TERMS OF USE

Welcome to the Gene Vance Jr. Foundation website. Throughout the site, the terms “Gene Vance Jr. Foundation,” “we,” “us” and “our” refer to the Gene Vance Jr. Foundation.  We offer this website, including all information, tools and services available from this website, to you, the user, conditioned upon your acceptance of all these Terms of Use.  Your affirmative act of accessing or using this site signifies your consent to, without limitation or qualification, these Terms of Use.  If you do not wish to be bound by these Terms of Use, please do not use the site.

We reserve the right to modify the contents of this site at any time, including the features, availability, or operation of the site, these Terms of Use, or any policy or notice posted on the site.  You agree that it is your responsibility to monitor changes to the site, and your continued use of this site following the posting of changes means that you agree to and accept the changes.

Ability to Accept Terms of Use

You affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to qualify under, abide by, and comply with these Terms of Use.

Use of the Site

All content included on this site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces and code, and software, as well as the selection and arrangement thereof, are the exclusive property of the Gene Vance Jr. Foundation, its affiliates, its licensors or its content providers and is protected by copyright, trademark, and other applicable laws.  Any other use of the material on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, is expressly prohibited.  

 

The Gene Vance Jr. Foundation retains full and complete title to the material provided on the site, including all associated intellectual property rights, and provides this material to you under a license that is revocable at any time in our sole discretion.  The Gene Vance Jr. Foundation neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with us.

You may not use contact information provided on the site for improper purposes, including marketing.  You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site.  You agree not to interrupt or attempt to interrupt the operation of the site in any way.  The Gene Vance Jr. Foundation reserves the right, in its sole discretion, to terminate your access to or use of the site at any time without notice.  Termination of your access or use will not waive or affect any right or relief to which we may be entitled, at law or in equity.

You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material.  You may not upload to, distribute or otherwise publish through this site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”  You may not use a false e-mail address or other identifying information, or impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

By viewing the material on this site you understand and accept that statements expressed on this site reflect the views of the author or authors shown and do not necessarily signify an endorsement of any kind. Material is solely for educational purposes and The Gene Vance Jr. Foundation is not liable for any decision made or action taken based on the information contained on this site. The information cannot be used as a substitute for professional care and does not represent a standard of care. No physician-patient or any other kind of professional relationship is being established when using this site.

Links

This site may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Your correspondence or business dealings with any entities found through linked sites are solely between you and such entity.  The Gene Vance Jr. Foundation is not responsible for any losses, damages, or other liabilities incurred as the result of any such dealings.

Trademark

Trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of the Gene Vance Jr. Foundation, its affiliates, its licensors, its content providers, and other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein.  The Gene Vance Jr. Foundation reserves all rights not expressly granted in and to the site and its content.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE GENE VANCE JR. FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE GENE VANCE JR. FOUNDATION OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. THE GENE VANCE JR. FOUNDATION DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT THE GENE VANCE JR. FOUNDATION, ITS AFFILIATES OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, THE GENE VANCE JR. FOUNDATION'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE GENE VANCE JR. FOUNDATION OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE GENE VANCE JR. FOUNDATION, ITS AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE GENE VANCE JR. FOUNDATION IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND thE GENE VANCE JR. FOUNDATION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification
By using this site, you agree to indemnify, defend and hold harmless the Gene Vance Jr. Foundation and its affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.  The Gene Vance Jr. Foundation reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Gene Vance Jr. Foundation in defense of such matter.

Jurisdiction

The site is controlled by the Gene Vance Jr. Foundation from its offices within the United States of America.  The Gene Vance Jr. Foundation is incorporated in the State of North Carolina in the United States of America, and this site has been designed to comply with the laws of the State of North Carolina.  The laws of the State of North Carolina govern these Terms of Use and your use of the site. If you choose to access the site from a location outside the United States, you do so at your own risk and with the understanding that laws applicable in your location may not be applicable to this site. By using the site, you irrevocably consent to the jurisdiction of courts located in the State of North Carolina for any action to enforce these Terms of Use.

Entire Agreement

This agreement and any posted policies or operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

PRIVACY and SECURITY

 

POLICY

We at the Gene Vance Jr. Foundation respect your concerns about privacy and value the relationship we have with you. This Privacy Notice applies to the online practices of the Gene Vance Jr. Foundation website. The Notice describes the types of information we collect, how we may use that information and with whom we may share it. Our Privacy Notice also describes the security measures we take to protect the information. We also tell you how you can reach us to update your contact information, remove your name from our mailing lists or get answers to questions you may have about our privacy practices.

How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized access, disclosure, alteration use or destruction of the information you provide on our websites.

Information We Share

We do not sell or otherwise disclose personal information about our website visitors, except as described here. In our efforts to provide vital life giving services we may share information marked as "Private and Confidential" only with express permission from a website visitor.

We take your concerns very seriously. Please clearly mark your correspondence when submitting your forms online or by contacting us as indicated in the “How to Contact Us” section of this Notice.

We may share other information you provide not marked as private and confidential among our subsidiaries and affiliates and with our joint marketing partners. This also applies to our volunteer network providers, members and other joint partners including pro-bono service providers. We also may share the information with service providers we have retained to perform services on our behalf.    Service providers and others as mentioned here are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. In addition, we may disclose information about you (i) if we are required to do so by law.   These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. In addition, we may disclose information about you (i) if we are required to do so by law, regulation or legal process (such as a court order or subpoena), (ii) in response to requests by government agencies, such as law enforcement authorities, (iii) for the purpose of or in connection with legal proceedings, or otherwise for the purpose of establishing, exercising or defending our legal rights, or (iv) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.

If you are a California resident, you may ask us to refrain from sharing your information with third parties and among our affiliates for their marketing purposes. Please tell us your preference by contacting us as indicated in the “How to Contact Us” section of this Notice.

Information We Collect and How We Use It

Personal Information

You may choose to provide personal information (such as your name, address, telephone number, email address or health information) while visiting this website.

Here are the ways you may provide information and the types of information you may submit. We also tell you how we may use the information.

Provision of Services

If you request services, or participate in or otherwise facilitate the provision of services, we may ask for information such as your name, postal address, and e-mail address so that we can communicate with you and provide services.

Information Requests

If you request specific information from us, we ask for information such as your name, postal address, e-mail address and in some instances health information so we can provide you with the information you requested. You may choose to provide additional information as well, such as your phone number.

Contact Us

If you e-mail us through this site, we will receive your e-mail address and any other information you choose to include in your e-mail. We use your e-mail address to respond to your inquiry.

E-mail Alerts

If you would like to receive e-mail alerts regarding news releases and other topics, we ask you for your e-mail address. We use your email address to send you e-mail alerts on the topics you selected.

Donations and Product Purchases

If you make a donation or purchase products on the website, we may collect your payment information, such as payment card details, financial account information and billing address.

Other Website Features

We offer visitors to our websites various features for their information and enjoyment, which we may change from time to time.  We may ask you to submit certain personal information so we can provide you with these features.

Other Uses of Information

We may use the personal information you provide for internal purposes. These purposes include administration and compliance with our legal obligations, policies and procedures.

Information We Collect by Automated Means

We collect certain information by automated means when you visit our websites, such as how many users visited our sites and the pages accessed. By collecting this information, we learn how to best tailor our websites to our visitors. We collect this information through various means such as “cookies,” “web beacons,” and IP addresses.

Cookies

Like many companies, we use “cookies” on our websites. Cookies are bits of text that are placed on your computer’s hard drive when you visit certain websites. We use cookies to tell us, for example, whether you have visited us before or if you are a new visitor and to help us identify site features in which you may have the greatest interest. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site.

Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all our website features. For more information on deleting or controlling cookies, visit www.aboutcookies.org.

Web Beacons

Certain pages on our websites contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party.

IP Addresses

An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit our websites, we may view the IP address of the device you use to connect to the Internet. We use this information to determine the general physical location of the device and understand from what regions of the world our website visitors come. We also may use this information to enhance our websites.

Online Tracking

We may use third party web analytics services on the Site, such as those of Google Analytics and Inspectlet.  These services help us analyze how users use the Site.  The information collected for this purpose (including IP address and other information collected by automated means) will be disclosed to or collected directly by these service providers.  To learn more about Google Analytics and how to opt out, please visit www.google.com/analytics/learn/privacy.html. To learn more about Inspectlet and how to opt out, please visit https://www.inspectlet.com/optout.

Links to Other Sites

Our websites may provide links to other websites for your convenience and information. These websites may operate independently from this site and have their own privacy notices or policies, which we strongly suggest you review.  We are not responsible for the content, use, or privacy practices of any other websites.

Updates to Our Privacy Notice

This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our online information practices. We will post a prominent notice on this site to notify you of any significant changes to our Privacy Notice and indicate at the top of the notice when it was most recently updated.

 

 EVENT PARTICIPATION INDEMNITY

 

POLICY

Your participation in an event organized, promoted, sponsored or in any other way supported, endorsed or featured by The Gene Vance Jr. Foundation on this website or elsewhere in the public domain means you acknowledge and agree that The Gene Vance Jr. Foundation is in no way responsible for inherent risks associated with an event and/or activity as stated and shall have no liability of whatever kind or nature. 

“FREEDOM RIDE RUN WALK” Movement

You understand and acknowledge that there are risks related to your participation in the activities as stated.  Some of these risks are known and some are unknown or anticipated and can include property damage and serious physical or mental injury or death.  You understand that such risks are an inherent part of participation in the “FREEDOM RIDE RUN WALK” Movement and cannot be fully eliminated.  YOU HEREBY ASSUME THE RISK OF ANY PERSONAL INJURY, PROPERTY DAMAGE, ILLNESS OR DEATH ARISING FROM YOUR PARTICIPATION IN THE “FREEDOM RIDE RUN WALK” Movement. 

PUBLICITY 

Your participation in any event organized, promoted, sponsored or in any other way supported, endorsed or featured by The Gene Vance Jr. Foundation on this website or elsewhere in the public domain means you release all rights of publicity, privacy and copyright to The Gene Vance Jr. Foundation granted by statute or under common law (if any).

 

You specifically authorize the Gene Vance Jr. Foundation and its affiliated entities to use, re-use, reproduce, publish and re-publish your identity, name, voice, photograph or any other likeness of you (“Likeness”), in whole or in part, in any advertising, promotions or marketing materials related to the Gene Vance Jr. Foundation or its affiliated entities.   YOU RELEASE AND DISCHARGE the Gene Vance Jr. Foundation FROM ANY AND ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO USE OF YOUR LIKENESS. 

 

All right, title and interest in and to any materials containing your likeness (including, without limitation, photographs, videos and other promotional materials)  prepared by or on behalf of the Gene Vance Jr. Foundation or its affiliated entities in connection YOUR activities as a participant in any event including but not limited to the “FREEDOM RIDE RUN WALK” Movement, including all intellectual property rights thereto, shall vest in and be retained by the Gene Vance Jr. Foundation or its affiliated entity, as applicable.

Your Choices — How to Contact Us

If you would like to update your contact information or preferences, or have your information removed from our mailing lists, you may

 

This site is created and sponsored by MIKE M INC. GLOBAL BRAND DEVELOPMENT U.S.A. ©2020 The Gene Vance Jr. Foundation ALL RIGHTS RESERVED