These terms of use are entered into by and between you and Habitat for Humanity Cape May County.
(“HHCMC”). The following terms and conditions of use (Terms of Use”) govern your access to and use
of habitatcapemaycounty.org/ and/or any domain name owned or controlled by HHCMC, including any
content, functionality, and/or services offered on or through the same (collectively, the “Website”).
Please read the Terms of Use carefully before you start to use the Website. By accessing and using the
Website, you accept and agree to be legally bound and abide by these Terms of Use and HHCMC’s
Privacy Policy, found at PRIVACY POLICY, incorporated herein by reference. If you do not
want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
The Website is offered and available to individuals who are 18 years of age or older and reside in the
United States. By using this Website, you represent and warrant that you are of legal age to form a
binding contract with HHCMC and meet all of the foregoing eligibility requirements. If you do not meet
all of these requirements, you must NOT access or use the Website.
Changes to the Terms of Use
HHCMC may change, add, or remove portions of these Terms of Use from time to time in its sole
discretion and without notice, and such changes shall become effective immediately upon posting. It is
your responsibility to review the Terms of Use prior to each access or use of the Website, and by
continuing to use the Website you agree to any changes, additions, and/or removals.
Accessing the Website and Account Security
HHCMC reserves the right to withdraw or amend the Website, and any content, service or material it
provides on the Website, in its sole discretion without notice. HHCMC will not be liable if for any reason
all or any part of the Website is unavailable at any time or for any period. From time to time, HHCMC
may restrict access to some parts of the Website, or the entire Website, to users, including registered
users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration
details or other information. It is a condition of your use of the Website that all the information you
provide on the Website is correct, current, and complete. You agree that all information you provide to
register with this Website or otherwise, including, but not limited to, through the use of any interactive
features on the Website, is governed by HHCMC’s Privacy Policy, and
you consent to all actions HHCMC takes with respect to your information consistent with the Privacy
Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of
HHCMC’s security procedures, you must treat such information as confidential, and you must not
disclose it to any other person or entity. You also acknowledge that your account is personal to you and
agree not to provide any other person with access to this Website or portions of it using your username,
password, or other security information. You agree to notify HHCMC immediately of any unauthorized
access to or use of your username or password or any other breach of security. You also agree to ensure
that you exit from your account at the end of each session. You should use particular caution when
accessing your account from a public or shared computer so that others are not able to view or record
your password or other personal information.
HHCMC has the right to disable any username, password, or other identifier, whether chosen by you or
provided by HHCMC, at any time in HHCMC’s sole discretion for any or no reason, including if, in
HHCMC’s opinion, you have violated any provision of these Terms of Use.
Content Copyright
All content available on this Website, 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 HHCMC or by
other parties that have licensed their material to HHCMC. 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 HHCMC’s express permission.
Linked Sites
The Website may contain links to other sites that are not operated or managed by or on behalf of
HHCMC. HHCMC does not endorse and is not responsible for the content of any such linked-to sites.
The links to these sites are for your convenience only, and you access them solely at your own risk and
subject to the terms and conditions of use for such websites. HHCMC has no control over the contents of
those sites or resources and accept no responsibility for them or for any loss or damage that may arise
from your use of them.
HHCMC 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 HHCMC. 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 HHCMC’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 HHCMC’s prior written consent.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree
not to use the Website:
· In any way that violates any applicable federal, state, local, or international law or regulation
(including, without limitation, any laws regarding the export of data or software to and from the
US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable information, or
otherwise.
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply
with the requirements set out in these Terms of Use.
· To transmit, or procure the sending of, any advertising or promotional material including any
“junk mail,” “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate the HHCMC, a HHCMC employee, another user, or
any other person or entity (including, without limitation, by using email addresses or other
identifiers associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the
Website, or which, as determined by us, may harm HHCMC or users of the Website, or expose
them to liability.
Additionally, you agree not to:
· Access or use the Website in any manner that could disable, overburden, damage, or impair the
Site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access or use the Website
for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website, or for any other
purpose not expressly authorized in these Terms of Use.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful or otherwise compromises (or attempts to compromise) the Website.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer, or database
connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin
boards, social media pages (including links to same) and other interactive features (collectively,
“Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or
other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or
through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By
providing any User Contribution on the Website, you grant HHCMC and its affiliates and service
providers, and each of their and HHCMC’s respective licensees, successors, and assigns the right to use,
reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material
for any purpose.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the
license granted above to HHCMC and its affiliates and service providers, and each of their and
HHCMC’s respective licensees, successors, and assigns.
· All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or
contribute, and you, not HHCMC, have full responsibility for such content, including its legality,
reliability, accuracy, and appropriateness.
HHCMC is not responsible or liable to any third party for the content or accuracy of any User
Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
HHCMC has the right to:
· Remove or refuse to post any User Contributions for any or no reason in its sole discretion.
· Take any action with respect to any User Contribution that HHCMC deems necessary or
appropriate in its sole discretion, including if HHCMC believes that such User Contribution
violates the Terms of Use, including the Content Standards, infringes any intellectual propertyright or other right of any person or entity, threatens the personal safety of users of the Website or
the public, or could create liability for HHCMC.· Disclose your identity or other information about you to any third party who claims that material
posted by you violates their rights, including their intellectual property rights or their right to
privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any
illegal or unauthorized use of the Website.
· Terminate or suspend your access to all or part of the Website for any or no reason, including
without limitation, any violation of these Terms of Use.
Without limiting the foregoing, HHCMC has the right to cooperate fully with any law enforcement
authorities or court order requesting or directing HHCMC to disclose the identity or other information of
anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS
HHCMC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY HHCMC OR ANY OF THE FOREGOING PARTIES
DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES
OR LAW ENFORCEMENT AUTHORITIES.
However, HHCMC cannot and does not review all User Contributions before it is posted to Interactive
Services, and cannot ensure prompt removal of objectionable material after it has been posted.
Accordingly, HHCMC assumes no liability for any action or inaction regarding transmissions,
communications, or content provided by any user or third party. HHCMC has no liability or responsibility
to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state, local, and international laws
and regulations as well as any third party terms and conditions applicable to the applicable Interactive
Services. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent,
hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race,
sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other
rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under applicable laws or regulations
or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [LINK TO
PRIVACY POLICY].
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or
annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or
organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions,
barter, or advertising.
· Give the impression that they emanate from or are endorsed by HHCMC or any other person or
entity, if this is not the case.
Copyright Infringement
HHCMC 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 HHCMC’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 HHCMC to locate the material; Information reasonably sufficient to
permit HHCMC 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 Cape May County
Attn: Executive Director
20 Court House South Dennis Road
Cape May Court House, NJ 08210
Email: executive.director@habitatcapemay.org
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information
purposes. HHCMC does not warrant the accuracy, completeness, or usefulness of this information which
is presented as-is and with all faults. Any reliance you place on such information is strictly at your own
risk. HHCMC disclaims all liability and responsibility arising from any reliance placed on such materials
by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users,
bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements
and/or opinions expressed in these materials, and all articles and responses to questions and other content,
other than the content provided by HHCMC, are solely the opinions and the responsibility of the person
or entity providing those materials. These materials do not necessarily reflect the position or opinion of
HHCMC. HHCMC is not responsible, or liable to you or any third party, for the content or accuracy of
any materials provided by any third parties.
Information About You and Your Visits to the Website
All personally identifiable information HHCMC collects on this Website is subject to its Privacy Policy.
By using the Website, you consent to all actions taken by HHCMC with
respect to your personally identifiable information in compliance with the Privacy Policy.
Disclaimer of Warranties
You understand that HHCMC cannot and does not guarantee or warrant that the Website (or any part
thereof) will be free of viruses or other destructive code. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy
of data input and output, and for maintaining a means external to our site for any reconstruction of any
lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, HHCMC WILL NOT BE LIABLE FOR
ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,
VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT
YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY
MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT,
OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER HHCMC NOR ANY PERSON ASSOCIATED WITH HHCMC
MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER HHCMC NOR ANYONE ASSOCIATED
WITH HHCMC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE
WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, HHCMC HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICBALE LAW, IN NO EVENT WILL HHCMC,
ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE,
THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH
OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, MULTIPLE OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE,
LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, ATTORNEYS’ FEES, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF
FORESEEABLE.
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.
GOVERNING LAW AND JURISDICTION
ALL MATTERS RELATING TO THE WEBSITE AND THESE TERMS OF USE, AND ANY
DISPUTE OR CLAIM ARISING THEREFROM OR RELATED THERETO (IN EACH CASE,
INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS), SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY,
WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE
(WHETHER OF THE STATE OF NEW JERSEY OR ANY OTHER JURISDICTION).
ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF, OR RELATED TO, THESE
TERMS OF USE OR THE WEBSITE SHALL BE INSTITUTED EXCLUSIVELY IN THE FEDERAL
COURTS OF THE UNITED STATES IN THE DISTRICT OF NEW JERSEY OR THE COURTS OF
THE STATE OF NEW JERSEY. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE
OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.
Waiver and Severability
No waiver by HHCMC of any term or condition set out in these Terms of Use shall be deemed a further
or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure
of HHCMC to assert a right or provision under these Terms of Use shall not constitute a waiver of such
right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be
invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the
minimum extent such that the remaining provisions of the Terms of Use will continue in full force and
effect.
Entire Agreement
The Terms of Use and HHCMC’s Privacy Policy constitute the sole and entire agreement between you
and HHCMC regarding the Website and supersede all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by:
Habitat for Humanity Cape May County
20 Court House South Dennis Road
Cape May Court House, NJ 08210
609-463-0244
All notices of copyright infringement claims should be sent to the copyright agent designated above in the
manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the
Website should be directed to: executive.director@habitatcapemay.org.
Last Modified: December 6, 2023