USER AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Ordinary Miracle.org, Inc. ("OM") requires that all visitors ("you") to its site, Ordinary Miracle.org, and its other sites (collectively, the "Sites"), agree to all of the terms and conditions in this User Agreement ("UA"). By accessing and using the Sites, you indicate your acknowledgement and acceptance of this UA. As used in this Agreement, "we," "our," and "us" means OM unless otherwise indicated.
Who is Ordinary Miracle.org?
OM is a 501(c)(3) not-for-profit corporation. We at OM aim to improve the lives of others, by providing a venue for people or organizations in need to connect with donors who want to make a specific choice in their charitable giving. The Sites provide you with access to an online collection of information, materials and services related to OM and its work, including text, pictures, photographs, audio and video, graphics, logos, marks and images (collectively, "Content"), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites ("Software"), all of which are subject to this UA. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this UA effective upon the date of each such addition.
Eligibility.
Use of the Sites is void where prohibited. By using the Sites, you represent and warrant that (1) all information you submit is truthful and accurate; and (2) your use of the Sites does not violate any applicable law or regulation. Your use of the Sites may be terminated without warning if we believe you are in violation of any of these conditions.
Binding Agreement.
By using any Site, you agree to be bound by this UA, whether you are a visitor, Applicant or Donor. The use of the Sites (including, without limitation, photographs or images), by you, or anyone else authorized by you, is prohibited except as allowed by this UA. There are specific terms of use applicable to Donors and Applicant's, which are described below.
OM's Privacy Policy is a Part of this Agreement.
We are committed to protecting the privacy of any personal information you may provide to us when you use the Sites. Please see our Privacy Policy for details. This UA includes and incorporates by reference OM's Privacy Policy. By accepting the terms of this UA, you agree to abide by the terms of this Privacy Policy.
Our Proprietary Materials.
We welcome you to our Sites and we invite you to use it within the following rules:
1. You may use the Sites, Content and Software solely as and for the purposes stated on the Sites and as described in this UA.
2. You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, sound, image, photograph or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of OM.
3. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without your receipt of the prior written authorization of OM.
4. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Sites to a human perceivable form.
The information on the Sites, the design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this UA. All Content, Software and materials on and underlying the Sites are copyright (c) 2007 Ordinary Miracle.org, Inc. or are licensed or otherwise used by OM with permission. Except where noted otherwise, all rights to these materials are reserved by OM or their respective owners. "Ordinary Miracle.org", the Ordinary Miracle.org logo, are trademarks and service marks of Ordinary MIracle.org, Inc., which reserves all rights to its marks and logos. Individuals appearing on the Sites do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used.
All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by us from time to time, without notice. Although OM cannot monitor the conduct of users of the Sites, it is a violation of this UA to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites. Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
Disclaimers.
We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. OM retains the right to restrict use of the Sites, in any manner it deems appropriate.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OM MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability.
IN NO EVENT SHALL OM, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY "OM AND ITS AFFILIATES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE OM AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.
YOU UNDERSTAND AND AGREE THAT OM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT OM AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY OM OR AN AUTHORIZED OM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
OM neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties.
Third Party Websites.
The Sites may provide links to other websites ("Linked Sites") as a convenience to you. Such Linked Sites are not maintained by OM, thus OM is not responsible for the content, products, services or policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by OM of the Linked Sites.
Third Party Websites Seeking to Hyperlink to the Sites.
We welcome appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and OM. If this is not the case, please do not link to any Site. OM reserves the right to rescind the right to link to its Sites at its sole discretion.
Use of any OM trademark, service mark or other intellectual property or content provided by OM for a hyperlink to a Site is permitted and licensed by OM solely for the purposes described on the Sites, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by OM, you shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by OM.
Making Donations through OM.
OM is a non-profit marketplace that brings Donors together with individuals or organizations with needs in one if the following categories: Arts & Education, Civic & Community, Environment, Animals, or Human Needs. Once the cost of the "need" is determined by the applicant, OM adds 20% to cover administrative & marketing costs. Included in the cost posted on the website are: shipping charges, sales tax, and credit card processing fees (regardless of payment method). All Donors are subject to the specific Donor terms described below.
All donations are tax deductible to the fullest extent allowed by law. You may obtain a copy of our annual finacial statements and federal tax return by writing to:
Ordinary Miracle.org
PO Box 1224
Fairfield Bay
Arkansas 72088