TERMS AND CONDITIONS OF USE
Your use of the Charlotte Area Fund (CAF) website and services (excluding any services provided by CAF provided to you under a separate written agreement) is subject to the following terms and conditions, which shall be a binding agreement between you and CAF in relation to your use of this website and any CAF services. Please read them carefully.
1. ELECTRONIC COMMUNICATIONS
When you visit CAF’s website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CAF or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of CAF, with copyright authorship for this collection by CAF, and protected by international copyright laws.
4. PROPRIETARY INFORMATION
CAF’s trademarks, symbols and trade names may not be used in connection with any product or service that is not CAF’s, in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits CAF. All other trademarks not owned by CAF or its divisions that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CAF or its divisions.
5. LICENSE AND SITE ACCESS
CAF grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CAF his license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CAF. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CAF and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing CAFs name or trademarks without the express written consent of CAF. Any unauthorized use terminates the permission or license granted by CAF. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CAF so long as the link does not portray CAF, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CAF logo or other proprietary graphic or trademark as part of the link without express written permission.
6. REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content, including suggestions; ideas; comments; questions; or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
CAF reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant CAF and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CAF and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CAF or its associates for all claims resulting from content you supply. CAF has the right but not the obligation to monitor and edit or remove any activity or content. CAF takes no responsibility and assumes no liability for any content posted by you or any third party.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY CAF ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CAF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAF DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CAF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8. LIMITATION OF LIABILITY
SUBJECT TO THE PROVISIONS SET FORTH IN PARAGRAPH 7 OF THESE TERMS AND CONDITIONS OF USE, ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAF, ITS AGENTS AND AFFILIATES, SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED,, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(1) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY MATERIAL OR CONTENT APPEARING IN THIS WEBSITE OR ANY ASSOCIATED LINKS OR ATTACHMENTS;
(2) ANY CHANGES WHICH CAF MAY MAKE TO ANY OF ITS SERVICES (OR ANY FEATURES WITHIN ANY SERVICES);
(3) THE DELETION, DISRUPTION OR CORRUPTION OF ANY DATA OR CONTENT MAINTAINED OR TRANSMITTED IN CONNECTION WITH THIS WEBSITE OR CAF’S SERVICES;
(4) YOUR FAILURE TO PROVIDE CAF ACCURATE INFORMATION; AND
(5) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON CAF’S LIABILITY SET FORTH ABOVE SHALL APPLY REGARDLESS OF WHETHER OR NOT CAF HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
9. APPLICABLE LAW
By visiting CAF, you agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CAF or its associates.
10. GENERAL LEGAL TERMS
These Terms and Conditions of Use and your relationship with CAF under said terms shall be governed by the laws of the State of North Carolina without regard to conflict of laws provisions. You and CAF agree to submit to the exclusive jurisdiction of the courts located within the County of Mecklenburg, North Carolina to resolve any legal matter arising from the Terms and Conditions of Use. Notwithstanding this, you agree that CAF shall still be allowed to apply for injunctive remedies (or equivalent type of urgent relief) in any jurisdiction.
11. SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies.These policies also govern your visit to CAF. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.