Terms of Service

This site and all digital extensions of this site using the domains habitatcatawbavalley.org, shopcatawbarestore.org, any domain name owned or controlled by Habitat Catawba (collectively, the “Website”) provide a complimentary information service offered by Habitat for Humanity of Catawba Valley, Inc. (“Habitat Catawba”) to you as a Website user, with the express condition that you agree to be bound by these terms and conditions (“Terms of Service”).

Do not use the Website if you do not agree to these Terms of Service.

Each local Habitat for Humanity affiliate (“Affiliate”) is a separate legal entity, governed by an independent board of directors, executive committee or other governing body; each Affiliate is solely responsible for its own website and digital presence and your use thereof.

Content

All content available on this Website, Habitat Catawba’s social media pages, Catawba Valley ReStores social media pages, including, but not limited to, trademarks, photographs, images, characters, names, graphics, logos, illustrations, audio clips and video clips (collectively, “Content”), is protected by copyright, trademark and other rights that are owned and/or controlled by Habitat for Humanity International, Inc., Habitat Catawba, or by other parties that have licensed their material to Habitat for Humanity. You may use content from this Website for your own personal, non-commercial use only. You may not copy, reproduce, publish, upload, post, transmit or distribute any Content in any way without Habitat for Humanity of Catawba Valley Inc’s express permission.

Copyright and copyright agent

Habitat Catawba respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide to Habitat Catawba’s Copyright Agent the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act, please contact:

Habitat for Humanity of Catawba Valley International Copyright Agent
Attn: Phillip Stepp
PO Box 9475
Hickory, NC 28603
Email: [email protected]

Privacy

Habitat Catawba respects the privacy of the visitors to the Website. Review the Privacy Policy.

Linked sites

The Website may contain links to other sites that are not operated or managed by or on behalf of Habitat Catawba. Habitat Catawba is not responsible for the content of any such lined-to sites. The links to these sites are for your convenience only, and you access them at your own risk.

Habitat Catawba welcomes links to the Website. You may include on your site(s) a link to the Website, provided that the link does not state or imply any sponsorship or endorsement of you or your site by Habitat Catawba or any Affiliate. You may not use on your site any logos, trademarks, service marks or other copyrighted materials appearing on the Website, including, without limitation, any logos, without Habitat Catawba’s express written permission. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Website without Habitat Catawba’s prior written consent.

User-generated content

From time to time, Habitat Catawba may allow you to communicate, submit, upload or otherwise make available comments, messages, images, audio, video and/or other content via the Website (“User Generated Content”), some or all of which may be accessible to the public. You agree that you will not submit or otherwise publish any User Generated Content that:

(a) is libelous or defamatory;

(b) is obscene, pornographic or otherwise offensive;

(c) is abusive or harmful (or threatens to abuse or harm) any person or entity;

(d) infringes another person’s or entity’s intellectual property rights or any other rights, including, without limitation, copyrights, trademark or the right of publicity or privacy;

(e) violates any law or regulation;

(f) advocates illegal activity;

(g) advertises a product or service; or

(h) solicits funds or solicits goods or services.

By submitting User Generated Content to the Website, you grant to Habitat Catawba a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media now known or hereafter devised, for any purpose, including, without limitation, advertising, promotional and commercial purposes, without further notice to you, with or without attribution.

You represent and warrant that your User Generated Content conforms to these Terms of Service and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize Habitat Catawba to use and exploit, your User Generated Content in all manners contemplated under these Terms of Service.

You shall indemnify Habitat Catawba and its subsidiaries and its members, and each of their respective officers, directors, employees and agents from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Habitat Catawba or its licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.

To the extent that Habitat Catawba expressly authorizes you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, Habitat Catawba grants you a non-exclusive license to create a derivative work using our copyrighted works, solely as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to Habitat Catawba of all rights in the work you create. If such rights are not assigned to Habitat Catawba, your license to create derivative works using Habitat Catawba’s copyrighted works shall be null and void.

Habitat Catawba is not responsible for any User Generated Content or user communications published or transmitted by users of the Website. Habitat Catawba reserves the right to edit or delete User Generated Content or user communications at any time and for any reason without any prior notice, but has no obligation to do so.

Unsolicited creative submissions/communications

Habitat Catawba does not accept or consider creative ideas, suggestions or materials other than those Habitat Catawba has specifically requested. If you do send or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit by electronic mail or otherwise, communications, including any data, questions, comments, suggestions or the like (collectively, the “Submitted Material”), the Submitted Material will be deemed and remain Habitat Catawba’s property. None of the Submitted Material will be subject to any confidentiality obligation on the part of Habitat Catawba and Habitat Catawba will not be liable for any use or disclosure of any Submitted Material. Habitat Catawba will exclusively own any now known or hereafter existing worldwide perpetual rights to the Submitted Material, without compensation to the provider of the Submitted Material.

Mobile Messaging Terms and Conditions

Habitat Catawba a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (the “Mobile Messaging Terms”). The Program and our collection and use of your personal information is also subject to our Privacy Policy [insert link to your privacy policy] [and our [insert name of general terms of use agreement, if applicable] [insert link if applicable]]. By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms and our Privacy Policy [and our [insert name of general terms of use agreement, if applicable]].

1. Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include promotions, specials, events, fundraising solicitations, other marketing offers. Transactional messages relate to an existing or ongoing transaction and may include donation or purchase notifications and updates, appointment reminders, and other transaction-related information. Mobile messages may be sent using an automated technology, including an auto dialer, automated system, or automatic telephone dialing system. Message frequency will vary but will not exceed 3 messages per month. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.

2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at [insert email or other contact method]. Your participation in the Program is not required to make any purchase from us and your participation in the Program is completely voluntary.

3. User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to optout of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

4. Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.

5. Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.

Disclaimer

The content on and available via this Website is provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Habitat Catawba disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Habitat Catawba makes no warranty that the functions contained in the content will be uninterrupted or error-free, that defects will be corrected, or that Habitat Catawba or the server that makes them available are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

The information and opinions expressed in bulletin boards, chat rooms or other forums conducted on this site (“Forums”) are not necessarily those of Habitat Catawba or its affiliates or related entities or content providers, and Habitat Catawba makes no representations or warranties regarding that information or those opinions. Habitat Catawba and its affiliates or related entities or its content providers are not responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such content or to whom such content may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any content, information or opinions provided in the Website.

Limitation of liability

To the fullest extent permissible by applicable law, in no event will Habitat Catawba, or its present or future affiliates, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of any alleged failure of performance, error, omission, interruption, deletion, defect or delay in service, operation or transmission of the Website or any alleged computer virus, communication line failure, theft or destruction of property and/or unauthorized access to, alteration of, or use of or posting of any record, content or technology, pertaining to or on the Website. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if Habitat Catawba has been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that Habitat Catawba and/or its present or future affiliates are not liable for any actual or alleged defamatory, offensive or illegal conduct of other users of the Website or any other third parties.

If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

Jurisdiction

The Content and features on the Website are presented for the purpose of providing news and/or information and/or promoting programs, and other products and/or services that are or may become available in the United States, its territories and possessions. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Website, and/or the provision of Content, services and/or technology on or through the Website is governed the laws and decisions of the State of Georgia applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.

Changes of these terms of service

Habitat Catawba reserves the right to change these Terms of Service at any time, without notice to you. Please consult the most recent version of these Terms of Service each time you view the Website.

[Updated April 2023]