themselves or others.
Children and Privacy
Our Website is not intentionally targeted to children under the age of 14. If you are under the age of 14 we would prefer you to use the Sites only under the immediate supervision of a parent or guardian but we realize that this is not always possible or appropriate.
What steps are taken to keep personal information secure?
Personal Information collected by the Site is stored in secure operating environments that are not available to the public. Only those employees or volunteers who need access to your Personal Information to do their jobs are allowed access. Any employee or volunteer who violates our privacy and policies is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.
While we try our best to safeguard your Personal Information once we receive it, you understand and agree that no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
Links To Other Web Sites
Links to third-party Web sites may be provided solely for your information and convenience, or to provide additional information for various other goods and services. If you use these links, you will leave our Site. This Privacy Statement does not cover the information practices of those Web sites linked to our Site, nor do we control their content or privacy policies. We suggest that you carefully review the privacy policies of each site you visit.
Changes To This Statement
Any updates or changes to the terms of this Privacy Statement will be posted here on our Site and the date of the newest version posted at the top of the page. Please check back frequently, especially before you submit any Personally Identifiable Information at our Site, to see if this Privacy Statement has changed. By using our Site, you acknowledge acceptance of this Privacy Statement in effect at the time of use.
Contact Us
If you have any concerns about our use of your information or about this Privacy Statement, please contact us through the website and we will look into any concerns that you bring to our attention.
