Welcome to Our Heritage Matters (“Our Heritage Matters”, “we,” “us,” and “our”). Your use of our website and our other online properties (collectively, the “Site”) is subject to the terms and conditions of use described below (hereinafter “Terms of Use”), as well as the corresponding Privacy and Cookies Policy, which is incorporated herein by reference. The Site and any information, material, or content made available on or through the Site are subject to these Terms of Use. Please read these Terms of Use carefully before accessing our Site.
By visiting the Site, you acknowledge that you have read and reviewed the Terms of Use and agree to be bound by their terms. These Terms of Use apply to any person who accesses or uses the Site (“users,” “you,” or “your”). If you do not agree to the Terms of Use, we ask that you do not access or use the Site.
1. Changes to the Site
Our Heritage Matters reserves the right to change, modify, or discontinue the Site or any portion of the Site, including any and all content, at any time, without notice to you. Our Heritage Matters reserves the right, in its sole discretion, to update, revise, supplement, and otherwise modify these Terms of Use, and to impose new or additional terms and conditions. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions shall be effective immediately and incorporated into these Terms of Use upon notice, which may be given by posting updates to this webpage and changing the “Last Updated” date at the top of this webpage. Your continued use of the Site following the posting of changes to these Terms will mean you accept those changes.
2. Age Restriction
By using our Site, you confirm that you accept these Terms of Use. You also confirm that you have reached the age of 18. You are responsible for all activity that occurs in association with your use of the Site.
We do not knowingly collect or solicit personal information from children under the age of 18 or knowingly allow such persons to use the Site. If we learn that we have collected any personal information from a child under 18, we will take reasonable steps to delete such information. Parents or guardians who believe that their child has submitted personal information to us and would like to have it deleted should contact us as described below.
3. Account Registration
To access some features of the Site, you may be required to register for an account. When you register for an account, we may ask you to provide certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at info@ourheritagematters.com.
4. Use of the Site
You are granted a limited, non-exclusive, revocable right to access and use the Site solely for your personal use in connection with our Site. You are prohibited from using the Site or its content to facilitate, direct, or assist a third party to:
- Modify, reproduce, or resell any part of the Site’s content or data (excluding your personal information), or otherwise commercially exploit any of the Site’s content or data (even if that content or data is provided by a third party);
- Access, tamper with, or use non-public areas of the Site or Our Heritage Matters’ computer systems;
- Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
- Access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Our Heritage Matters;
- Use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the Site, or otherwise collect, gather, extract, scrape, or obtain any data or content from the Site for any commercial purpose other than obtaining products and services from Our Heritage Matters or your own personal, non-commercial use;
- Interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the Site;
- Attempt to hide, hide, or direct, facilitate or assist any third party in hiding your IP address to circumvent any of the restrictions in these Terms, including without limitation, if any IP address you have been assigned or used is blocked or dropped by Our Heritage Matters, you are hiding or switching your IP address to scrape or collect data and content from this Site, or you have received a cease and desist or other correspondence from Our Heritage Matters related to any activity in violation of these Terms that requires you to cease accessing or using the Site;
- Use the Site or any of its content in any manner other than the manner in which it is intended to be used, or in any way that interferes with its normal operations or with any other user’s use and enjoyment of this Site, unless you first obtain Our Heritage Matters’ express written consent;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Site or any software used to provide it, except as permitted by law;
- Use the Site or its content for any purpose prohibited or restricted by law.
Our Heritage Matters reserves the right to terminate your use of the Site and any related website for violating any of the prohibited uses. You are solely responsible for (and agree that Our Heritage Matters has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which you may suffer) of any such breach.
5. Use Outside of the United States
Our Heritage Matters makes no representation that the materials contained or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Site from any territory where its contents are illegal, and that you, and not Our Heritage Matters, are responsible for compliance with applicable local laws.
6. SMS/Text Message Terms
By providing your mobile number and opting in to receive text messages, you consent to receive recurring SMS/text messages from Our Heritage Matters at the number you provide. Message frequency may vary. Message and data rates may apply. Your consent to receive such messages is not a condition of purchase or donation. You may opt out at any time by replying STOP to any message. For help, contact us at info@ourheritagematters.com. Carriers are not liable for delayed or undelivered messages.
7. Updates and Upgrades
From time to time, we may need to deploy or provide patches, updates, upgrades, additional content, or other modifications to the Site (for example, for maintenance and enhancements, to add or remove features, or to resolve software bugs or address security concerns). These updates and upgrades may result in the Site being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw, or disable the Site for longer periods while we deploy these updates and upgrades. If you do not install any update or upgrade, then all of the functionality and features of the Site may not be available to you.
8. Termination/Suspension
You agree that Our Heritage Matters may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Site without notice, for any reason in our sole discretion, including, without limitation, violation of these Terms of Use or our belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to Us, another user, or any third party.
9. Privacy & Your Information
When you use the Site, you are expressly agreeing and consenting to the collection and use of your personal information and other data, and you agree to the terms of our Privacy and Cookies Policy. You agree and understand that by using the Site, you consent to us providing your information to third parties, as described in the Privacy and Cookies Policy. Although Our Heritage Matters makes good faith efforts to store information it collects in a secure way, we cannot guarantee complete security.
10. Trademarks, Copyright, and Other Proprietary Rights
Our Heritage Matters, or third parties from whom Our Heritage Matters has permission, own the trademarks and service marks that are used on the Site. All rights are reserved by Our Heritage Matters and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of Our Heritage Matters and its licensors may not be used without prior written consent of Our Heritage Matters or its licensor, as the case may be. Without limiting the foregoing, no Our Heritage Matters trademark or trade dress may be used in connection with any product or service that is not Our Heritage Matters’, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Our Heritage Matters.
All proprietary content and materials on the Site, including, without limitation, the Site’s layout, organization, design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms of Use or by written consent of the owner of the proprietary rights.
To the extent permitted by applicable law, any comments or materials sent to Our Heritage Matters, including but not limited to suggestions, ideas, comments, submissions, or questions (collectively “Feedback”), shall become property of Our Heritage Matters upon receipt. Our Heritage Matters shall be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, copyright, create derivative work, distribute to others and otherwise exploit the Feedback without permission. Our Heritage Matters shall be free to use any suggestions, ideas, comments, or concepts contained in such Feedback for any purpose whatsoever, including developing products or making improvements to the Site incorporating such Feedback.
11. Third-Party Websites
The Site may contain links to other unrelated websites on the Internet. Our Heritage Matters is not responsible for the content, accuracy, copyright compliance, decency standards, or other materials on such websites. These Terms of Use do not apply to such unrelated websites and you should review the privacy policy and terms of use for any website that you visit. Our Heritage Matters is not liable for any losses or damages incurred as the result of your dealings with such third parties or third-party websites.
12. Disclaimer of Warranties
THE SITE AND ALL CONTENT MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY OUR HERITAGE MATTERS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS MADE REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY, OR USEFULNESS OF THE SITE. OUR HERITAGE MATTERS DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL OR OTHER COMMUNICATIONS SENT FROM THE SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS.
Neither Our Heritage Matters, its affiliates, any third party supplier, nor their respective officers, directors, employees, or agents, are responsible or liable to you under any theory of liability or indemnity in connection with or related to your access or use of the Site or any of its content. Content on the Site is provided for general informational and educational purposes only. It does not constitute legal, tax, financial, or other professional advice, and should not be relied upon as such. You should consult your own advisors before making decisions based on any information provided through the Site.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR HERITAGE MATTERS AND ITS LICENSORS WILL NOT BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE SITE OR ANY OF ITS CONTENT. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR DAMAGE TO YOUR DEVICE OR OTHER EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF USE, TO THE EXTENT PERMISSIBLE BY LAW, OUR HERITAGE MATTERS’ AND ITS LICENSOR’S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID OUR HERITAGE MATTERS FOR THE EVENT GIVING RISE TO THE CLAIM OR (B) FIFTY DOLLARS ($50). SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.
14. Indemnification
You agree to indemnify, defend, and hold harmless Our Heritage Matters, its owners, officers, representatives, directors, employees, consultants, third-party suppliers, licensors, and agents from any and all losses, expenses, claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or related to (a) your use of the Site; (b) your use of any material, information, or data downloaded or otherwise obtained from the Site; (c) your violation of these Terms of Use; or (d) your infringement of any intellectual property or other right of Our Heritage Matters or any other person or entity.
15. Governing Law
All matters arising out of or relating to these Terms of Use are governed by and construed in accordance with the internal laws of the state of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the state of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the state of Delaware. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. You and Our Heritage Matters expressly agree to submit to the exclusive jurisdiction and venue of the state or federal courts in Delaware, United States of America, in all disputes arising out of or relating to the use of the Site. Our Heritage Matters’ failure to enforce any right or provision of the Terms of Use does not constitute a waiver of that right or provision.
16. Entire Agreement
These Terms of Use constitute the entire agreement between you and Our Heritage Matters relating to the Site and any content and materials obtained through the Site, and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Our Heritage Matters. These Terms of Use will inure to the benefit of Our Heritage Matters’ successors and assigns.
17. Contact Us
If you have questions, complaints, or claims about the Site or these Terms of Use, please contact us at info@ourheritagematters.com.
18. Miscellaneous
Notwithstanding anything to the contrary in the Terms of Use, if any portion of the Terms of Use is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, the Terms of Use as a whole shall not be deemed unlawful, void, or unenforceable, and only that portion of the Terms of Use that is unlawful, void, or unenforceable shall be stricken from the Terms of Use. The headings contained in the Terms of Use are for convenience of reference only, are not to be considered a part of the Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of the Terms of Use.
All covenants, agreements, representations, and warranties made in the Terms of Use that by their nature should survive, as may be amended by Our Heritage Matters from time to time, shall survive your acceptance of the Terms of Use and the termination of the Terms of Use. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction. These Terms do not create any third-party beneficiary rights.