Privacy Policy and Terms of Use

HABITAT FOR HUMANITY PORTLAND/ METRO EAST

STATEMENT OF PRIVACY

The Habitat for Humanity Portland/ Metro East (“HFH”) is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the HFH website (the “Site) and governs data collection and usage. By using the Site, you consent to the data practices described in this statement.

COLLECTION OF YOUR PERSONAL INFORMATION

HFH collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. HFH also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. When you make a financial contribution online, HFH collects your name, contact information, and standard credit card data. HFH will not collect personal information from you when you visit our Site unless you provide the information to us voluntarily and knowingly.

There is also information about your computer hardware and software that is automatically collected by HFH. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by HFH for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Site.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through HFH public message boards, this information may be collected and used by others. Note: HFH does not read any of your private online communications.

HFH encourages you to review the privacy statements of websites you choose to link to from HFH so that you can understand how those websites collect, use and share your information. HFH is not responsible for the privacy statements or other content on websites outside of the HFH and HFH family of Sites.

USE OF YOUR PERSONAL INFORMATION

HFH collects and uses your personal information to operate the Site and deliver the services you have requested. HFH also uses your personally identifiable information to inform you of other products or services available from HFH and its affiliates. HFH may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

HFH does not sell, rent or lease its customer lists to third parties. HFH may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, HFH may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, and process credit card transactions. All such third parties are prohibited from using your personal information except to provide these services to HFH, and they are required to maintain the confidentiality of your information.

HFH keeps track of the Sites and pages our customers visit within HFH, in order to determine what HFH services are the most popular. This data is used to deliver customized content and advertising within HFH to customers whose behavior indicates that they are interested in a particular subject area.

HFH will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on HFH or the site; (b) protect and defend the rights or property of HFH; and (c) act under exigent circumstances to protect the personal safety of users of HFH or the public.

USE OF COOKIES

The Site use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize HFH pages, or register with the Site or services, a cookie helps the Site to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Site, the information you previously provided can be retrieved, so you can easily use the Site features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the HFH services or Sites you visit.

SECURITY OF YOUR PERSONAL INFORMATION

HFH takes what it belies to be reasonable precautions to secure your personal information from unauthorized access, use or disclosure. HFH cannot ensure or warrant the security of any information you transmit to us by e-mail, and you do so at your own risk.

HFH uses a variety of information security measures to protect your online transactions with us. The Site uses encryption technology, such as Secure Sockets Layer (SSL), to protect your personal information during data transport. SSL protects information you submit via our Site such as your name, address and telephone number.

Collection of Children’s Personal Information

HFH is committed to protecting the privacy of children. HFH does not knowingly or intentionally collect personal information online from children under the age of 13.

CHANGES TO THIS STATEMENT

HFH will occasionally update this Statement of Privacy to reflect company and customer feedback. HFH encourages you to periodically review this Statement of Privacy to be informed of how HFH is protecting your information.

CONTACT INFORMATION

HFH welcomes your comments regarding this Statement of Privacy. If you believe that HFH has not adhered to this Statement, please contact HFH at info@habitatportlandmetro.org. We will use commercially reasonable efforts to promptly determine and remedy the problem.

SITE TERMS AND CONDITIONS OF USE

The Habitat for Humanity Portland/ Metro East (“HFH”) website located at habitatportlandmetro.org, and all associated sites linked to habitatportlandmetro.org by HFH (the “Site”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

HFH reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site.

LINKS TO THIRD PARTY SITES

The Site may contain links to other independent third party websites (“Linked Sites”). The Linked Sites are not under the control of HFH and HFH is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HFH is not responsible for webcasting or any other form of transmission received from any Linked Site. HFH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HFH of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to HFH that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

YOUR ACCOUNT

If you use this Site to create a personal account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

 Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

 Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

 Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

 Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

 Conduct or forward surveys, contests, pyramid schemes or chain letters.

 Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

 Restrict or inhibit any other user from using and enjoying the Communication Services.

 Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

 Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

 Violate any applicable laws or regulations.

HFH has no obligation to monitor the Communication Services. However, HFH reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HFH reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

HFH reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HFH’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. HFH does not control or endorse the content, messages or information found in any Communication Service and, therefore, HFH specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HFH spokespersons, and their views do not necessarily reflect those of HFH.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO HFH OR POSTED AT ANY SITE

HFH does not claim ownership of the materials you provide to HFH (including feedback and suggestions) or post, upload, input or submit to any Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you grant HFH, its affiliates, and assigness a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions throughout the world in any media and to publish your name in connection with your Submissions.

No compensation will be paid with respect to the use of your Submission, as provided herein. HFH is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HFH’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you represent and warrant that (a) you own and control all of the rights to the Submissions that you post or you otherwise have the right to post such Submissions to the Site; (b) the Submissions are accurate and not misleading; and (c) use and posting of the Submissions you supply does not violate these Site terms of use and conditions and will not violate any rights of or cause injury to any person or entity.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HFH AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

HFH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HFH AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HFH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HFH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

SERVICE CONTACT: info@habitatportlandmetro.org.

OWNERSHIP OF INTELLECTUAL PROPERTY, LIMITATIONS ON USE

All content, data, and materials contained on this Site, together with all related rights with respect to registered and unregistered copyrights, registered and unregistered trademarks or service marks, patents, trade secrets and all other proprietary rights are exclusively owned or licensed by HFH. This Site and all related proprietary rights shall remain the exclusive property of HFH or the applicable licensors of the content, data, or materials. You are permitted to download or print one copy of material published on this Site solely for your personal, non-commercial use, provided that you do not modify the materials or remove or obscure any proprietary notices contained in the materials. Except as specified in the preceding sentence, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, re-post, or otherwise use this Site or the content, data, and materials contained on this Site.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Steve Messinetti

Full Address of Designated Agent to Which Notification Should be Sent:

P.O. Box 11527, Portland, OR  97211

Telephone Number of Designated Agent: 503-287-9529

Facsimile Number of Designated Agent: 503-287-4649

Email Address of Designated Agent: info@habitatportlandmetro.org

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.

You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

HFH may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.

MISCELLANEOUS PROVISIONS

HFH reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Multnomah County, Oregon, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HFH as a result of this agreement or use of the Site.

HFH’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HFH’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HFH with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HFH with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HFH with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Last updated February 2011.

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