TERMS OF USE AND NOTICE OF PRIVACY PRACTICES

These Terms of Use and Notice of Privacy Practices (the “Terms”) are entered into by and between You and White Plains United Methodist Church, a North Carolina not-for-profit company (“WPUMC,” “we,” or “us”). Welcoming Wellness is a project of WPUMC that is supported by the United Methodist Church and the North Carolina Conference of the United Methodist Church. To the fullest extent possible, these terms are intended to protect WPUMC and its partners and supporter in providing Welcoming Wellness.

Our goal is to provide knowledge and resources to parents, grandparents, caregivers, friends, and allies of persons struggling with a mental health crisis. To encourage these people to reach out for help by using these resources and to decrease the stigma that often occurs when someone faces a mental health challenge. At no point is WPUMC engaged in providing mental health services.

The Terms govern your access to and use of the Welcoming Wellness program including any content, functionality, and services offered on or through the Welcoming Wellness website www.welcomingwellnessnc.com (the “Services”), whether as a member, authorized representative or guest.

Please read the Terms carefully before you start to use the Services. By using the Services or by accepting or agreeing to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older, and their households, who reside in North Carolina. By using the Services, you represent and warrant that you are of legal age to form a binding contract with WPUMC and that where you are acting on behalf of another you have authority to do so. If you do not meet all of these requirements, you must not access or use the Services.

ACCESSING THE SERVICES

We reserve the right to withdraw or change any service or material we provide to you as part of the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some of the Services.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register for the Services or otherwise, including, but not limited to, through the use of any interactive features, is subject to our Notice of Privacy Practices which are part of and incorporated into these Terms below, and you consent to all actions we take with respect to your information consistent therewith.

NOTICE OF PRIVACY PRACTICES

In order to use the Services you may be required to provide certain information to WPUMC or its service providers and partners. We collect this information to help manage processes, to improve the Services, and to better understand the larger needs of those we serve.

While not all state laws require it, we consider personal information to include any information that identifies you as an individual or is directly relatable to an identifiable individual, including a member of your household.

Not all information we collect and use is personal information under this definition. For example, data that has been de-identified or aggregated in a way that no longer allows identification of a particular person would not meet this definition. WPUMC may use this data for analysis, evaluation, report generation and to provide accountability to individuals and entities that may provide funding and support to WPUMC. We will not identify you individually unless we have your consent.

Protection of Personal Information

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet will never be completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted online. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures built into the Services.

Disclosure of Your Information

We may disclose aggregated information about our users and other information that does not identify any individual without restriction.

In furtherance of the Services you have requested, we may disclose personal information that we collect or you provide:

  • To consultants, service providers, and other third parties we use to support the Services who use it only for the purposes for which we disclose it to them.
  • To any volunteer who is supporting our provision of Services to you or a member of your household. We strive to only provide the information necessary for a volunteer to help you connect with resources that you are interested in exploring further.
  • For any other specific purpose disclosed by us when you provide the information.
  • With your consent.

Additionally, we may disclose your personal information (1) to comply with a law, regulation, or other governmental request, for example, to comply with subpoenas, court orders, legal process, or requests by law enforcement or governmental entities; (2) to investigate or defend against third-party claims against us; (3) where we believe the rights, property or safety of WPUMC, the United Methodist Church, the North Carolina Conference of the United Methodist Church, or the public is at risk; (4) to detect, prevent, or investigate fraud or other illegal activity or to enforce Terms; (5) to repair or resolve technical issues in the operation of the Services; (6) to respond to a request by you to disclose the information, including your requests to allow access to your account and personal information by third-parties designated by you, as described in more detail below; (7) with your knowledge and consent; (8) to address emergencies or acts of god; and (9) as an asset of the corporation in the event of a merger or other business combination or transfer involving us or an affiliated entity.

Privacy Choices We Provide to Members

We are committed to responding to your questions and concerns regarding the protection we give to the personal information you provide to us. You may choose to exercise any of the following options as part of the control you have over your personal information:

  • Decline to provide specific types of information to us, understanding that doing so may limit how we or our partners can connect you to relevant resources and programs.
  • Correct inaccuracies in the information you have provided to us.
  • Inquire as to what data we hold about you. To request this information please submit a request to welcomingwellnessnc@gmail.com.  
  • You may request that we delete your personal information from our systems to the fullest extent possible. There may be certain circumstances, however, where we cannot delete all of your personal information. In some, but not all, cases, we may be able fulfill your request through de-identification of the information.
  • Comment to us regarding any concerns with our privacy practices by emailing welcomingwellnessnc@gmail.com.

Retention of Personal Information

We will retain your personal information for the period of time required for the purposes for which it was collected, any compatible purposes which we subsequently establish, or any new purposes to which you subsequently consent, or to comply with legal, regulatory and other policy requirements. We reserve the right to delete or destroy any information collected, including personal information, at any time.

We may retain aggregated information about our users and other information that does not identify any individual indefinitely.

INTELLECTUAL PROPERTY

WPUMC reserves all of its intellectual property rights in the Services. The Services and the entirety of the contents, features, and functionality, including the text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features, and the like, and the trade secrets, trademarks, trade names, service marks, and copyrights contained therein, are owned by WPUMC or its partners, third-party vendors and service providers, and are proprietary and protected by U.S. and other applicable intellectual property law.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material provided through the Services without our prior written consent, except as follows:

  • Your computer or mobile device may temporarily store copies of such materials in its memory incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download copies of materials for your own personal, non-commercial use. The materials provided through the Services are not intended for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials downloaded from or printed off the Services.

If you print, copy, modify, download, or otherwise use any material in breach of these Terms, your right to use the Services may be terminated and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content provided therefrom is transferred to you, and all rights not expressly granted are reserved by WPUMC. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that access to the Services from the internet will be free of viruses or other malicious code that might permit unauthorized access to your personal information as defined herein. You are responsible for implementing sufficient procedures for anti-virus protection on your own devices and for maintaining a means external to the Services for any reconstruction of any data lost. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALICIOUS CODE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR COMPROMISE THE INTEGRITY OF YOUR PERSONAL INFORMATION OR OTHER DATA DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE MAINTAINED BY WPUMC OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON ANY WEBSITE MAINTAINED BY WPUMC.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WPUMC NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WPUMC NOR ANYONE ASSOCIATED WITH WPUMC REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WPUMC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WPUMC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY CONTENT ON OUR WEBSITE, OR ANY WEBSITES LINKED FROM THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; LOSS OF REVENUE; LOSS OF PROFITS; LOSS OF BUSINESS OR ANTICIPATED SAVINGS; LOSS OF USE; LOSS OF GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; OR BREACHES IN SYSTEM SECURITY, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

GEOGRAPHIC RESTRICTIONS

WPUMC operates programs in and based in Cary, North Carolina, and the surrounding Triangle region. We provide these Services primarily for use by persons located within that region, but, make them available to anyone on the Internet. In no event are the Services intended for use by persons located outside the United States. We make no claims that the Services or any of the provided content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services via the internet from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

GOVERNING LAW AND JURISDICTION

All matters relating to provision of the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, in each case located in the County of Wake. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

CLASS ACTION WAIVER

YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST WPUMC IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE THE RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

WAIVER AND SEVERABILITY

No waiver by WPUMC of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WPUMC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

ENTIRE AGREEMENT

These Terms, including the Notice of Privacy Practices, constitute the sole and entire agreement between you and WPUMC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the provision of the Services.

CHANGES TO THE TERMS

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them to the Welcoming Wellness website.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Welcoming Wellness website from time to time so you are aware of any changes, as they are binding on you after you have executed this agreement. Your sole recourse if you do not agree to revised Terms is to discontinue using the Services.

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