These Terms and Conditions of Use (the “Terms and Conditions”) govern your use of the website located at https://nclcvf.org/, as well as other websites and applications that are owned and/or operated by North Carolina League of Conservation Voters (“NCLCVF”) that link to these Terms and Conditions (collectively, the “Services”). These Terms and Conditions create a legal agreement directly between you and NCLCVF and explain the rules governing use of the Services. The terms “you” or “user” refer to all individuals and entities accessing the Services for any reason. The terms “us” or “we” refer to NCLCVF.

By accessing or using the Services, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and Conditions, as well our Privacy Policy. If you do not agree to these Terms and Conditions, please do not access or use the Services.

We have the right to update these Terms and Conditions from time to time upon posting revised policies. The updated Terms and Conditions take effect upon posting and will apply on a going-forward basis, unless otherwise noted. By continuing to use the Services after the posting of updated Terms and Conditions, you agree to the Terms and Conditions as amended. 

Access to the Services

We hereby grant you permission to use the Services as set forth in these Terms and Conditions, provided that you use the Services solely for your personal, noncommercial use. You may make one copy of any part of the Services if technically feasible to use for personal, noncommercial purposes, provided that you retain all marks and copyright notices on your copy. You must obtain our prior consent to use any of the content on the Services for any other purpose. In addition, your right to use the Services is conditioned upon your complete compliance with these Terms and Conditions.  

Links to Third-Party Websites

The Services may include links to third-party websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party website. By using the Services, you expressly relieve us from any and all liability arising from your use of the Services, as well as any third-party website.  

Restrictions on Use

You agree not to use or launch any automated system, including without limitation, “bots,” “spiders,” “offline readers,” etc., that accesses the Services in a manner that sends more requests to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser, or that otherwise imposes burdens on our systems or circumvents any technological blockers to such activities that we may have put in place. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of creating publicly available searchable indices of the materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit any users of the Services for any commercial purposes. In addition, you agree not to use the Services for any unlawful or fraudulent activities.

Intellectual Property Rights

The content on the Services, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to NCLCVF, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Services is provided to you AS IS for your information and noncommercial use only and the Content and the Marks may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever other than as authorized herein without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Services, the Content, and the Marks. You agree not to engage in the use, copying, or distribution of any of the Content or the Marks other than as expressly permitted herein. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted Content or by using the Marks. You agree not to circumvent, disable, or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.

Your Breach of these Terms and Conditions

We have the right to terminate or suspend your access to the Services upon your breach or intended breach of these Terms and Conditions. In addition, you acknowledge and agree that your breach of any provision of these Terms and Conditions would result in  irreparable harm to NCLCVF for which money damages alone would be an inadequate remedy, and, therefore, you agree that we are entitled to injunctive relief to prevent or restrain any breach or threatened breach of these Terms and Conditions, in addition to any other remedies available at law or in equity.

Warranty Disclaimer
THE SERVICES ARE PROVIDED “AS IS.” YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. We reserve the right to edit or remove any Content on the Services at any time without notice and without liability to you or third parties. 

TO THE FULLEST EXTENT PERMITTED BY LAW, NCLCVF AND ITS AFFILIATED ENTITIES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR OF ANY SITES LINKED TO OR FROM THE SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANYTHING POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE 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.  

Limitation of Liability

IN NO EVENT SHALL NCLCVF OR ITS AFFILIATED ENTITIES OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANYTHING POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE MAXIMUM AMOUNT OF DIRECT DAMAGES ATTRIBUTABLE TO NCLCVF RELATING TO THE SERVICES SHALL BE ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT NCLCVF SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to defend, indemnify and hold harmless NCLCVF and its affiliated entities and each of their officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third-party right or any law, including without limitation any copyright, property, or privacy right; or (iv) any claim that any content you submit via the Services violates any third-party right or any law. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Services.

Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Ability to Accept Terms and Conditions of Use

You affirm that you have reached the age of majority in your jurisdiction 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 and Conditions, and to abide by and comply with these Terms and Conditions. 

General

These Terms and Conditions shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Any claim or dispute between you and NCLCVF that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Wake County, North Carolina. These Terms and Conditions, together with the Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and NCLCVF concerning the Services and our services. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. YOU AND NCLCVF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated: August 06, 2024