Last Revised: May 2023
These Terms apply to your access to, and use of, all or part of any website of Opportunity Village, including opportunityvillage.org, dessiestable.org, ovcleans.org, and any other site, or online service where these Terms are posted (collectively, the “Sites”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Opportunity Village for products, services or otherwise.
While we make reasonable efforts to provide accurate and timely information about Opportunity Village on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about Opportunity Village.
These terms include an Arbitration provision that governs any disputes between you and us. This provision will:
Eliminate your right to a trial by jury; and,
Substantially affect your rights, including preventing you from bringing, joining or participating in class action or consolidated proceedings.
Opportunity Village reserves the right to change or modify these Terms or any other Opportunity Village policies related to use of the Sites at any time and at its sole discretion by posting revisions on the Sites. Continued use of the Sites following such changes or modifications to the Terms or other Opportunity Village policies will constitute acceptance of such changes or modifications.
User’s use of the Sites, any content, and any information provided by the User including user names and passwords, addresses, e-mail addresses, phone number, financial information (such as credit card numbers) is limited to the contemplated functionality of the Sites. In no event may the Sites be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Opportunity Village, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access Opportunity Village or its Sites that is not authorized by Opportunity Village; (f) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access Opportunity Village; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to Opportunity Village’s computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair Opportunity Village’s servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively “Acceptable Use”). Opportunity Village reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in the Sites, remove content that Opportunity Village reasonably believes is or might be in violation of these Terms.
The User agrees to defend, indemnify, and hold harmless Opportunity Village, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) (“Claims”) that arise from or relate to the User’s use or misuse of the Sites, violation of these Terms, violation of any rights of a third party, any ideas you provide, or your conduct in connection with the Sites. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by an Opportunity Village Indemnitee’s gross negligence. Opportunity Village reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
OPPORTUNITY VILLAGE IS PROVIDING THE SITES TO THE USER “AS IS” AND THE USER IS USING THE SITES AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, OPPORTUNITY VILLAGE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITES ARE MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITES BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITES WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OPPORTUNITY VILLAGE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM OPPORTUNITY VLLAGE), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OPPORTUNITY VILLAGE’S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES.
Modifications to the Sites
Opportunity Village reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Opportunity Village will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.