Terms of Use

Summary

Welcome to the Asheville Give!Local Guide givelocalguide.org website (the “Website”) operated by Mountain Xpress (“Xpress”, “we”, or “us”). By using the Asheville Give!Local Website, you acknowledge that you have read and agree to be bound by the following Terms of Use (the “Terms”) and by our Privacy Policy, which is incorporated here by reference, and by all technical specifications, rules of operation, and security procedures, and any other terms and conditions set forth by Mountain Xpress from time to time by posting from a link on the Asheville Give!Local Website. You agree to be bound by such revised terms as they may be posted from to time, that you are 13 years of age or older, or if under 13, you are being supervised by your parent or guardian. Nothing in these Terms may be construed to create or confer any rights on third party beneficiaries. If you do not agree to any of the terms and conditions set forth herein, you may not use the Asheville Give!Local Website.

Who We Are

Mountain Xpress is an independent community media operation based in Asheville, North Carolina. Our main online presence is at mountainx.com.

Eligibility and Registration

If you choose to create an account with us, you will be asked to provide an email address and password. We will ask you to provide certain personal information, such as first name, last name, and email address, in creating your user profile.

You are responsible for all activities occurring under your email address and for keeping your login and password secure. We may refuse to grant you access with a login that (i) impersonates someone else, (ii) may be protected by trademark or proprietary rights law, or (iii) is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Any attempt to access restricted areas without authorization is prohibited. You agree that if you become aware of any unauthorized use of your password or other security breach, you will notify us immediately by emailing givelocal@mountainx.com.

If you create an account with us, we may send e-newsletters, system messages pertaining to account information, and other communications to your email. You may opt out of the e-newsletters at any time by clicking the unsubscribe link on the newsletter email.

This site is intended solely for individuals 13 years of age or older, unless the child is under the supervision of its parent or guardian. Any use or access of the site from users under 13 without parental supervision is strictly prohibited. We will terminate the membership of any such users and will work in good faith to remove any content they may have contributed to the Asheville Give!Local Website.

Donating on Asheville Give!Local Website

Tax-Deductible Contributions to Charitable Causes

Donations made on the Asheville Give!Local Website in support of Registered Charities, Projects of Registered Charities, or Charity Fundraisers (collectively, “Charitable Causes”) are complete and final charitable gifts are not refundable. All funds donated to Give!Local, minus only the credit card processing fees, are being collected by the local nonprofit Fund for Investigative Reporting 501(c)(3). The funds will be transferred as soon as is practicable to Mountain Xpress. The funds are then held in escrow by Mountain Xpress and disbursed as specified by donors to the Charitable Causes in a 60-day period following the close of the Give!Local project.

Mountain Xpress makes every reasonable effort to respect the wishes of its donors. However, to comply with federal tax laws and Internal Revenue Service regulations, Mountain Xpress must retain the exclusive authority, discretion, and legal control over all donated funds. In the rare event that the charity you have advised cannot accept donations, is not recognized by the IRS as a public charity, or is not in good standing with federal or state regulators, etc.), Mountain Xpress may select an alternate charity to receive your donation.

Charged Back or Refunded Donations

In accordance with IRS regulations, the Mountain Xpress enforces a strict “No Refunds” policy for contributions made to the donor-advised fund. However, the Foundation recognizes circumstances wherein reversal of transactions are necessary. These include Charge Back and Gross Error transactions.

A Charge Back transaction occurs when the credit card holder files a dispute with their bank stating that either they did not authorize or recognize the transaction on their credit card or bank statement. Mountain Xpress staff will provide supporting documentation in an effort to resolve the Charge Back case in favor of the Charitable Cause. However, if Mountain Xpress is unable to resolve such cases and the case is referred to pre-arbitration, we will accept the Charge Back transaction.

A Gross Error transaction occurs when the credit cardholder / donor makes a transaction for an amount grossly different than the intended amount. For example, a donor makes a $10,000.00 donation instead of $10.00 donation. A Gross Error transaction DOES NOT include errors in intended nonprofit recipients, i.e., made to the wrong organization. Mountain Xpress retains sole authority to determine the exact criteria of a Gross Error transaction. A Gross Error transaction refund will only be considered if Mountain Xpress has not yet disbursed the funds to the designated organization. Once funds are disbursed, the donor should contact the nonprofit in order to attempt to correct the error.

Credit Card Anti-Laundering Policy

Only the authorized credit card holder may donate on the Asheville Give!Local Website. A third party may not use the donor’s card information or enter donations on behalf of the donor. This practice is known as “credit card laundering” and violates Visa and MasterCard usage agreements. Mountain Xpress may report any such abuses to the appropriate authorities. This restriction does not preclude the use of computer terminals or kiosks, with access to the Asheville Give!Local Website, for the authorized credit card holder to utilize in order to make a donation.

Donor Information

Privacy and security of donor information is of vital importance to us. We will not share or sell names of donors without their consent. When you contribute to any cause on the Asheville Give!Local Website, you grant us permission to access your donation records at any time and to use the information you provide to process your donation. Unless you indicate at the time of making your donation that you would like to remain anonymous, we will make available to the nonprofits that you have designated online reports identifying, where available, your name, address, email, and transaction accounting details.

Conduct and Content

Website Content and Intellectual Property

The intellectual property rights, including but not limited to copyright, trademark, patent, trade dress, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Asheville Give!Local Website and all Tools, including but not limited to, information, text, data, photographs, audio, video, images, graphics, documents, logos, and other content, associated technology and software, and the look and feel of the Asheville Give!Local Website (collectively, “Website Content”), are owned by Mountain Xpress or its licensors. Except as expressly permitted in these Terms, you agree not to copy, alter, frame, distribute, publish, sell, prepare derivative works based on, or commercially exploit the Tools and/or any Website Content, without express written permission from Mountain Xpress or its licensors.

Additional Legal Provisions

Disclaimer of Warranties

The Asheville Give!Local Website and Tools are provided to you “as is” without warranty of any kind. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of any Website Content or Tools, or other information or materials displayed on the Asheville Give!Local Website. We also expressly disclaim to the fullest extent permitted by law any and all responsibility and liability for the conduct of any charity, any other Volunteer Fundraiser, and any donor. Mountain Xpress hereby disclaims all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement; and other warranties. Mountain Xpress is not engaged in the provision of legal, tax, or other professional advice or services. If you are in need of such services, you should contact the appropriate licensed and qualified professional.

Liability Limitation

YOU AGREE THAT NEITHER MOUNTAIN XPRESS NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO: THE ASHEVILLE GIVE!LOCAL WEBSITE OR THE SERVICES PROVIDED BY MOUNTAIN XPRESS (AND YOUR USE OF, OR INABILITY TO USE, THE ASHEVILLE GIVE!LOCAL WEBSITE OR SERVICES). ANY CLAIMS ARISING FROM THE ASHEVILLE GIVE!LOCAL WEBSITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH LIABILITY AROSE.

Hold Harmless and Indemnity

Your use of the services provided by Mountain Xpress is entirely at your own risk. You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the services provided by Mountain Xpress, or the Asheville Give!Local Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Links to Other Websites and Content

We may include links to third-party websites or services, and may link you automatically to sponsor or third-party websites or services. These links do not mean that we review or endorse these third-party sites or services. We provide such links when we believe such links may be helpful, but we do not monitor or accept any responsibility for such sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate, so you proceed to these links at your risk and responsibility. You acknowledge that we are not responsible or liable for any content, advertising, products, services, or other materials on these third-party sites. Any dealings that you have with advertisers or other third-parties who may be found on or linked from the Website are between you and the advertiser, for which you assume full responsibility and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.

Changes to Services, Website, and the Terms of Use

We reserve the right to modify or terminate the services you are receiving from Mountain Xpress or the Asheville Give!Local Website for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms with concurrent notice on the Asheville Give!Local Website. When you first register a user account through the Asheville Give!Local Website, you will be asked specifically to accept these Terms of Use if you have not done so before, and will be asked again, when you next log in, to do so if they have changed from the last time you accepted them. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the Asheville Give!Local Website following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the Website.

Notices

Mountain Xpress may provide you with notices regarding the services provided by Mountain Xpress, the Asheville Give!Local Website, or these Terms by regular mail, email or postings to the Asheville Give!Local Website.

Term and Termination

These Terms apply to your use of the services provided by Mountain Xpress and the Asheville Give!Local Website at all times. Mountain Xpress reserves the right to change the Asheville Give!Local Website without notice to you, at any time. You may terminate under these Terms at any time by emailing givelocal@mountainx.com, or your membership may be terminated by us at any time and for any reason. Upon termination or expiration of these Terms, your obligations and our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions survive, but your right to use the Asheville Give!Local Website immediately ceases.

Mountain Xpress reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate these Terms of Use, and/or your access to all or a portion of the Asheville Give!Local Website and/or remove any registration information or User Content from the Asheville Give!Local Website, for any reason (including if you breach of any of the provisions of these Terms of Use). Mountain Xpress also reserves the right to change the Asheville Give!Local Website without notice to you, at any time.

Miscellaneous

These Terms constitute the entire agreement between the parties with respect to all of the matters herein and supersedes all other agreements, understandings, and discussions of the parties. If any provision of these Terms shall be held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these terms and conditions shall continue in full force and effect. No waiver or forbearance to seek a remedy by any party of any breach by any other party of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement.

You may not assign, sublicense or otherwise transfer any right or obligation set forth herein without Mountain Xpress’ prior written consent. Any purported assignment in violation of the preceding sentence is void and of no effect. These terms and conditions are binding upon the parties’ respective successors and permitted assigns. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.

The Parties shall act as independent contractors, and nothing contained in these Terms shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as agents, partners, joint ventures, co-owners, employer/employee franchisor/franchisee, or otherwise as participants in a joint or common undertaking, or (iii) allow either party to create or assume any obligation on behalf of the other party for any purposes whatsoever.

These Terms shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Website shall be litigated or otherwise heard in the state or federal courts located in North Carolina and the parties hereto hereby consent to the exclusive jurisdiction of such courts.

Mountain Xpress may assign any of its rights or obligations under these Terms to another party without notice or consent for any reason.

Contact

For questions about these Terms of Use please contact us at: givelocal@mountainx.com

Effective Date: October 13, 2016 / Last Updated: October 13, 2016