GENERAL TERMS OF USE

Welcome to the website of Valley Community Fund (VCF), a New Hampshire corporation, generally referred to in these terms and Conditions as VCF  As is true for many other websites, this web ite has rules that apply to your use of this Site and to any services available through this Site. Those rules, referred to as “terms of use,” are set forth in this Terms of Use Agreement. You must evidence your acceptance of these terms of use by clicking on the “I accept” button on the applicable page. By accepting the terms of use, you are agreeing to comply with and be bound by the following terms of use and acknowledge acceptance of other matters applicable to your relationship with this site. Please review them carefully.

You understand that your donation made by credit card or other bank transaction is not under VCF’s control and will most likely bear a credit card service fee of approximately three percent (3%).

This Site is owned by Valley Community Fund Inc

Cookies: The Web Site’s service application uses session and persistent cookies to authenticate and facilitate user logins. These cookies collect the user’s name, email, phone, and fax number which allows access to our online databases without requiring the re-entry of any login data. Furthermore, these cookies have a life span of 30 days. If you do not wish for this file to be stored on your hard drive you may disable the use of cookies from your browser. This feature is usually found in the Security or Preference settings of your browser.

Trademarks. The name Valley Community Loan Fund and the logo and other names for Valley Community Loan Fund Inc.’s products and services are trademarks/service marks of Valley Community Loan Fund. Other product and company names mentioned on the Site may be trademarks/service marks of their respective owners, which VCF has a  right to use under agreement with the owner.

Copyrights and Public Information. The content organization, graphics, design, computer code, compilation and other materials on or related to the Site are protected under applicable copyright, trademark and other proprietary and intellectual property rights of their respective owners in the broadest manner possible. The data that is published on our website is public information. There is no restriction placed on the use of such data by VCF, although certain information and names contained in the data may be owned by third parties and protected under applicable copyright, trademark and other proprietary and intellectual property rights of those third parties. You do not acquire ownership rights to any content, document or other materials viewed through the Site or obtained from the Site.

Certain information collected via our website is deemed private information such as donor information (see PRIVACY POLICY) and even if hacked does not constitute public information and must not be used under penalties of law.

Limited Right to Use. Except as may otherwise be allowed by law, the viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and charitable purposes, but not for commercial purposes including republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You agree that all copyright and other proprietary notices continue to be attached to any information transmitted to others.

Limited Rights. Your right to use of this site is limited to the purposes which are consistent with VCF’s provision of services to you for charitable purposes as determined in sole and exclusive judgment of VCF. This use does not provide you with any rights of recourse against VCF and you agree to hold VCF harmless in all manners relating to use of the site. Guest users have absolutely no rights adverse to VCF for any use or attempted use of information found in this site. VCF may revoke this license at any time.

Prohibited Behavior. You are prohibited from using the Site in any way to do any of the following: a) restrict or inhibit any other user from using and enjoying the Site; b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; c) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, robots, worms or trojan horses; d) upload, post, e-mail, or otherwise transmit, or post links to any content that facilitates hacking; e) access another person’s or entity’s account information or briefcase files without the permission of that person or entity; f)  post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right without first obtaining permission from the owner or right holder; g) upload, post or otherwise transmit any information, software or other material that contains a virus, worm, time bomb, trap door, or any other harmful component that is designed to interrupt, destroy, impair or limit the functionality, or interfere in the performance of the products and services of VCF; h) post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking; i) post, transmit or in any way exploit any information, software or other material for advertising or commercial purposes; j) solicit other users to join, become members of, or contribute money to any other online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; k) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity including, but not limited to an VCF official or employee; l) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any proprietary software deployed in connection with Valley Community Fund products and services; m) use the Site to collect personally identifying information about users of the Site in violation of the Valley Community Fund’s Privacy Policy; or n) perform any activities that the Valley Community Loan Fund determines (in its sole discretion) may be harmful to Valley Community Fund, the Site or other users of the Site.

No Unlawful Purposes. You agree that you will not use the Site or any information or services related thereto for any unlawful purpose. Valley Community Fund at its sole and absolute discretion, shall determine whether any use violates this provision.

Penalties for Signing False Documents. The New Hampshire Corporation Act provides that if a person signs a document which the person knows is false in any material respect with the intent that the document be delivered to the Secretary of State to be filed on behalf of a corporation, limited liability company, or registered limited liability partnership, the person has committed an offense. The offense is a Class A misdemeanor. The New Hampshire Business Corporation Act further provides that the offense is a NH jailable felony if the person’s intent is to defraud or harm another.

Monitoring. You understand that VCF has no obligation to monitor the Site. VCF, however, does monitor the site continually during day-to-day operations. VCF reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in VCF’s sole and absolute discretion are objectionable or in violation of this Agreement. You acknowledge that VCF reserves the right to and may from time-to-time, monitor any and all information transmitted or received through the Site, for operational and other purposes, subject to VCF’s Policies, whether or not published. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with VCF’s Policies. Use of the Site constitutes consent to such monitoring.

Third Party Sites. VCF has provided links and pointers to Internet sites maintained by third parties (“Third Party Sites”) and may from time-to-time provide third party items or materials on this Site. Any mention on this Site of products or services provided by third parties is only for purposes consistent with VCF’s Mission. VCF assumes no responsibility for those products or services, but may use those services including the results of your usage for its own purposes. Your dealings with any third parties mentioned on or found through this Site are solely between you and such third party, and are subject to any terms, conditions, warranties or representations associated with such dealings. You agree that use of Third Party Sites is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY VCF, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS VCF LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER SITE LINKED TO THE SITE.

Indemnification. You agree to defend, indemnify and hold harmless VCF, its affiliates and their officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or related to (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site; (c) any violation by you of this Agreement; and (d) any claims brought by other persons or entities arising from or related to your use of the Site, including information obtained through the Site. Indemnification by any federal, state or local governmental unit is only to the extent allowed by law.

Minors. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use the Site, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Site; and (c) the consequences of any use of the Site by such Minor.

Infringement Policy. VCF respects the intellectual property of others, and asks you to do the same. VCF reserves the right, but not the obligation, to terminate your use of the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.

Absolute right to control posting of campaigns or material. You understand that VCF has absolute control over campaigns and material posted to the site and absolute and complete discretion over approval of use of this site to support any campaign or to NOT support any campaign or material. This site cannot be used without our approval in our absolute discretion. We apply values of respect, empathy and fairness to all, among others in making these judgements.

YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY VCF. VCF MAKES NO ASSURANCES OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. YOU AGREE THAT UNDER NO CIRCUMSTANCES IS VCF LIABLE FOR ANY DAMAGES ARISING FROM USE OF THIS SITE OR ANY OTHER SITE LINKED TO THE SITE.  

Miscellaneous. This Agreement shall be treated as though it were executed and performed in New Hampshire and shall be governed by and construed in accordance with the laws of the State of New Hampshire(without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in New Hampshire. You expressly submit to the exclusive jurisdiction and venue of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. VCF’s delay or failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

Cybercrime-Hacking.  It’s a fact of life that there is a risk of cybercrime and hacking in all online communications and transactions. You accept this risk as we must. We make our best efforts to prevent cybercrime and hacking by using the best practices we can. Payment encryption services are provided by GoDaddy, our website host and by Shopify, our payment processor.

Nonexclusive-Interpretations. This agreement may not incorporate all matters applicable to common terms and conditions and you agree that VCF has the right .to claim the benefit of common terms and conditions even if not specifically included here. You agree that interpretations of this agreement shall give superior weight to the interpretation of VCF

 

Incorporated by reference
Incorporated by reference are
CHARITY TERMS OF USE
DONOR TERMS OF USE
PRIVACY POLICY

Contact information, You understand and accept that any contact information obtained by VCF in any manner is the property of VCF and VCF may use it for any legitimate purpose in its absolute discretion. VCF does not intend to sell such contact information

Extension, You understand and accept the terms and conditions herein and by extension their applicability to any communication, transactions or other matters between you and VCF whether or not you have read these terms