Terms of Use

Last Updated: These Terms of Use were last updated on November 17, 2022. Please check back periodically for updates and changes.

By accessing, browsing or using the Easterseals UCP (ESUCP) website located at https://www.eastersealsucp.com/ (the “ESUCP Website”), you agree to the following terms and conditions (our ‘Terms of Use’). These Terms of Use govern your access to and use of the ESUCP Website, any associated Content (as defined below) (the ESUCP Website, together with the Content, are collectively referred to as the “System”) and the features, functionality, offers and services made available through the System (the “Services”). 

In these Terms of Use, “ESUCP”, “we,” “us” or “our,” refers to Easterseals UCP North Carolina & Virginia, Inc. and all of its respective members, affiliates, subsidiaries, directors, officers and employees.  “You” and “your” refer to: (a) you, the individual accessing the System and/or using the Services, (b) any electronic agent accessing the System and/or using the Services on behalf of an individual or business entity and (c) the business entity on whose behalf an individual or electronic agent is accessing the System and/or using the Services.

These Terms of Use constitute a contract between you and ESUCP.

By using the ESUCP Website you represent and warrant the following:

  • You have read and agree to be bound by the Terms of Use.
  • You agree to comply with the laws of the United States and all other applicable laws regarding your access to and use of the ESUCP Website.
  • You agree not to use the ESUCP Website for illegal purposes.
  • You agree not to interfere or disrupt the networks connected to the ESUCP Website.
  • If you have any questions about our Terms of Use, contact us at info@eastersealsucp.com. You may also contact us in writing to Easterseals UCP, 5171 Glenwood Avenue, Suite 211, Raleigh, NC 27612.

Minors

If you are a minor in your state of residence, then you are not authorized to use the System or the Services, unless (a) you have secured the authorization of your parent or legal guardian to use the System and the Services and your parent or legal guardian has agreed to these Terms of Use on your behalf, (b) your parent or legal guardian has not revoked such agreement and (c) you agree to the provisions of these Terms of Use.

Changes to the Terms of Use

We may update or modify these Terms of Use at any time effective upon posting the revised Terms of Use, along with the date on which it was most recently updated, on the System. We may give notice of such updates and modifications by any means, including without limitation, by posting a revised version of these Terms of Use on the Site, or providing other notice on the System (“Notice”). All Notices will be effectively immediately. You should view these Terms of Use often to stay informed of any changes that may affect you. Your continued use of the System and/or the Services thereafter signifies your acceptance to such changes. 

The version of these Terms of Use posted on the System on each respective date you visit the System will be the Terms of Use applicable to your access and use of the System and Services on that date. Our electronically or otherwise properly stored copies of these Terms of Use and the Privacy Policy shall be deemed to be the true, complete, valid, and authentic copy of the version of the Terms of Use that were in force on each respective date you visited the System. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue access to the System or use of the Services (or any portions, components, or features thereof) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability.

Disclaimer of Warranties

The information and materials available through the System and the Services are for informational and educational purposes only. You acknowledge and agree that your access and use of the System and Services is at your own risk. 

We and/or our third party suppliers or licensors do not represent, warrant or guarantee that the System or the Services are or will be accurate, complete, current, free of technical and typographical errors, valid, secure, reliable, appropriate for any particular use to which you are any third party may choose to put them, that they will be available on an uninterrupted or error-free basis, that defects will be identified or corrected, that the System and Services are free of viruses or other disabling devices or harmful components or that the System and Services will be of good quality. You assume the risk of any and all damage or loss from the use of, or inability to use, the System or the Services. We make no warranty that the System or the Services will meet your requirements. If you are dissatisfied with the System or the Services, your sole remedy is to discontinue using the System or the Services.

The System and the Services are available “as is” and “as available”, without warranties of any kind, either express, implied or according to statute, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade.

We may make changes to the System or Services anytime without notice.

Indemnity

You agree to indemnify, defend and hold ESUCP, its officers, directors, employees, licensors, licensees, suppliers, affiliated entities, agents, and contractors, harmless from and against any loss, damage, liability, claim, demand, cost, and expense (including attorneys’ fees), brought by any third party in connection with, arising out of or related to content, data, or information that you submit, post to, or transmit through the System or Services, your access to and use of the System and/or Services, your violation of these Terms of Use, your violation of any applicable law, regulation or code, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Limitation of Liability

In no event shall ESUCP, its contractors, suppliers, content providers, or the officers, directors, employees, representatives, and agents of each of the foregoing, be liable to you or any third party for any loss, cost, damages whatsoever, whether in contract, tort, negligence strict liability, or otherwise, arising out of or in connection with: (a) the use of, or reliance on, the System and/or Services; (b) the security of the System and/or the Services; (c) the use, copying, or display of the System and/or the Services or the transmission of information to and from the System over the internet; (d) ESUCP’s performance of, or failure to perform, its obligations in connection with these Terms of Use and the Services; (e) any defamatory, offensive, or illegal conduct by you, other users of the System or the Services or other third parties; or (f) the availability, reliability, accuracy, timeliness, or quality of the System or Services. Under no circumstances, shall ESUCP, its contractors, suppliers, content providers, of the officers, directors, employees, representatives, or agents of each of the foregoing, be liable to you or any third party for any indirect, special, incidental, consequential, punitive or similar damages arising out of or in connection with these Terms of Use, the System, the Services, or anything described in the foregoing clauses (a) through (f) of this paragraph, or any other cause beyond control of ESUCP even if we have been told, knew, or should have known about the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the aggregate liability of ESUCP, its contractors, suppliers, content providers, and the officers, directors, employees, representatives, and agents of each of the foregoing, shall be limited in accordance with these Terms of Use and to the fullest extent permitted by law. 

Without limiting any of the foregoing, if ESUCP, its contractors, suppliers, content providers, or any of the officers, directors, employees, representatives, or agents of any of the foregoing, is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms of Use, the System, or the Services, ESUCP and such parties’ cumulative, aggregate, and maximum liability for all such claims and other matters in any calendar year shall not exceed USD $100.00.

Restrictions on Use

You may not use the System or the Services in any way that is not consistent with the Terms of Use or any way that is illegal, unauthorized, fraudulent, or for a malicious purpose. You agree to use the System and the Services only for your own noncommercial use and benefit. You agree that you will not sell or transfer the System or Services information, materials or forms to any other person or entity for their use or benefit.

Any use or attempted use of the System and/or the Services (i) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (ii) that could interfere with any other party’s use and enjoyment of the System or the Services; (iii) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (iv) to access systems, data or information not intended by ESUCP to be made accessible to a user; (v) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vi) for any use other than the purpose for which it was intended, is prohibited.

You agree that you will first get our consent before copying anything from the System or the Services or transferring anything from the System or the Services to anyone else.

You agree to notify us as soon as you become aware that anyone has used the System or Services in a way that conflicts with the Terms of Use. You also agree to notify us if you learn of any claim that the System or Services infringes upon any copyright, trademark or other contractual, statutory or common law rights.

YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SYSTEM OR SERVICES, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SYSTEM AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.

YOU MAY NOT USE THE SYSTEM OR SERVICES IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER THAT CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH OUR CONSENT. YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.

YOU WILL NOT USE THE SYSTEM OR SERVICES OR THE INFORMATION CONTAINED IN THE SYSTEM OR SERVICES IN UNSOLICITED MAILINGS OR SPAM MATERIAL OR TO SEND UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL.

In addition, in connection with your use of the System and the Services, you agree you will not: 

  1. advertise or solicit any personal or entity to buy or sell any products or services through the System, or use any Content obtained from the System in order to contact, advertise to, solicit, or sell to any person or entity;
  2. upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
  3. create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any ESUCP representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  5. upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  6. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  7. use any of the System’s or Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  8. upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  9. delete or revise any material posted by any other person or entity;
  10. probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems without the express prior written consent of ESUCP;
  11. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
  12. harvest or otherwise collect information about others, including e-mail addresses; 
  13. attempt to gain any unauthorized access to the System, the Services or any of its associated Content, including computer systems, software, or networks; or
  14. use any robot, spider, scraper, or other automated or manual means to access the System or the Services, or copy any Content or information thereon.

Ownership of the System and Services and Access License

You understand and agree that ESUCP owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the Services, and all information, text, data, computer code, software, logos, content, photographs, flash animations, video, audio and graphics, and other materials contained therein (collectively, the ‘Content’). For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through third party websites. 

You acknowledge that the System and Services are propriety to ESUCP and are protected by applicable intellectual property and/or other proprietary rights and laws and treaties of the United States and other countries, and that you acquire no ownership interest in the System or the Services by access and using either. All individual articles, columns and other elements making up the System and Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the System or the Services.

License Grant

Subject to these Terms of Use, ESUCP hereby grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the System and the Services solely for your personal, non-commercial, and internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any other Content available via the System or the Services. All rights not expressly granted to you in these Terms of Use are reserved and retained by ESUCP.  

Rights Reserved

ESUCP reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Use, including, without limitation, the suspension or termination of your access and/or account. ESUCP may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. ESUCP reserves the right at all times to disclose any information as ESUCP 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 ESUCP’s sole discretion. You also agree to reimburse ESUCP for any damage, loss, cost or expense ESUCP incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the System or the Services for any unlawful or prohibited purpose.

Accounts, Passwords, and Security

In order to utilize certain Services, you may need to set up an account (including establishing a login ID and password). You shall update your password at regular intervals. You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify ESUCP immediately upon learning of any unauthorized access or use of your account, login ID, or password or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by ESUCP or any other person or entity due to another person using your account, login ID, or password.    

If you choose to share your information regarding your account, login ID, or password, you do so at your own risk. If you become aware of any unauthorized access or use of your account, login ID, or password, you must reset your password immediately. You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. You may not transfer or assign your account.

ESUCP cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to suspend or terminate, with or without notice, your account in the event that you breach any of these Terms of Use.    

Links to Other Websites

For your convenience, certain hyperlinks may be provided on the System and Services that link to other websites or social media platforms which are not under the control of ESUCP (the “Linked Websites”). We do not endorse, support, sanction, or verify the Linked Websites and are not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. ESUCP disclaims all liability for Linked Websites, for all access to and use thereof, and for use of the links to such Linked Websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against ESUCP arising from or based upon any such use of any Linked Websites. Unless we have otherwise specifically said so, we have no affiliation with any of the organizations mentioned or described on the System and Services. We make no representations or warranties with regard to those organizations. 

Disclaimer of Third Party Information

To the extent that any information, material, or functionality on the System and Services is provided by third party content providers (“Third Party Materials”), ESUCP has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. ESUCP does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with ESUCP.

Governing Law/Jurisdiction/Claims Limitation

These Terms of Use will be governed and be interpreted pursuant to the laws of the State of North Carolina, United States of America, notwithstanding any principles of conflicts of law, and you hereby consent and irrevocably submit to the exclusive jurisdiction of the courts of the State of North Carolina for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use or in connection with your access to and use of the System or the Services. You further expressly waive that venue is improper for any reason in these courts. Any dispute, claim, controversy, or other legal action brought by you that arises out of or in any way relates to these Terms of Use or your access to and use of the System or the Services must be commenced within one year after the cause of action arises. 

General

These Terms of Use (as may be revised and amended from time to time according to its terms) constitute the entire agreement with respect to your access to and use of the System and the Services. You agree that you shall not contest the admissibility or enforceability of ESUCP’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Even if we fail to act when you or others fail to follow the Terms of Use, we continue to have the right to act against you and others at any time for any other violations or breaches of the Terms of Use. We are not liable for any delay or failure to act that results directly or indirectly from any causes beyond our reasonable control. 

Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and ESUCP. We may freely assign our rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of ESUCP. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. 

Neither these Terms of Use, nor any of the Services, create any partnership, joint venture, employment, or other agency relationship between ESUCP and you. You may not enter into any contract on our behalf or bind us in any way.

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.