This website at affordablecarenc.com (“Website”) is owned and operated by the Affordable Healthcare Coalition of North Carolina (“AHCNC”). The following terms of use (“Terms of Use”) govern your use of the Website on any platform or application and in any format now known or later developed by us.
Please read these Terms of Use carefully and indicate your agreement by clicking “I agree” on the registration screen. If you do not agree to these Terms of Use, do not use the Website. AHCNC has the right, at its sole discretion, to enhance, change or discontinue all or part of the Website any time. We may update or change these Terms of Use from time to time, in which case we will post the revised Terms of Use on the Website.
For information regarding AHCNC's Privacy Policy, please click here.
In general, you may download, access, and use the AHCNC Platforms for free in accordance with these Terms of Use. Users may also post, upload, and submit information to the AHCNC Platforms for free depending on the functionality of the application and in accordance with these Terms of Use. To use the Website, you must register and create an account. You may also link the Website to an existing social media account, such as a Facebook account (“Linked Services”).
By using the Website, you agree to (i) provide accurate and complete information in any submission, registration, or updates that you input on the Website (“Registration Data”), (ii) maintain the security of your username and password at all times, and (iii) be fully responsible for the full use of your account. If any information that you provide as part of the Registration Data is not true, accurate, current or complete, we may suspend or terminate your right to use the Website.
You are responsible for maintaining security and control over any online identifier, e-mail address and password that you create to use the Website. We are not responsible for any losses arising out of the unauthorized use of your accounts or the Website. If you believe that the security of your username and/or password has been compromised, you agree to immediately change your username and/or password to eliminate this security risk. You will notify us of any known or suspected unauthorized use, activities or disclosure of the Website, or any other breach of security.
The AHCNC Platforms are not designed for, or targeted to, persons under the age of 18. You represent and warrant that you are more than 18 years of age or an emancipated minor, that you are fully competent, and that you otherwise possess the legal right and ability to use the Website Platforms in accordance with these Terms of Use.
If you register to receive notifications, alerts, e-mails or any other communications from us, you consent to receive such communications. You may, at any time, opt out of these communications using the prompts contained at the bottom of the communications.
If you provide a mobile telephone number or any other device information that allows you to receive SMS communications, text messages, or other similar communications, you are specifically providing AHCNC prior express written consent authorizing us to call you or send text messages for any purposes, including commercial purposes. These text messages may be automated.
Functionality
AHCNC may limit the amount of memory, disk space, activity, bandwidth or any other resources available on the Website. Periodically, the Website may become unavailable due to required maintenance or other reasons. AHCNC assumes no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft or destruction or unauthorized access to, or alteration of any content or information that you submit on, to or through the Website.
The Website and all of the services offered on the Website are provided “as is” without express or implied warranty of any kind (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement). In no event will the AHCNC be liable for damages of any kind, including without limitation any special, indirect, incidental, or consequential damages.
Prohibited Uses
Proprietary Content of AHCNC
All content used on and in the Website and the functionality thereof, including without limitation, the text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features and the like, and the trade secrets, trademarks, trade names, service marks, copyrights, and logos contained therein (“AHCNC Content”), are owned by or licensed to AHCNC and are proprietary and protected by applicable intellectual property law. No rights are conferred upon you, either expressly or by implication, to use the AHCNC Content. Except as explicitly permitted by the Terms of Use or the functionality of the Website, the AHCNC Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works, or otherwise exploited for any other purposes whatsoever without our prior written consent. We may change any of the AHCNC Content without notice.
We Do Not Control Third-Party Content
Certain content on the Website contain content, products, resources, and services from third parties, including User Submissions (defined and discussed below). We may provide links, advertisements, solicitations, data, or information related to third parties and their materials. We have no control over such third parties and their materials, and, as such, you agree that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products, or other materials from such third parties. You agree that you assume full responsibility when you choose to access third-party material or follow any links that lead you to third-party websites. You should review the terms of use and privacy policies of these third-party websites.
User Submissions – What You Can and Cannot Submit
Subject to these Terms of Use, users may upload and/or post to the Website data and digital media as may be permitted from time to time by the Website, which may include audio, video, text, story submissions, photos, geo-location data, user profile information, commentary, and other digital content, data, or information supplied by you and other users (“User Submissions”). By uploading or posting User Submissions, you acknowledge that AHCNC will store User Submissions on its servers through an automatic process for use in the Website and that AHCNC does not review, approve, or otherwise assist in the creation of User Submissions.
For each of your User Submissions, you agree that:
We are under no obligation to post or use any User Submissions, and we may remove User Submissions at any time for any reason in our sole discretion.
We reserve the right to decide whether a User Submission is appropriate and complies with these Terms of Use. We assume no responsibility or liability for the deletion, corruption, or loss of any User Submissions or its failure to receive or store User Submissions for any reason, including, without limitation, malfunctioning of any network, hardware, or software. Removal of User Submissions from your AHCNC account will not automatically result in the deletion of the relevant files from AHCNC’s systems and servers. Once a User Submission is uploaded to the Website, AHCNC is not obligated to ensure the deletion of the content from any servers or systems operated by AHCNC or to require that any user delete any specific material.
By submitting the User Submissions on the Website, you grant us a worldwide, non-exclusive, royalty-free, sublicenseable, transferable, perpetual, and irrevocable license to use, reproduce, distribute, modify, delete from, add to, publicly display, and publicly perform your User Submissions for any purpose whatsoever in connection with the Website, including, without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels, and including, without limitation, distributing content to third-party website, social media platforms, or other third party (“Third Party Services”) linked by you, by us, or any other user to the Website. You agree that once content is incorporated in and distributed to a Third Party Service, AHCNC does not have the ability or the obligation to delete or ask other users or the Third Party Service to delete that content, and therefore it may continue to appear subject to the policies of and your agreement with the Third Party Service. You also hereby grant each AHCNC user a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. You grant us permission to distribute the User Submissions to any publication or official we so choose.
AHCNC invites users to submit a story and provide additional content and materials in connection with its “Share Your Story” portal. By doing so, you also agree to the Consent, Grant of Rights, and Release [link] governing your submission of the Story, the Submitted Material, and Your Likeness, as defined in that Consent, Right of Rights, and Release.
If you are a copyright holder who believes that any of the products, services, or content which are directly available via the Website contains infringing copies of your work, please notify our DMCA registered agent at info@affordablecarenc.com with the subject line “DMCA Notice.” You may also send us a notice in writing to North Carolina Coalition for Fiscal Health, Attn: DMCA Agent, P.O. Box 2291, Durham, NC 27702.
Your notice must include (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright, (b) identification of the copyrighted work or works claimed to have been infringed, (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, (d) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address), (e) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner, and (f) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
It is our policy to respond promptly to a valid DMCA notice by removing or disabling access to allegedly infringing material and to notify the user(s) who posted the infringing material. It is also our policy to disable and/or terminate a user’s access to the Website if we determine, in our discretion, that the user is a repeat infringer of copyrighted material.
If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms of Use, we may, in our sole discretion, without notice to you, terminate, suspend, disable, or prohibit your access to the Website. If your access has been terminated, we may, but we are not obligated to, irretrievably delete any and all content we have stored pertaining to activity from your user name and account (and from your Linked Services user name and account). You may terminate this agreement at any time by simply discontinuing use of the Website.
Choice of Law, Venue, and Jurisdiction
AHCNC’s Terms of Use are governed by the State of North Carolina. You expressly agree that exclusive jurisdiction for any claim or dispute with AHCNC, concerning these Terms of Use, or relating in any way to your use of the Website, resides in the federal and state courts located in North Carolina. You further agree that neither you nor AHCNC will participate in a class action or claims brought in a private attorney general or representative capacity, if AHCNC is a party to such a proceeding.
Indemnification
You agree to indemnify, defend and hold harmless AHCNC and its respective directors, officers, employees, agents, partners, clients and contractors from and against any loss, liability, claim, demand, damage, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Website, your violation of these Terms of Use, or your violation of any rights of another user of the Website. AHCNC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
No Obligation to Participate in Disputes Between Users
If there is a dispute between persons who are users of the Website, or between a user and any third party, you understand and agree that we are under no obligation to become involved in any respect. In the event that you have a dispute with one or more other users, you release AHCNC and its officers, employees, agents, representatives and successors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.
Failure by NCCFH to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AHCNC without restriction. If any provision of these Terms of Use, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms of Use shall nevertheless remain in full force and effect.
