Terms of Service

Introduction

The Heron Creek Community Foundation (the “Foundation” or “HCCF”) is a collaboration of Heron Creek residents and Heron Creek Golf & Country Club members into a philanthropic organization to help those in need throughout the North Port community.  Since its inception in 2010, HCCF has awarded approximately $600,000 in grants to local non-profit organizations and accumulated a significant endowment fund to ensure that HCCF will be able to make grant awards far into the future. The Boys & Girls Club, Child Protection Center, Meals On Wheels, and Take Stock In Children are just a few of the worthwhile causes that we have sponsored over the years.  HCCF is proud of the fact that since 2010, administrative costs have been held to approximately 2%, which means that 98 cents of every dollar raised goes directly to those in need.  Our stated mission is “Working Together to Improve the Quality of Life for Our North Port Neighbors in Need”.

In committing ourselves to such a mission and vision, we also seek to properly honor those that join us through participation in our programs, products, experiences, events, or services. We are committed to protecting how members of the Foundation work with us online and how we protect their privacy in such a capacity.  As such, all collection, use and disclosure of Personal Information by the Foundation is governed by the Personal Information Protection and Terms of Service (“TOS”), and any applicable legislation.

The Terms of Service explain what Personal Information is collected from members of the Foundation and how it is used. It also explains how you can ask questions, make suggestions, and address concerns about our privacy practices.

By using the Foundation website, you hereby agree to the following TOS and Privacy Policy. We welcome your feedback and ideas on how to improve these terms. Please contact us with any and all suggestions.

1. Acceptance of Terms

The HCCF provides their services to you, subject to the following TOS, which may be updated by us without express notification. You can always review the most current version of the TOS at any time by visiting the website and clicking on the Terms of Service link in the footer. In addition, please note that particular Foundation services will be subject to posted guidelines or rules provided by HCCF staff. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. Description of Services

HCCF provides online members of the Foundation with access to countless resources, including various communications tools, Heron Creek Directory information, grant activity, event registration, newsletters, meeting minutes and content related to the Foundation through its website.  The Foundation may occasionally offer products and services consistent with the goals of the organization.  Any new features that would improve the current Services, including the release of new website, shall be subject to the TOS.

3. Your Obligations as a Visitor

In exchange for your use of the Services, you agree to provide true, accurate, current, and complete information about yourself when we kindly ask for such information (e.g., mailing lists, registration forms, etc.). If you provide any information that is untrue, inaccurate, not current or incomplete, or the Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Foundation has the respective right to remove your information from our database and refuse any and all current or future use of the Service (or any portion thereof).

HCCF collects personal contact information that you provide (for example, name, address, email address and telephone numbers) when you sign up for membership or an event, make a donation, choose to participate in a free Service or choose to purchase any paid Service. This information is used to fulfill your request, respond to your inquiries and/or keep you informed about matters of mutual concern.

4. Visitor Conduct

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are responsible for any Content that you upload, post, email, transmit or otherwise make available via the Services (and the Foundation will not be responsible). HCCF has respective limited control of the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the Foundation be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via any of the Services.

You agree to not use any of the Services to:

1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
2. Harm other visitors in any way;
3. Impersonate any person or entity, including, but not limited to, a Foundation staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. Intentionally or unintentionally violate any applicable local, provincial, state, territorial, federal or international law;
11. “Stalk” or otherwise harass another user of the Service or other person; or
12. Collect or store personal data about other users.

You acknowledge that the Foundation may not pre-screen Content, but that the Foundation and its agents and designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Services. Without limiting the foregoing, HCCF and their respective agents and designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Foundation or submitted to HCCF by a third party.

You acknowledge and agree that HCCF may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with court order, legal process or the inquiry of any court, administrative proceeding, regulatory body or other judicial proceeding; (b) enforce these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Foundation, our visitors and the public.

5. International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States, or the country in which you reside.

6. Materials Submitted or Made Available for Inclusion on the Service

The Foundation does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant HCCF the following worldwide, royalty free and non-exclusive license, as applicable:

With respect to Content (including written materials, photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

7. Exemption from Penalties

You agree to exempt from penalties and hold HCCF, and their respective affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms of service or your violation of any rights of another.

8. Other Web Links

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Foundation has no control over such sites and resources, you acknowledge and agree that HCCF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

9. General Information

These Terms of Service constitute the entire agreement between you and the Foundation, and govern your use of the Services, despite any prior agreements between you and the Foundation. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The laws of the State of Florida and the federal laws of the United States applicable therein shall govern the TOS, and the relationship between you and the Foundation. You, and the Foundation agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida. The failure of the Foundation to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

10. Modifications to Service

HCCF reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Foundation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. Termination

You agree that the Foundation, in their respective sole discretion, may remove your information from our database system or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if the Foundation believes that you have violated or acted inconsistently with the letter or spirit of the TOS. HCCF may also in their respective sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that the Foundation may immediately deactivate or delete your information from our database system and/or bar any further access to the Service. Further, you agree that the Foundation shall not be liable to you or any third-party for any termination of your access to the Service.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HCCF HAS EXPRESSLY DISCLAIMED ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HCCF OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HCCF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HCCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

14. Violations

Please report any violations of the TOS to HCCF via info@heroncreekfoundation.org.