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Terms of Use AGREEMENT

Welcome to the Selma’s Story web site (this “Site”), owned and operated by Selma’s Story, Inc., a Tennessee non-profit corporation (together with its officers, directors, agents, employees, partners and their respective affiliates, collectively, “Selma’s Story”). Please read this Terms of Use Agreement carefully before using this Site. By using this Site, you agree to be bound by the terms, conditions, policies and notices contained on this page (these “Terms”).

Selma’s Story may change these Terms from time to time in its sole discretion. You should review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate your use of the Site.

How the Site Works
This Site provides users (“Users”) with information about specific individuals, companies, and charitable organizations throughout the world that are in need of monetary donations (the “Needs”). Selma’s Story works closely with businesses and charitable organizations that identify these Needs (“Partners”). All Partners have passed Selma’s Story’s screening process and have agreed to strictly comply with Selma’s Story’s policies and requirements for identification of Needs and use of funds contributed by Users to fulfill the requests of Needs.

When Selma’s Story receives a request from a Partner for a Need, it posts the request on the Site where Users can view the details and contribute funds to help fulfill the Need’s request. When the amount requested by the Need has been fully contributed by Users, Selma’s Story will disburse the funds to the Partner that identified the Need, and the Partner will use the funds to fulfill the Need’s request (e.g., procure medical care, provide transportation, etc.). The Partner will then post an update on the Site that explains how the funds were used.

In the event that a Need’s request is removed from the Site, Selma’s Story may, in its sole discretion, either refund User funds contributed to such Need or redistribute the funds as Selma’s Story determines most appropriate.

Contributions
Selma’s Story currently accepts contributions through PayPal only. All transactions completed by Users through PayPal are subject to PayPal’s terms of use and privacy policy, and Selma’s Story shall have no responsibility or liability for such transactions or User’s dealings with PayPal.

Selma’s Story does not retain any portion of funds contributed by Users to Needs to cover its administrative costs.

Acceptable Use of the Site
By using this Site, including all content and services available through it, you agree that you shall not:

Forums and Bulletin Boards
There may be forums, bulletin boards or blogs (the “Forums”) on this Site. These Forums offer an opportunity for communication and information sharing among Users. The following are the guidelines for participation in the Forums:

Content that is abusive, vulgar, racist, slanderous, harassing, misleading, or otherwise objectionable will not be tolerated. In addition any form of direct or indirect personal attack or harassment is unacceptable behavior and is not tolerated. Any comment that calls for unlawful or illegal behavior or might result in harm to others is not allowed. You are not allowed to post or transmit any message or information that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. The results of any actions taken by a User based on advice in the Forums are the User’s sole responsibility. You are responsible and liable for all activities conducted by you in such Forums and for the content of your messages. Users shall be solely responsible for ensuring that they do not act in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable law. If you violate this section of the Terms, you will have your access to the Forums suspended and/or may permanently be banned from using the Forums. Forum postings do not represent the advice or opinions of Selma’s Story or its staff.

Selma’s Story has no obligation to monitor any Forums on this Site. However, Selma’s Story reserves the right to review, reprint, modify, distribute, remove or delete any posts in the Forums. Selma’s Story reserves the right at all times to disclose any information as Selma’s Story deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Selma’s Story’s sole discretion.

Tax Deductibility
Selma’s Story is a not-for-profit corporation with 501(c)(3) tax-exempt status. All donations are tax-deductible to the fullest extent allowed by law. Donors will receive an email acknowledgment of their contribution for their tax records. You may obtain a copy of Selma’s Story’s annual financial statement and federal tax return by contacting Selma’s Story.

Site Content
All contents of this Site are: ©2009 Selma’s Story, Inc. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, the “Content”). Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from the Site, in whole or in part, without the express written permission of Selma’s Story. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, to any Content on this Site.

User Accounts and Passwords.
Contributing funds to Needs through this Site requires you to open an account (including setting up a user name and password). You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Selma’s Story immediately of any unauthorized use of your account or password. You may not use the account, user name or password of any other individual or company at any time without the express written permission and consent of the holder of the account, user name or password. Selma’s Story will not be liable for any loss or damage arising from your failure to comply with this paragraph.

In creating a User account on the Site, you warrant and represent that: (1) you are a U.S. citizen of at least 13 years of age and, if less than 18 years of age, that you are acting under parental consent and supervision; (2) the information provided by you in connection with your account is accurate and will be regularly updated to maintain its accuracy; and (3) your actions in connection with your account, including contributions, are legal in your jurisdiction.

Access and Modifications to Site
This Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. Selma’s Story reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. Selma’s Story may also impose limits on certain features, services, or all of this Site without notice or liability. You acknowledge and agree that Selma’s Story will not be liable to you or any third party in the event that Selma’s Story exercises its right to modify or terminate access to this Site or portions of this Site.

Third Party Sites
As a convenience to you, Selma’s Story may provide links to third party web sites and access to content, products and services of third parties, including without limitation, Selma’s Story’s affiliates, strategic partners and other entities (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use them. Inclusion of a link to a Linked Site does not constitute an endorsement of the Linked Site by Selma’s Story. Selma’s Story does not author, edit or monitor these Linked Sites and is not responsible or liable for the availability of or content provided on such Linked Sites, any loss or damage whatsoever you may incur from dealing with any Linked Site, or your dealings with any third parties found on or through this Site. You bear all risk associated with the use of such Linked Sites.

Typographical or Other Errors
Selma’s Story strives to provide complete, accurate, and up-to-date information on the Site. However, this Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to a Need, and some information may not be complete or current. Selma’s Story does not verify the accuracy of requests or any information supplied by Needs. Selma’s Story reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

Disclaimers and Limitation of Liability
The inclusion of a Need or the posting of a request on this Site does not imply endorsement of such Need or request by Selma’s Story. Selma’s Story cannot and does not endorse the Needs or any information provided in connection with the Needs and cannot control how funds contributed by Users will actually be used by the Partners in fulfillment of Needs’ requests. Selma’s Story makes no representations or warranties with respect to Needs or requests and does not assume any responsibility or liability for Needs or requests.

SELMA’S STORY makes no representationS OR WARRANTIES of any kind regarding thIS Site, THE PARTNERS, the NEEDS, THEIR RESPECTIVE REQUESTS, OR THE Content ON THIS SITE, or any portion thereof, INCLUDING NEED-RELATED CONTENT. tHE SITE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SELMA’S STORY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL SELMA’S STORY BE LIABLE FOR ANY COSTS, LOSSES, EXPENSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, exemplary, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR USE OF THIS SITE, EVEN IF SELMA’S STORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your Privacy.
Selma’s Story will treat any information it collects from you in accordance with its Privacy Policy, which is hereby incorporated by reference. Please review the Privacy Policy before you use this Site. If you are unwilling to accept the practices outlined in the Privacy Policy, do not use this Site.

Digital Millennium Copyright Act
For purposes of the Digital Millennium Copyright Act, if you have complaints or objections to Content posted on this Site, please contact our Designated Agent at the following address: Selma’s Story, Inc., 414 Bridge Street, Franklin, TN 37064.

Governing Law
This Site (excluding Linked Sites) is controlled by Selma’s Story, which is headquartered in the State of Tennessee. By accessing this Site, both you and Selma’s Story agree that the statutes and laws of the State of Tennessee, without regard to its conflicts of laws principles thereof, will apply to all matters arising from or relating to these Terms and/or use of this Site.

Dispute Resolution.
You agree that any dispute arising out of or relating in any way to these Terms, your use of this Site, or your contribution of funds through this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Selma’s Story’s intellectual property rights, Selma’s Story may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the city of Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration. The award of the arbitrators may be enforced in any court having jurisdiction thereof.

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

Acknowledgement
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

Contact Information
If you have any questions about these Terms, the practices of Selma’s Story, or your dealings with this Site, please contact us through one of the methods listed below.