Terms of Use

This website at www.fiscalhealthnc.com (“Website”) is owned and operated by the North Carolina Coalition for Fiscal Health (“NCCFH”).  The following terms of use (“Terms of Use”) govern your use of the Website on any platform or application and in any format now known or later developed by us.

Please read these Terms of Use carefully and indicate your agreement by clicking “I agree” on the registration screen.  If you do not agree to these Terms of Use, do not use the Website.  NCCFH has the right, at its sole discretion, to enhance, change or discontinue all or part of the Website any time.  We may update or change these Terms of Use from time to time, in which case we will post the revised Terms of Use on the Website.  

For information regarding NCCFH’s Privacy Policy, please click here.

USER REGISTRATION, PASSWORDS, AND SECURITY

 In general, you may download, access, and use the NCCFH Platforms for free in accordance with these Terms of Use.  Users may also post, upload, and submit information to the NCCFH Platforms for free depending on the functionality of the application and in accordance with these Terms of Use.  To use the Website, you must register and create an account.  You may also link the Website to an existing social media account, such as a Facebook account (“Linked Services”). 

 By using the Website, you agree to (i) provide accurate and complete information in any submission, registration, or updates that you input on the Website (“Registration Data”), (ii) maintain the security of your username and password at all times, and (iii) be fully responsible for the full use of your account.  If any information that you provide as part of the Registration Data is not true, accurate, current or complete, we may suspend or terminate your right to use the Website.

 You are responsible for maintaining security and control over any online identifier, e-mail address and password that you create to use the Website.  We are not responsible for any losses arising out of the unauthorized use of your accounts or the Website.  If you believe that the security of your username and/or password has been compromised, you agree to immediately change your username and/or password to eliminate this security risk.  You will notify us of any known or suspected unauthorized use, activities or disclosure of the Website, or any other breach of security. 

NO PERSONS UNDER 18

The NCCFH Platforms are not designed for, or targeted to, persons under the age of 18.  You represent and warrant that you are more than 18 years of age or an emancipated minor, that you are fully competent, and that you otherwise possess the legal right and ability to use the Website Platforms in accordance with these Terms of Use.  

CONSENT TO RECEIVE COMMUNICATIONS

If you register to receive notifications, alerts, e-mails or any other communications from us, you consent to receive such communications.  You may, at any time, opt out of these communications using the prompts contained at the bottom of the communications.

If you provide a mobile telephone number or any other device information that allows you to receive SMS communications, text messages, or other similar communications, you are specifically providing NCCFH prior express written consent authorizing us to call you or send text messages for any purposes, including commercial purposes.  These text messages may be automated.

FUNCTIONALITY AND PROHIBITED USES OF THE WEBSITE

Functionality

NCCFH may limit the amount of memory, disk space, activity, bandwidth or any other resources available on the Website.  Periodically, the Website may become unavailable due to required maintenance or other reasons.  NCCFH assumes no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft or destruction or unauthorized access to, or alteration of any content or information that you submit on, to or through the Website. 

The Website and all of the services offered on the Website are provided “as is” without express or implied warranty of any kind (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement).  In no event will the NCCFS be liable for damages of any kind, including without limitation any special, indirect, incidental, or consequential damages.

Prohibited Uses

  • You will not manipulate the Website by any means, including but not limited to the use of bots, botnets, automated scripts or other automated or electronic means.  You will not plant viruses or disturb our system through any Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which might overburden, impair or disrupt the Website or any Website user’s use, access, or experience.
  • You will not interfere with, tamper, with, damage, or modify the Website in any way whatsoever, including, but not limited to, by trespass, burdening network capacity, repeatedly posing the same or similar content, or uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
  • You will not circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any NCCFH Content or enforce limitations on use of the Website. 
  • You will use the Website only for personal, private, non-commercial purposes.

CONTENT ON THE WEBSITE

Proprietary Content of NCCFH

All content used on and in the Website and the functionality thereof, including without limitation, the text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features and the like, and the trade secrets, trademarks, trade names, service marks, copyrights, and logos contained therein (“NCCFH Content”), are owned by or licensed to NCCFH and are proprietary and protected by applicable intellectual property law.  No rights are conferred upon you, either expressly or by implication, to use the NCCFH Content.  Except as explicitly permitted by the Terms of Use or the functionality of the Website, the NCCFH Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works, or otherwise exploited for any other purposes whatsoever without our prior written consent.  We may change any of the NCCFH Content without notice. 

We Do Not Control Third-Party Content 

Certain content on the Website contain content, products, resources, and services from third parties, including User Submissions (defined and discussed below).  We may provide links, advertisements, solicitations, data, or information related to third parties and their materials.  We have no control over such third parties and their materials, and, as such, you agree that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products, or other materials from such third parties.  You agree that you assume full responsibility when you choose to access third-party material or follow any links that lead you to third-party websites.  You should review the terms of use and privacy policies of these third-party websites. 

User Submissions – What You Can and Cannot Submit

Subject to these Terms of Use, users may upload and/or post to the Website data and digital media as may be permitted from time to time by the Website, which may include audio, text, photos, geo-location data, user profile information, commentary, and other digital content, data, or information supplied by you and other users (“User Submissions”).  By uploading or posting User Submissions, you acknowledge that NCCFH will store User Submissions on its servers through an automatic process for use in the Website and that NCCFH does not review, approve, or otherwise assist in the creation of User Submissions.  

For each of your User Submissions, you agree that:

  • You are responsible for your User Submissions.  You are solely responsible for all of your User Submissions posted, uploaded, published, made available, or displayed on the Website, and for your interactions with other users.
  • You must have the rights to all content in your User Submissions.  Each of your User Submissions, and each and every part thereof, is an original work by you, or you have all of the full and necessary legal rights and authority, including but not limited to, copyrights, trademarks, rights of attribution, rights to credit, neighboring rights, moral rights, or any other intellectual property or proprietary rights, in order to use and to authorize NCCFH to use, or, where relevant, to grant NCCFH the licenses in and to the content, pursuant to these Terms of Use, on behalf of yourself and any composers, publishers, authors, or other third parties.
  • You will not infringe on the rights of others.  Each of your User Submissions does not and will not infringe upon or violate the rights of any third party, including, without limitation, copyright, trademark, intellectual property rights, rights of privacy or publicity, real property rights, or rights in confidential information.
  • You will not submit prohibited content.  Your User Submissions do not contain falsehoods, misrepresentations, or deceptive or material that is unlawful, obscene, patently offensive, defamatory, libelous, threatening, sexually explicit, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, trespass, give rise to civil liability, violate any law, and is not otherwise inappropriate or objectionable.
  • You will not use the Website for commercial activities, spam, scams, or advertising.  Your User Submissions do not contain any unsolicited or unauthorized advertising, promotional messages, mass email, spam, or any other form of solicitation involving commercial activities and/or sales without NCCFH’s prior written consent, such as contests, sweepstakes, advertising, pyramid schemes, or any communication that violates the CAN-SPAM Act.
  • You waive moral rights in your User Submissions.  You hereby irrevocably and unconditionally waive any and all moral and like rights that you may have in your User Submissions and hereby agree not to make any claim based on such moral or like rights with respect to our use of your User Submissions in accordance with the terms of these Terms of Use.
  • We are free to use your User Submissions on the Website.  We are free to use your User Submissions in accordance with the terms of these Terms of Use.
  • You will not be paid for your User Submissions.  We shall not be required to make any payments to you or any person or entity with respect to your User Submissions.
  • Your User Submissions will not harm anyone.  Your User Submissions do not post information that poses or creates a safety or security risk to any person. 

We are under no obligation to post or use any User Submissions, and we may remove User Submissions at any time for any reason in our sole discretion

We reserve the right to decide whether a User Submission is appropriate and complies with these Terms of Use.  We assume no responsibility or liability for the deletion, corruption, or loss of any User Submissions or its failure to receive or store User Submissions for any reason, including, without limitation, malfunctioning of any network, hardware, or software.  Removal of User Submissions from your NCCFH account will not automatically result in the deletion of the relevant files from NCCFH’s systems and servers.  Once a User Submission is uploaded to the Website, NCCFH is not obligated to ensure the deletion of the content from any servers or systems operated by NCCFH or to require that any user delete any specific material. 

User Submissions - Your Grant of Rights to Us 

By submitting the User Submissions on the Website, you grant us a worldwide, non-exclusive, royalty-free, sublicenseable, transferable, perpetual, and irrevocable license to use, reproduce, distribute, modify, delete from, add to, publicly display, and publicly perform your User Submissions for any purpose whatsoever in connection with the Website, including, without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels, and including, without limitation, distributing content to third-party website, social media platforms, or other third party (“Third Party Services”) linked by you, by us, or any other user to the Website.  You agree that once content is incorporated in and distributed to a Third Party Service, NCCFH does not have the ability or the obligation to delete or ask other users or the Third Party Service to delete that content, and therefore it may continue to appear subject to the policies of and your agreement with the Third Party Service.  You also hereby grant each NCCFH user a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. 

DMCA COPYRIGHT NOTICE INFORMATION AND INFRINGEMENT POLICIES

If you are a copyright holder who believes that any of the products, services, or content which are directly available via the Website contains infringing copies of your work, please notify our DMCA registered agent at info@fiscalhealthnc.com with the subject line “DMCA Notice.”  You may also send us a notice in writing to North Carolina Coalition for Fiscal Health, Attn: DMCA Agent, P.O. Box 2291, Durham, NC 27702.

Your notice must include (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright, (b) identification of the copyrighted work or works claimed to have been infringed, (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, (d) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address), (e) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner, and (f) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner. 

It is our policy to respond promptly to a valid DMCA notice by removing or disabling access to allegedly infringing material and to notify the user(s) who posted the infringing material.  It is also our policy to disable and/or terminate a user’s access to the Website if we determine, in our discretion, that the user is a repeat infringer of copyrighted material.  

TERMINATION

If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms of Use, we may, in our sole discretion, without notice to you, terminate, suspend, disable, or prohibit your access to the Website.  If your access has been terminated, we may, but we are not obligated to, irretrievably delete any and all content we have stored pertaining to activity from your user name and account (and from your Linked Services user name and account).  You may terminate this agreement at any time by simply discontinuing use of the Website. 

LEGAL DISPUTES 

Choice of Law, Venue, and Jurisdiction

NCCFH’s Terms of Use are governed by the State of North Carolina.  You expressly agree that exclusive jurisdiction for any claim or dispute with NCCFH, concerning these Terms of Use, or relating in any way to your use of the Website, resides in the federal and state courts located in North Carolina.  You further agree that neither you nor NCCFH will participate in a class action or claims brought in a private attorney general or representative capacity, if NCCFH is a party to such a proceeding. 

Indemnification

You agree to indemnify, defend and hold harmless NCCFH and its respective directors, officers, employees, agents, partners, clients and contractors from and against any loss, liability, claim, demand, damage, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Website, your violation of these Terms of Use, or your violation of any rights of another user of the Website. NCCFH reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

No Obligation to Participate in Disputes Between Users

If there is a dispute between persons who are users of the Website, or between a user and any third party, you understand and agree that we are under no obligation to become involved in any respect.  In the event that you have a dispute with one or more other users, you release NCCFH and its officers, employees, agents, representatives and successors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.

MISCELLANEOUS

Failure by NCCFH to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.  These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NCCFH without restriction.  If any provision of these Terms of Use, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms of Use shall nevertheless remain in full force and effect.

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