Terms of Use
Last updated 11/7/2022
Welcome to the Internet site of the Appalachia Funders Network. This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between Appalachia Funders AFN (also referred to as “AFN,” the “Network,” “we,” “us,” “our”) and you with respect to your use of our website http://www.appalachiafunders.org, and the Information and Services (each as defined below) (collectively, the “Website”). It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Website, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Website or any of the Information or Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
We reserve the right at any time, with or without cause, to:
1) change the terms and Conditions of this Agreement;
2) change the Website, including eliminating or discontinuing any Information or Services or other feature of the Website; or
3) deny or terminate your use of and/or access to the Website.
Any change(s) we make will be effective immediately upon our making such change(s) available on the Website or otherwise providing notice thereof. You agree that your entering, re-entering, or continuing to use the Website thereafter constitutes your acceptance of such change(s).
Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
Our Mission
The Appalachia Funders Network’s mission is to align national, regional, and local funders toward a common vision to accelerate an equitable Appalachian transition. The Website is designed, and all uses of the Website are intended, to be in furtherance of our Mission. We are fiscally sponsored by Foundation for Appalachian Kentucky, which is a 501(c)(3) nonprofit organization.
Permitted Use of Services and Information
The services made available on, by, or through the Website, which include or may include, without limitation, subscriptions to the Appalachia Funders Network’s email updates; registration, RSVP, or application for AFN programs and services, AFN message boards, blogs, or public forums; application for employment or consideration for contract work; steering committee and other volunteer positions with AFN; and online donations (collectively, the “Services”), as well as any information provided on, by, or through the Website or as part of or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links, and references (collectively, the “Information”), are provided for personal use only and not for any for-profit or commercial activities or purpose or for resale. Without our explicit consent, no Information or any other AFN materials or property may be copied, reproduced, displayed, republished, downloaded, digitized, translated, modified, transmitted, distributed or commercially exploited in any way.
The Appalachia Funders Network will allow you to view and print a reasonable number of copies of information, documents, and web pages located on the Website for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that (i) you must retain all trademark, copyright, and other proprietary notices contained in the original materials, (ii) you must provide attribution to the AFN, and if possible provide a reference to the Website, (iii) the material must be printed in its entirety without modification, reformatting or adaptation of any kind, (iv) any such copies are subject to the terms and conditions of this Agreement and remain the property of the Network, and (v) you agree to advise any person to whom you share the materials as to this Agreement, and they must agree to abide by this Agreement. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise AFN promptly of any such unauthorized use(s) of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of the AFN or others.
Public Forums
As part of your use of the Website, you may participate in certain message boards, blogs, or other public forums. Your participation is voluntary; however, by choosing to post or send a message or blog or otherwise participate in any public forum, you acknowledge and agree that any messages, text, information, suggestions, feedback, or content provided by you may be viewed by the general public and will not be treated as private, proprietary, or confidential, and you authorize us and our affiliates and licensees, without compensation to you or others, to copy, adapt, reproduce, incorporate, distribute, publicly display, or otherwise use such information in furtherance of our operations throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release any covenant not to assert any moral rights that you may have in any content posted or provided by you. By posting or providing such content on the Website, you represent to the AFN that you own or have the right to use and permit us to use such content in the manner stated above. By way of example and not limitation, if you post or otherwise provide a picture of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image, and you must be the owner or licensee of the copyright in the photograph. You agree not to post or provide any content or information that belongs to any person other than yourself or that contains the name, voice, or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name, you further authorize us and our affiliates and licensees (without compensation to you or others) to reproduce, print, publish, and disseminate in any format or media (whether now known or hereafter created) your name in furtherance of our operations throughout the world, and such permission cannot be revoked for any reason.
You further agree that we may use the posted or provided content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any content for any reason, and to edit, refuse to post or remove any content submitted by you or others. We cannot and do not guarantee that we will post all content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any posting for any reason, we have no obligation to delete content that you personally may find objectionable or offensive. We do not control in real time the information posted via the Services and as such do not guarantee the accuracy, integrity or quality of such information. In addition to other disclaimers found in this agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on any message board, blog or other public forum.
Third Party Links
The Website may contain links to other websites for your convenience. We do not control the linked websites or the content provided through such websites, and we have not reviewed, in their entirety, such websites. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third party products, services, or publications within the Website do not imply endorsement of, and we are not responsible for and disclaim any endorsement of, any such product, service, or publication.
Acceptable Use Policy
You agree not to use the Information, Services, or the Website to take any action(s) that:
a) are contrary to the Appalachia Funders Network’s public image, goodwill, reputation, or otherwise not in furtherance of our Mission;
b) infringe on our or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
c) express or imply that any of your statements, activities, or causes are endorsed by us, without our prior written consent in each instance;
d) violate any applicable law, statute, ordinance, or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
e) are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic, or obscene;
f) transmit any trade secret or other material, non-public information about any person, company, or entity without the authorization to do so;
g) restrict or inhibit any other visitor from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
h) modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;
i) remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services;
j) sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever;
k) “frame” or “mirror” any part of the Website without our prior written authorization;
l) distribute any virus, worm, or other similar or deleterious files, scripts, or programming routines;
m) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of the AFN or its licensors or suppliers;
n) involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
o) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication, and security measures;
p) forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
q) execute any form of AFN monitoring or run a AFN analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Website’s servers or any data not intended for you; and/or
r) harvest or collect information about Website visitors or members without their express consent.
Improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and/or civil or criminal liabilities.
Online Donations and Other Transactions
In order to make on-line donations or register or purchase tickets to events, you must submit the necessary contact and payment information, which includes or may include, without limitation, your name, billing and shipping addresses, credit card or other payment information and email address. You understand that any such information will be treated by us in the manner described in our Privacy Policy. By providing such information to us by any means (e.g., email, fax, telephone, mail, crowdfunding platform, etc.), you agree that all such information will be accurate, current, and complete and that you have the lawful right to provide such information to the AFN for use in processing your orders or receiving your donations via the Website. In order to make online donations, you must be 18 years of age or older.
By using the Website’s payment methods (e.g., VISA, Mastercard, Paypal, etc.), you confirm that you possess the legal authority to enter into the conditions of use for the Website, including without limitation, instructing us or our authorized vendors to collect any payments from a credit or debit card, and to use the Website in accordance with this Agreement. You expressly authorize us or our authorized vendors to charge the credit card (or other applicable payment mechanism) provided by you for any outstanding fees or costs due to us or any donations submitted online via the Website. Verification of information applicable to a donation may be required prior to acceptance.
Ownership
The Website is owned and operated by the Appalachia Funders Network and its licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are, and will remain, the property of the AFN and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service or Information without our prior written consent. The Information, Website, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by the AFN or, if so indicated in writing by the Network, its licensors or suppliers. Use of the Website or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or any Services or Information.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered trademarks of the Appalachia Funders Network, our licensors and suppliers, and/or others. Nothing contained in this Agreement or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of the Network, the AFN licensors, or suppliers, or the third party owner of any such Trademark.
Parental Consent
You hereby affirm that you are over the age of 12, as this Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
The Appalachia Funders Network does not knowingly solicit data from children or knowingly market to children. Although we offer youth programs, they are marketed to parents and school administrators. We are concerned about the safety of children and their use of the Internet and, in accordance with the U.S. Children’s Online Privacy Protection Act, we do not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that we receive actual knowledge that we have collected such personal information without the requisite and verifiable parental consent, we will delete that information from the Website as quickly as reasonably practicable.
The AFN wishes to inform you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website of GetNetWise.org (http://www.getnetwise.org/).
Claims of Copyright Infringement
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Appalachia Funders Network infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the AFN to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) 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 (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to:
By mail:
Appalachia Funders Network
420 Main St, Hazard, KY 41701
By email: [coordinator AT appalachiafunders DOT org]
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Surveys and Questionnaires
Any surveys or questionnaires that are accessible through the Website are governed by specific rules. By completing such surveys or questionnaires you agree to and will be subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such surveys and questionnaires.
Term & Termination
This Agreement is effective from the date that you first access the Website or submit any information to the Network, whichever is earlier, and shall remain effective until terminated in accordance with its terms. The Appalachia Funders Network may immediately terminate this Agreement, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all the AFN rights of ownership shall survive any termination.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website, or any part or portion thereof. Nothing in this Agreement shall be construed to obligate the AFN to maintain and support the Website, or any part or portion thereof, during the term of this Agreement.
Disclaimers
THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
There is no warranty, representation, or guarantee that the Website, or your use of the Website, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the Website, or any information, software, or other material accessible from the Website, is free of viruses or other harmful components. We do not warrant, guarantee, or make any representation regarding the use of, or the results of the use of the Website either in terms of its compatibility with hardware or other software or equipment, and you assume all responsibility and risk for your use of the Website and/or Services and Information and your reliance thereon.
Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER AFN NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, OR LINKED WEBSITE, AS APPLICABLE. THE APPALACHIA FUNDERS NETWORK’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION AND/OR SERVICES, SHALL BE THE TOTAL OUT-OF-POCKET AMOUNT ACTUALLY PAID TO THE AFN BY YOU FOR USE OF THE WEBSITE, INFORMATION, AND/OR SERVICES.
Indemnification
You agree to fully indemnify, defend, and hold the Appalachia Funders Network, our fiscal sponsor, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Website or other websites to which the Website is linked; and/or (d) your willful misconduct or gross negligence.
Jurisdictional Issues
The Website is managed in the State of Kentucky, United States of America, and the Information, Website, and Services are solely directed to individuals residing in the United States. The AFN makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website, or any content or functionality of the Website or portion thereof, is illegal is expressly prohibited. If you choose to access the Website from locations other than the United States, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
Miscellaneous
This Agreement is governed by the laws of Kentucky, United States of America, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Perry County, Kentucky, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by the AFN as provided herein or otherwise by written instrument signed by the Network. This Agreement or any right, obligation, or remedy hereunder is not assignable, transferable, delegatable, or sublicensable by you except with the Network’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. The AFN may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Contacting Appalachia Funders Network
If you have any questions, comments or complaints about this Agreement or our Website, please contact us:
Appalachia Funders Network
420 Main St, Hazard, KY 41701
By email: coordinator AT appalachiafunders DOT org