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Privacy Policy Terms and Conditions of
Use
The Euclid Hunger Center
shares your concerns about privacy on the Internet. In order to
better protect your privacy, the Euclid Hunger Center has provided
this notice explaining its online information practices and the
choices you can make about the way your information is collected and
used on the Site. Furthermore, this Privacy Policy, being part of
the Terms, works in conjunction with the Terms and Conditions of
Use, but does not modify or supercede it.
The Euclid Hunger Center's Collection and Use of Your Information
In the course of using the Site, the Euclid Hunger Center may ask
you for your name, e-mail address, postal address, telephone number,
fax number as well as other relevant information. The Euclid Hunger
Center also may collect certain non-personally identifiable
information when you visit many of our web pages such as the type of
browser you are using (e.g., Netscape, Internet Explorer), the type
of operating system you are using, (e.g., Windows '98 or Mac OS),
the domain name of your Internet service provider (e.g., America
Online, Earthlink), aggregate data about the number of visits to the
Site and/or aggregate data about the pages visited.
How the Euclid Hunger Center Uses the Information
The Euclid Hunger Center uses the non-personally identifiable
information ("Aggregate Data") to improve the design and content of
the Site and to enable the Euclid Hunger Center to personalize your
Internet experience. The Euclid Hunger Center may use the Aggregate
Data to analyze Site usage as well as create services and/or
products to fit your needs. Also, the Euclid Hunger Center shares
this Aggregate Data with the Euclid Hunger Center's related
entities, advertisers, partners and/or other third party vendors.
The Euclid Hunger Center shall own such Aggregate Data and maintain
copies of such as part of its records.
Except as otherwise indicated, the Euclid Hunger Center uses the
personally identifiable information ("Personal Information") you
provide about yourself: (a) to respond to any of your inquiries or
questions about our services; (b) for internal marketing purposes
and as part of the Euclid Hunger Center's donor database; (c) to
provide you additional and updated information, materials and other
advertisements regarding the Euclid Hunger Center services;
(d) to offer you other materials and/or information that the Euclid
Hunger Center believes may be of interest to you; (e) to cooperate
with government officials or parties in litigation under process of
law, or as otherwise required by law; (f) to protect the security or
integrity of the Site; (g) to protect against a threat of safety or
destruction of property; and/or (h) to protect against legal
liability. In all cases, however, the Euclid Hunger Center
agents, employees and contractors who have access to Personal
Information are required to protect this information in a manner
that is consistent with this Privacy Policy.
Furthermore, the Euclid Hunger Center encourages all its business
Partners to adopt and adhere to standards of protection consistent
with this Privacy Policy. The Euclid Hunger Center will not use the
Personal Information, except as set forth herein, without your
permission; provided, however, the Euclid Hunger Center shall own
all such Personal Information and maintain copies of such as part of
its records. If you do not wish to receive any such information or
to allow the Euclid Hunger Center the right to use your personally
identifiable information as described, please contact the Euclid
Hunger Center in the manner identified in the "Opt-Out" section
below. The Aggregate Data and Personal Information may be
transferred, distributed or sold as part of the Euclid Hunger Center
or its assets.
Opt Out
You may choose not to receive such information and/or to allow the
Euclid Hunger Center to use your information in the manner described
above by simply notifying the Euclid Hunger Center directly at
www.EuclidHungerCenter.com. Upon receipt and processing of an "opt
out" request, the Euclid Hunger Center will, within its
commercially reasonable amount of time, remove your information from
any future marketing communications.
Security; No Liability
The Euclid Hunger Center has implemented security measures to help
protect against the risk of loss, misuse and alteration of any
information under the Euclid Hunger Center's control. The Euclid
Hunger Center protects your online order information by using Secure
Sockets Layer ("SSL") technology. SSL encrypts your order
information to avoid the decoding of that information by anyone
other than the Euclid Hunger Center. Nevertheless, such security
measures may not prevent all loss, misuse or alteration of
information on the Site, and the Euclid Hunger Center is not
responsible for any damages or liabilities relating to any such
security failures. You understand that data and communications,
including e-mail and other electronic communications, may be
accessed by unauthorized third parties when communicated over the
Internet. Furthermore, the Site contains links to other web sites.
The Euclid Hunger Center is not responsible for nor can the
Euclid Hunger Center ensure the privacy practices or content of such
other sites.
IP Addresses and Cookies
Like other web sites, the Euclid Hunger Center uses your IP
address to help diagnose problems with the Euclid Hunger Center's
servers, to administer the Site and for security purposes.
"Cookies" are pieces of data sent from a Web server to a Web browser
that enable a Web server to identify users that visit a site hosted
by that server. The Euclid Hunger Center may use Cookies in order to
identify you to our site so that the Euclid Hunger Center can
provide more customized information and services to you. In
addition, our site may contain advertisements that may contain
Cookies. In general, if you choose, you can disable the use of
Cookies by reviewing your browser's preferences and options.
Modification of Privacy Policy
The Euclid Hunger Center may change this Privacy Policy at any
time, consistent with the terms set forth in the Terms and
Conditions of Use, by posting the changed or amended Privacy Policy
on the Site. Your continued viewing of or use of this Site following
the posting of any changes to this Privacy Policy will signify your
assent to any such changes or amendments.
How to Contact the Euclid Hunger Center for Any Reason
You may contact the Euclid Hunger Center with questions or comments
regarding this Privacy Policy, updating any personally identifiable
information or anything else related to the Euclid Hunger
Center and/or this Site at www.EuclidHungerCenter.org.
TERMS AND CONDITIONS OF USE
1. INTRODUCTION.
Welcome to the web site ("Site") for the EuclidHungerCenter ("the
Euclid Hunger Center").
2. ACCESS TO THE SITE.
BY ACCESSING, BROWSING AND/OR USING THE SITE, YOU ACKNOWLEDGE THAT
YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND
CONDITIONS OF USE ("TERMS AND CONDITIONS OF USE"), INCLUDING THE
PRIVACY POLICY ("PRIVACY POLICY") [LINK], (COLLECTIVELY, THE
"TERMS") AND TO COMPLY WITH ALL APPLICABLE U.S. LAWS AND
REGULATIONS. If you do not or cannot agree to the Terms, do not use
the Site or any of the services offered through the Site. The Euclid
Hunger Center reserves the right, in its sole discretion, to update,
revise, supplement and to otherwise modify these Terms, and to
impose new or additional terms and conditions on your use of the
Site from time to time. Such updates, revisions, supplements,
modifications and additional rules, polices, terms and conditions
(collectively referred to in these Terms as "Additional Terms") will
be effective immediately and incorporated into these Terms upon
notice thereof, which may be given by any reasonable means including
by posting to the Site. Your continued viewing or use of the Site
following such notice will be deemed to conclusively indicate your
acceptance of any and all such Additional Terms.
3. ACCEPTABLE USE OF THE SITE.
In order to use the Site, you must obtain access to the Internet and
pay any and all service fees associated with such access.
(a) Individual Use. You agree that you are only authorized to visit,
view and to retain a single copy of pages of the Site for your own
internal use and not for any commercially-related purposes or in a
manner that in any way suggests a connection, affiliation or any
type of relationship between The Euclid Hunger Center and you or an
entity related to you. You also agree that you will not duplicate,
download, publish, modify or otherwise distribute any material on
the Site for any purpose other than for your own internal use unless
otherwise specifically authorized by the Euclid Hunger Center in
writing. The Euclid Hunger Center posts legal notices and various
credits on pages of the Site, which may not be removed even in your
permitted copies. Do not remove these notices or credits, or any
additional information contained along with the notices and credits.
(b) Deep Links; Linking. You agree not to "deep-link" to the Site,
meaning that you will not create, post, display, publish or
distribute any link to any page other than the front (home) page of
the Site for any purpose, unless specifically authorized by the
Euclid Hunger Center in writing to do so. If you do want to link to
the Site in any manner, please contact the the Euclid Hunger
Center Webmaster at www.EuclidHungerCenter.com to seek approval.
(c) Framing. You agree not to create any frames at any other web
sites pertaining to or using any of the content located at the Site
for any purpose, unless specifically authorized by the Euclid Hunger
Center in writing to do so.
(d) Security, Cracking and Hacking. You are prohibited from
violating or attempting to violate the security of the Site.
Accordingly, you agree not to: (i) access data or materials not
intended for you; (ii) log into a server or account which you are
not authorized to access; (iii) attempt to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization; or (iv)
attempt to interfere with service to any user, host or network,
including without limitation, by means of submitting a virus to the
Site, overloading, "flooding", "mailbombing" or "crashing" the Site.
Violations of system or network security may result in civil or
criminal liability. The Euclid Hunger Center reserves the right to
investigate occurrences which may involve such violations and may
involve, and cooperate with, law enforcement authorities in
prosecuting users who have participated in such violations. You
understand that data and communications, including e-mail and other
electronic communications, may be accessed by unauthorized third
parties when communicated over the Internet.
(e) You Are Responsible For All of Your Activities and All of The
Content You Post or Submit. You represent and warrant that any
information and/or material you post or provide to the Euclid
Hunger Center by means of the Site, including, without limitation,
as part of any registration or subscription or to gain access to or
use any services offered on the Site ("Submissions"), is truthful,
accurate, not misleading, not confidential property of others, not
in violation of any other third party's rights and offered in good
faith. You agree NOT to use the Site for or in connection with any
of the following activities: (i) transmitting or relaying spam,
spoofing or otherwise impersonating any person or entity, or falsely
stating or otherwise misrepresenting your identity or affiliation in
any way; (ii) using the Site for any fraudulent or illegal purpose;
(iii) e-mailing, uploading, or otherwise transmitting or using the
Site in furtherance of the use, distribution or transmission of any
unlawful, harassing, defamatory, tortious, libelous, sexually
explicit, obscene, hateful, racially, ethnically or otherwise
objectionable material of any kind; and (iv) transmitting material
that contains viruses, Trojan horses, worms, time bombs, cancelbots
or other computer programming routines or engines that are intended
to damage, destroy, disrupt or otherwise impair a computer's
functionality or the operation of the Site.
(f) Do Not Violate Third Party Intellectual Property Rights. Without
limiting the foregoing, you may not, and by using the Site you agree
not to, use the Site to: (i) transmit or post any Submissions that
are copyrighted, unless you are the copyright owner or have obtained
the permission of the copyright owner to transmit it; (ii) transmit
or post any Submissions that reveal trade secrets, unless you own
them or have the permission of the owner to so transmit them; or
(iii) transmit or post any Submissions that infringe on any
Intellectual Property Rights (as defined below) of others or
violates the privacy or rights of publicity of others. Furthermore,
unless otherwise expressly provided, you acknowledge and agree that:
(a) all Submissions will become property of the Euclid Hunger
Center; (b) the Euclid Hunger Center has the right to publish
the Submissions for any type of use including for promotional and
advertising purposes, in accordance with the terms set forth in the
Privacy Policy, without compensation to you of any kind; (c) any
Submissions that you submit to any part of the Site are
non-confidential for all purposes; and (d) that if you make any such
Submission, you automatically grant, represent and warrant that the
owner of such content has expressly granted the Euclid Hunger
Center a royalty-free, perpetual, irrevocable, world-wide exclusive
license to use the Submissions in any manner, media or form now
known or hereafter developed. The Euclid Hunger Center shall
have the right to sublicense its rights. The term "Intellectual
Property Rights" means collectively, rights under patent, trademark,
copyright and trade secret laws, and any other intellectual property
or proprietary rights recognized in any country or jurisdiction
worldwide including, without limitation, moral rights and similar
rights.
(g) Ownership. The Euclid Hunger Center puts a lot of content on the
Site for you to examine from time to time including, without
limitation, text, graphics, photographs, pictures, drawings,
animation, audio, video, literature and any other material
distributed by the Euclid Hunger Center on, through or in connection
with the Site. Moreover, the Euclid Hunger Center attempts to
display the content in a way that will be easily accessible and
useful for you, the user. All content and materials on the Site
including, without limitation, text, graphics, logos, button icons,
images, audio clips and software included in the Site and any
services offered on the Site, are the property of the Euclid Hunger
Center, its sponsors or business affiliates, and/or their respective
licensors, and are subject to U.S. and international Intellectual
Property Rights laws. The compilation of all content on the Site is
the exclusive property of the Euclid Hunger Center and is protected
by U.S. and international copyright laws. All software used on the
Site is the property of the Euclid Hunger Center or its licensors
and is subject to U.S. and international copyright laws. Except to
the minimum extent otherwise expressly permitted under copyright
law, no copying or exploitation of material from the Site is
permitted except expressly in accordance with these Terms or with
the express written permission of the Euclid Hunger Center and
any other applicable copyright owner. You acknowledge that you do
not acquire any ownership rights by virtue of downloading
copyrighted material from the Site. All rights not expressly granted
hereunder are expressly reserved to the Euclid Hunger Center.
(h) Spidering. THE USE OF ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS OR
PRODUCTS TO AUTOMATICALLY DOWNLOAD OR "SPIDER" THE SITE OR ANY OF
THE PAGES OF THE SITE INFRINGES ON THE Euclid Hunger Center'S AND/OR
ITS LICENSORS' INTELLECTUAL PROPERTY RIGHTS. DO NOT USE ANY SUCH
TOOLS OR PRODUCTS ON OR IN CONNECTION WITH THE SITE.
4. WARRANTY DISCLAIMER.
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY
QUALITY AND NON-INFRINGEMENT. THE Euclid Hunger Center DOES NOT
WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO
THE SITE WILL BE UNINTERRUPTED, CONTINUOUS OR ERROR-FREE. THE
Euclid Hunger Center DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF
ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU
SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THE SITE
BEFORE ACTING ON IT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE
Euclid Hunger Center EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE
ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES
OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE
SITE. THE Euclid Hunger Center DISCLAIMS ANY RESPONSIBILITY FOR
PRODUCT OR SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR
COMPLIANCE OF PRODUCTS OR SERVICES WITH ANY MANUFACTURER'S
WARRANTIES OR SPECIFICATIONS. THE Euclid Hunger Center CANNOT
BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES
AND/OR RELATED SERVICES NOR DOES THE Euclid Hunger Center MAKE
ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY
INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.
5. LIMITATION OF LIABILITY.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FURTHEST EXTENT
PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT
LIMITATION, THE Euclid Hunger Center's NEGLIGENCE, SHALL THE
Euclid Hunger Center BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT
LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL,
EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR
INABILITY TO USE THE SITE, ANY CONTENT AND/OR ANY RELATED SOFTWARE,
EVEN IF THE Euclid Hunger Center OR AN AUTHORIZED THE Euclid
Hunger Center REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE
TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS
SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF
COMPETENT JURISDICTION, IN NO EVENT SHALL THE Euclid Hunger Center's
TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR
ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS
($100).
6. INDEMNIFICATION.
You shall indemnify, defend and hold harmless the Euclid Hunger
Center and its sponsors, business affiliates, subsidiaries,
affiliates, officers, directors, employees, attorneys and agents,
from and against any and all damages, claims and actions brought by
you or any third party resulting from your use of the Site in
violation of these Terms or the infringement by you of any
Intellectual Property Rights of any person or entity.
7. GOVERNING LAW AND ARBITRATION.
The laws of the State of Ohio (excluding any principles of conflicts
of laws) govern your use of the Site, the services and these Terms.
You agree that the parties shall settle any claim or dispute
relating to these Terms by binding arbitration in , Ohio under the
Commercial Arbitration Rules of the American Arbitration
Association. To the fullest extent permitted by applicable law, no
arbitration under these Terms shall be joined to an arbitration
involving any other party subject to these Terms, whether through
class arbitration proceedings or otherwise. NOTWITHSTANDING THE
DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE
RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING,
WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO
THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR
FEDERAL COURTS LOCATED IN COOK COUNTY, OHIO, U.S.A.
8. WAIVER AND SEVERABILITY.
Furthermore, no delay or omission by the Euclid Hunger Center to
exercise any right or any noncompliance on your part with respect to
the Terms shall impair any such right or be construed to be a waiver
by the Euclid Hunger Center. If any provision of the Terms is
found by a court of competent jurisdiction to be invalid or
unenforceable in whole or in part, such provision shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or
unenforceability without in any manner affecting the validity or
enforceability thereof in any other jurisdiction or the remaining
provisions hereof in any jurisdiction, provided, however, if such
invalid or unenforceable provision may be modified so as to be valid
and enforceable as a matter of law, such provision will be deemed to
have been modified so as to be valid and enforceable to the maximum
extent permitted by law.
9. CONTRACT ELECTRONICALLY.
You agree that the Terms, combined with your act of using the Site
and/or the services offered on or through the Site have the same
legal force and effect as a written contract with your written
signature and satisfy any laws that require a writing or signature,
including any applicable Statute of Frauds. You further agree that
you shall not challenge the validity, enforceability or
admissibility of the Terms on the grounds that it was electronically
transmitted or authorized. In addition, you acknowledge that you
have had the opportunity to print the Terms.
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