Welcome to SHARE Cape Fear! If you choose to continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, as well as any and all disclaimers of warranties and liability (hereinafter referred to as the “Agreement”). If you disagree with any part of these terms and conditions or disclaimers, please do not use this website.
This Agreement is effective upon acceptance by new users. You accept this Agreement by accessing or using SHARE Cape Fear's, or its affiliates', sites, service, and tools; or as otherwise indicated on a specific site, service, or tool.
Please be advised: this Agreement contains provisions that govern how claims you and we have against each other are resolved. It also contains an Agreement to Arbitrate. Unless you opt-out: (1) you will only be permitted to pursue claims against SHARE Cape Fear and its affiliates (including, but not limited to the individual members, managers or board of directors) on an individual basis, not as part of any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
You are required to comply with, and to ensure compliance with, all laws, ordinances, and regulations applicable to your activities on SHARE Cape Fear.
This Agreement grants you a limited, revocable, nonexclusive license to access SHARE Cape Fear and use its sites, tools, and services, in whole or in part, including but not limited to SHARE Cape Fear intellectual property therein, solely in compliance with this Agreement.
When providing us with content or posting content on the SHARE Cape Fear site, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
SHARE Cape Fear has the right, but not the obligation, to regulate content posted to, stored on or transmitted via SHARE Cape Fear by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of SHARE Cape Fear) by any user (or any other third party in any manner); and to enforce this Agreement, for any reason and in any manner or by any means that SHARE Cape Fear, in its sole discretion, deems necessary or appropriate. SHARE Cape Fear may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time.
All user content must not contain offensive, distasteful or other inappropriate material. It must not support any person or entity whose purpose or effect is to unlawfully demean or discriminate against another person or entity, including through the use of cruel and derogatory language on the basis of real or alleged membership in a social group, as determined in the reasonable discretion of SHARE Cape Fear.
LIMITATION OF LIABILITY
Disclaimer of Endorsement
The listing of any business, organization, association, or other entity (hereinafter referred to as “the represented entities”) on this website does not constitute an endorsement by SHARE Cape Fear or any of its individual members or managers of said entities. Moreover, the inclusion of any business, organization, association, or other entity on this website does not indicate in any manner that SHARE Cape Fear or its affiliates support, sanction, or verify the information of such entities. Furthermore, through this website you are able to link to other websites over which we have no control. The inclusion of any links does not imply a recommendation or endorse the views expressed within them.
Disclaimer of Formation of Agency Relationship
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Disclaimer of Completeness and Accuracy of Data and Reports
The information contained in this website is for general information purposes only, and is taken from information provided by the represented entities. Neither SHARE Cape Fear nor its affiliates control the materials or information they receive, and cannot guarantee the accuracy, quality, completeness, or validity of any information on this website. SHARE Cape Fear and its affiliates make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to this website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Disclaimer of Omissions
This website is intended as an informational tool only and is being made available as a service. The information and materials contained on this website may contain inaccuracies, errors, or omissions. SHARE Cape Fear and its affiliates expressly disclaim any responsibility or liability for any such inaccuracies, errors or omissions on this website to the fullest extent permitted by law.
Disclaimer of Use of Information and Documents Obtained from this Website
This website does not contain all information related to the represented entities. Any person who uses information from this website, or any websites linked to this website, for any purpose does so at his or her own risk. Through this website you are able to link to other websites which are not under the control of SHARE Cape Fear or any of its individual members or managers. In no event will SHARE Cape Fear or its affiliates be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Disclaimer of Unavailability
Every effort is made to keep this website up and running smoothly. However, SHARE Cape Fear and any of its individual members or managers take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
You agree that you are making use of the sites, services, and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, SHARE Cape Fear and its affiliates exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold SHARE Cape Fear and its affiliates responsible, for any damages or losses resulting directly or indirectly from: (a) your use of or your inability to use our sites, services, and tools; (b) delays or disruptions in our sites, services, or tools; (c) viruses or other malicious software obtained by accessing our sites, services, or tools, or any site, service, or tool linked to our sites, services, or tools; (d) glitches, bugs, errors, or inaccuracies of any kind in our sites, services, and tools or in the information and graphics obtained from them; (e) the content, actions, or inactions of third parties; and/or (f) a suspension or other action taken with respect to your account.
You will indemnify and hold SHARE Cape Fear, its affiliates and subsidiaries, and their respective officers, directors, members, managers, employees, and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of SHARE Cape Fear's sites, services, or tools, and/or your violation of any law or the rights of a third party.
You and SHARE Cape Fear (and our affiliates and subsidiaries, and our and their respective officers, directors, members, managers, employees, and agents) agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully, it affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
You agree that the laws of the State of [site:state], without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and SHARE Cape Fear, except as otherwise stated in this Agreement. Notwithstanding the foregoing, any claim or dispute you may have related to our software licensor, Share Omaha, shall be governed by the laws of the State of Nebraska, and you agree to arbitrate any such claim or dispute with Share Omaha pursuant to the following terms in Douglas County, Nebraska.
Agreement to Arbitrate
You and SHARE Cape Fear (and its affiliates) each agree that any and all disputes or claims that have arisen or may arise between you and SHARE Cape Fear (and its affiliates) shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND SHARE Cape Fear (AND ITS AFFILIATES) AGREE THAT EACH OF YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SHARE Cape Fear (AND ITS AFFILIATES) AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SHARE Cape Fear USERS.
- Arbitration Procedures
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's Site at www.adr.org.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or SHARE Cape Fear (and its affiliates) may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and SHARE Cape Fear (and its affiliates) subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or SHARE Cape Fear (and its affiliates), unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of [site:state], including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different SHARE Cape Fear users, but is bound by rulings in prior arbitrations involving the same SHARE Cape Fear user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, SHARE Cape Fear will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by SHARE Cape Fear should be submitted by mail to the AAA along with your Demand for Arbitration and SHARE Cape Fear will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SHARE Cape Fear will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse SHARE Cape Fear for all fees associated with the arbitration paid by SHARE Cape Fear on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
- Opt-Out Procedure
You can choose to reject this Agreement to Arbitrate ("opt-out") by mailing us a written opt-out notice ("Opt-Out Notice"). The Opt-Out Notice must be postmarked no later than 30 days after the date you accept the Agreement for the first time. You must mail the Opt-Out Notice to SHARE Cape Fear.
The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, and the user ID(s) and email address(es) associated with the SHARE Cape Fear account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
- Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and SHARE Cape Fear agree that if SHARE Cape Fear or its affiliates make any change to this Agreement to Arbitrate (other than a change to any notice address or Site link provided herein) in the future, that change shall not apply to any claim of which you provided SHARE Cape Fear with written notice prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the Agreement to Arbitrate is posted to SHARE Cape Fear, and shall not be effective as to any claim of which you provided SHARE Cape Fear with written notice prior to the date of termination.
Judicial Forum for Legal Disputes
Unless you and SHARE Cape Fear or its affiliates agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or a court order, you agree that any claim or dispute that has arisen or may arise between you and SHARE Cape Fear must be resolved exclusively by a state or federal court located in [site:state], . You and SHARE Cape Fear agree to submit to the personal jurisdiction of the courts located within [site:state], for the purpose of litigating all such claims or disputes.
ADDITIONAL TERMS AND CONDITIONS OF USE
The content of this website is for your general information and use only. It is subject to change at any time without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us by Share Omaha. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with copyright notice.
Unauthorized use of this website may give rise to a claim for damages, and may constitute a criminal offense.
Unless stated otherwise in this Agreement, if any of the provisions in this Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on SHARE Cape Fear. Our right to amend the Agreement includes the right to modify, add to, or remove terms in the Agreement. Except as stated otherwise in this Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" does not include an email message and a signature does not include an electronic signature.
This Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Release, Content, Limitation of Liability, Indemnity and Legal Disputes.