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Freddie Stowers Vetereans Memorial Park
Website Terms and Privacy Policy

WEBSITE TERMS OF USE

These Terms of Use (“Terms”) set forth a legally binding agreement between you and Freddie Stowers Veterans Memorial Park (“FSVMP”, “we”, “our”, or “us”) and governs your use of our website, https://www.freddiestowersvetmempark.org/  (the “Site”).

 

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING MOHM’S LIABILITY AND REQUIRING DISPUTES BE RESOLVED ON AN INDIVIDUAL, NON-CLASS BASIS.

 

These Terms may change over time, in which case we will post the modified Terms on this page and change the Effective Date. Your continued use of the Site following a change to these Terms signals your acceptance of the modification(s). By using the Site, you acknowledge and agree to all terms and conditions contained in these Terms and you consent to the collection, use, and sharing of your information as described in our Privacy Policy. If you do not agree to these Terms, please do not use the Site.

Use of this Site

Content. The Site may contain: (i) materials and other items relating to FSVMP and its services including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Site; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of FSVMP; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, title, and interest in and to the Site and the Content is the property of FSVMP, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible.

 

Limited License. Subject to your strict compliance with these Terms, FSVMP grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, and use the Site, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, the Site or any Content; and (ii) may be immediately suspended or terminated for any reason, in FSVMP’s sole discretion, and without advance notice or liability. Your unauthorized use of the Site or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.  In addition, from time to time, the Site may provide downloadable products or services, these downloadable products or services may have separate licensing terms that will be provided at the time of download and will control over these Terms to the extent there is a conflict.

 

Restrictions. If you access or otherwise use the Site, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that if you access the Site, you will do so under the supervision of a legal guardian who agrees to be bound to these Terms on your behalf. The Site is not intended for children under the age of 13 and we do not knowingly collect personal information online from individuals under the age of 13. If we become aware that we have obtained personal information from a child under the age of 13, we will delete such information in accordance with applicable law.

 

You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Site and Content. You further agree that you will not: (i) use the Site or Content for any political or commercial purpose other than supporting FSVMP; (ii) engage in any activity in connection with the Site or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to FSVMP; (iii) harvest any information from the Site or Content; (iv) infringe any intellectual property or other right of any third party; (v) reverse engineer or modify the Site or Content; (vi) interfere with the proper operation of the Site or its security features; (vii) use the Site or Content in a manner that suggests an unauthorized association with FSVMP or any other party, or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms.

 

Reservation of All Rights. All rights not expressly granted to you are reserved by FSVMP and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Site or Content for any purpose is prohibited.

 

Donation Page. The Freddie Stowers Veterans Memorial Park is primarily funded through private contributions.  We invite you to join the movement to honor all who have served in the armed forces, answering the call of duty.  All donations through the Site are process our third-party payment processor, Foothills Community Foundation of Anderson, SC. Foothills Community Foundation processes your information to complete all donations. If you have made an error while making a donation on our website, please email AndersonVeteransMemorial@gmail.com. Refunds are returned using the original method of payment. Foothills Community Foundation is a 501(c)(3) non-profit organization form in 1999,  EIN: 58-54533349.

Access To Site

You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Site or to receive any communications from FSVMP.

 

The Site may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of FSVMP, access to the Site may be interrupted or suspended from time to time. FSVMP will have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, Content, availability, and equipment needed for access or use.

 

FSVMP may immediately suspend or terminate the availability of the Site, in whole or in part, to any individual user or all users, for any reason, in FSVMP’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Site, or upon notice from FSVMP, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.

Content You Submit

You may now or in the future have the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, “Submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personal information, or other information or materials and the ideas contained therein (collectively, but excluding any Content included therein, “User Content”). You acknowledge that any User Content that you Submit through the Site will be deemed to be non-confidential and may be disclosed through the Site to other parties on a worldwide basis, including for browsing, downloading, printing, and other uses by such other persons or entities.

 

You agree that FSVMP will have, and hereby grant to FSVMP, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, or use, in any form or media, any User Content that you Submit to FSVMP. FSVMP does not endorse any User Content, or third-party product or service that may appear in connection with use of the Site. Nothing in these Terms will obligate FSVMP to use any User Content you Submit or permit the posting of such User Content on any website or platform.

 

FSVMP does not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you Submit are deemed User Content and licensed to us as set forth above. FSVMP’s receipt of your Unsolicited Ideas and Materials is not an admission by FSVMP of their novelty, priority, or originality, and it does not impair FSVMP’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

 

You agree not to Submit User Content through this Site or to FSVMP except for User Content that is fully authorized for purposes of the Site and compliant with these Terms. By providing User Content in connection with the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to Submit the User Content. It is your obligation to determine the extent to which User Content you Submit is protected by applicable intellectual property laws. You agree that you will not engage in any activity or conduct on the Site, or Submit any User Content or other material, that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable or damaging to FSVMP.

 

You will Submit only User Content that is functionally and technically compatible with this Site. You will not attempt to damage, corrupt, tamper with, or infect the Site, the Content, or any information or telecommunication system of FSVMP with a virus or other malicious computer program. You will only use the Site for the permitted purposes stated in these Terms and will not engage in abusive activity with respect to the Site or undertake any other activity which may adversely affect the use or enjoyment of the Site by any person. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., network probing tools) is strictly prohibited. If you become involved in any violation of system security, FSVMP reserves the right to release your details to system administrators of other websites and services and law enforcement authorities in order to assist them in resolving security incidents.

Reliance on Site Content and Content Accuracy

FSVMP assumes no responsibility regarding the accuracy, currency, or usefulness of the Content provided by or presented on the Site. Any reliance you place on such information is strictly at your own risk. FSVMP disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its Content.

 

FSVMP will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to service or product descriptions, pricing, availability, and other matters. FSVMP reserves the right to correct any errors and to update Site information at any time.

Warranty Disclaimer

THE SITE, ITS CONTENT, AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. FSVMP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREEDOM FROM MALWARE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitations on Liability and Remedies

FSVMP’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH FSVMP (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SITE. FSVMP, ITS AFFILIATES, AND ITS VENDORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, RECEIPT OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MOHM HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FSVMP’S, ITS AFFILIATES’, AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF FSVMP WILL BE LIMITED TO ANY AMOUNT PAID TO FSVMP BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE THE CLAIM.

Waiver of Injunctive or Other Equitable Relief

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY FSVMP.

Dispute Resolution / Class Action Waiver

IMPORTANT: THIS SECTION LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.

 

In the unlikely event that a disagreement arises between you and FSVMP, please first contact us directly by emailing Andersonveteransmemorial@gmail.com so that we may work in good faith to find a mutually agreeable solution.

CLASS AND COLLECTIVE ACTION WAIVER:

You and FSVMP explicitly agree to the fullest extent allowable and enforceable under applicable law, that any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Site, or these Terms (collectively, “Dispute”) must be decided on an individual basis. You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of FSVMP, or third party if FSVMP could be liable, directly, or indirectly, for such Dispute. NO DISPUTE WILL BE LITIGATED ON A CLASS OR REPRESENTATIVE BASIS. You and FSVMP explicitly agree that no judge may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of FSVMP. You and FSVMP explicitly agree that a judge may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in this Agreement, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the entirety of this Dispute Resolution provision (Section 8) will not apply, and the Dispute must be brought exclusively in a state or federal court in Delaware. Accordingly, you and FSVMP consent to the exclusive personal jurisdiction and venue of such courts for such matters.

indemnification

You agree to defend, indemnify, and hold harmless FSVMP from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) brought by a third party arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Site; (iii) your User Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. FSVMP reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with FSVMP’s defense of any claim. You will not in any event settle any claim without the prior written consent of FSVMP.

Third-Party Sites and Other Information

The Site may contain, as a convenience to you, content, links, and other information submitted by third parties over whom FSVMP has no control or responsibility. FSVMP has no obligation to monitor, control, or restrict the use of the Site, or third-party websites or services accessible via links available as part of the Site. These other websites or services are not under FSVMP’s control, and you acknowledge that, whether or not such websites or services are affiliated in any way with FSVMP, FSVMP is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by FSVMP or any association with its operators.

Electronic Communications

We may communicate with you electronically with regard to the Site, including by email, and we may collect information related to communications between you and FSVMP. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site, your action is intended as an electronic signature which binds you as if you had signed on paper.

General Provisions

Severability; Interpretation; Assignment. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The summaries of provisions and Section headings are provided for convenience only and will not limit the full Terms. FSVMP may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of FSVMP.

 

Complete Agreement; No Waiver. These Terms reflect our complete agreement regarding the Site and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Site. Except as expressly set forth in these Terms, (i) no failure or delay by FSVMP in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by FSVMP.

 

Investigations; Cooperation with Law Enforcement. FSVMP reserves the right to investigate and prosecute any suspected or actual violations of these Terms. FSVMP may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

 

Governing Law. These Terms, your rights and the rights of FSVMP within these Terms will be governed by and construed in accordance with the laws of South Carolina, without regard to choice of law principles which would apply the laws of a different jurisdiction. Any action arising out of or relating to these Terms will be filed only in the state or federal courts located in South Carolina and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.

Contact Information

If you have any questions regarding these Terms or the Site, you may contact us by email at AndersonVeteransMemorial@gmail.com.

PRIVACY POLICY

This Online Privacy Policy (“Policy”) describes how Freddie Stowers Veterans Memorial Park (“FSVMP”, “we”, “us”, or “our”) collects, uses, and discloses the personal information that we obtain through https://www.mohmuseum.org/ (“Site”).

Information We Collect

Our Site collects personal information that you provide to us through Foothills Community Foundation (for instance, when you make a donation). When you submit information to us, we may collect personal information such as your name, mailing address, email address, telephone number, donation information (such as your tokenized credit card number from your payment processor, demographic data, and professional details (such as organization name).

Third Party Services

All donations made to FSVMP are processed by Foothills Community Foundation, Anderson, SC.  Foothills will collect information related to your donation and all related information necessary to complete your transaction to FSVMP.   For more information regarding Foothills Community Foundations please visit (INCLUDE LINK TO FOOTHILLS INFORMATION).

 

Use and Disclosure of Information We Collect

 

We collect, use, disclose, or otherwise process your personal information for various purposes, including the following:

 

    To provide you various services including, to process donations, address your inquiries, provide customer service, provide you with information about us, our events, or other information in which we believe may be of interest to you, and to provide you with content according to these preferences including through advertising

    To analyze trends and conduct research to learn more about our users

    To correlate information with other commercially available information to identify demographics and preferences to assist us in our outreach effort

    To analyze and track traffic patterns and Site usage

    To tailor and improve your experience on our Site

    To protect the security and reliability of our Site

    To meet our legal obligations, work with law enforcement, to comply with laws, regulations, court orders, to assist in investigations to prevent fraud or other harms, to enforce our rights or agreements with other parties

    For other purposes, as described at the time of collection of your personal information

 

We may disclose personal information we obtain through the Site to our affiliates, partners, and agents, as well as to our vendors who perform services on our behalf.  In addition, we may disclose your personal information to certain external parties, including:

    Business Transactions. We may disclose your personal information in the event we sell or transfer all or a portion of our business assets (e.g., further to a merger, reorganization, liquidation, bankruptcy, or any other business transaction), including negotiations of such transactions.

    Legal and Safety Purposes. We may disclose your personal information as required or appropriate for legal compliance purposes, for example, to law enforcement, government authorities, regulatory bodies, or other parties in order to comply with laws, regulations, court orders, or other legal obligations or to assist in investigations to prevent fraud or other harms, to enforce our terms, this Policy, or agreements with third parties.

Links to Other Online Services

Our Site may include links or otherwise provide access to other websites or online services for your convenience. These other websites may have their own privacy policies which we encourage you to review to learn more about those websites’ privacy practices. Please note that this Policy does not apply to the practices of companies and websites that we do not own or control.

Your Choices

If you prefer no longer to receive marketing emails from us, you may opt out by using the unsubscribe link located in our emails. Please note that even if you opt out of marketing or promotional emails, we may still send you transactional or informational emails.

What to include in the Privacy Policy

Generally speaking, a Privacy Policy often addresses these types of issues: the types of information the website is collecting and the manner in which it collects the data; an explanation about why is the website collecting these types of information; what are the website’s practices on sharing the information with third parties; ways in which your visitors and customers can exercise their rights according to the relevant privacy legislation; the specific practices regarding minors’ data collection; and much, much more. 


To learn more about this, check out our article “Creating a Privacy Policy”.

Data Security

We take commercially reasonable security measures to protect the personal information we obtain through the Site from unauthorized access, loss, misuse, alteration, or destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and we cannot guarantee the security of your information collected through the Site.

Changes to This Policy

From time to time, we may amend this Policy to reflect changes in our business or data collection practices. We will indicate such changes by revising the “Last updated” date above.

Contact Us

If you have questions or concerns about our Privacy Policy or data practices, you may contact us at  AndersonVeteransmemorial@gmail.com.

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