Last updated: Feb 13, 2023 11:04 AM

Please read this Terms of Use ("Terms," "Terms of Use") carefully before using the https://onhsf.org website (the "Website") operated by Omaha North High School Foundation, a(n) Nonprofit formed in Nebraska, United States ("us," "we," "our") as this Terms of Use contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Donations

When you make a donation on the Website, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: American Express, check, Discover, MasterCard, Visa, and ApplePay, GooglePay.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Donation-specific Terms

Acceptance of any contribution, gift, or grant is at the discretion of the Omaha North High School Foundation (ONHSF). ONHSF will not accept any gift unless it can be used or expended consistently with the purpose and mission of ONHSF.No irrevocable gift, whether outright or life-income in character, will be accepted if, under any reasonable set of circumstances, the gift would jeopardize the donor’s financial security.

ONHSF will refrain from providing advice about the tax or other treatment of gifts and will encourage donors to seek guidance from their own professional advisers to assist them in making their donations.

ONHSF will accept donations of cash or publicly traded securities. Gifts of in-kind services will be accepted at the discretion of ONHSF. Certain other gifts, real property, personal property, in-kind gifts, non-liquid securities, and contributions whose sources are not transparent or whose use is restricted in some manner, must be reviewed prior to acceptance due to the special obligations raised or liabilities they may pose for ONHSF.

ONHSF will provide acknowledgments to donors meeting tax requirements for property received by the charity as a gift. However, except for gifts of cash and publicly traded securities, no value shall be ascribed to any receipt or other form of substantiation of a gift received by ONHSF.

ONHSF will respect the intent of the donor relating to gifts for restricted purposes and those relating to the desire to remain anonymous. With respect to anonymous gifts, ONHSF will restrict information about the donor to only those staff members with a need to know.

ONHSF will not compensate, whether through commissions, finders’ fees, or other means, any third party for directing a gift or a donor to ONHSF.

Recurring Donations

This Website features donation opportunities that are offered via a subscription model. A subscription model requires regular donations. The initial term of the recurring donation is 1 month.

You may revoke your recurring donation by contacting us within 14 days of making your recurring donation. If you revoke your recurring donation, it will not automatically renew and you will not be charged for the renewals. Please note that you will no longer receive the items or services provided by the recurring donation once you revoke it.

You must make a minimum donation to qualify for the recurring donation. The minimum recurring donation required is as follows: $20.

Automatic renewals of recurring donation

When you initiate a recurring donation on the Website, your recurring donation will automatically renew annually. We will automatically renew your recurring donation by using the payment method on file until you cancel your recurring donation.

You may cancel the automatic renewals of your recurring donation via the following means:

• Email - webadmin@onhsf.org;
• Through the Website.

Please note that you will no longer receive the items or services provided by the recurring donation on your cancellation effective date.

The cancellation of the automatic renewal of your recurring donation will become effective immediately upon your contacting us.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate Omaha North High School Foundation or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

No warranty on Website

This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Availability, errors, and inaccuracies

We assume no liability for the availability, errors, or inaccuracies of the information, products, or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and limitation of liability

In no event shall Omaha North High School Foundation be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, relating to, or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Omaha North High School Foundation has been advised of the possibility of such damages. Omaha North High School Foundation.

Links to third-party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2023 - 2024 Omaha North High School Foundation or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) are the proprietary property of Omaha North High School Foundation and are either registered trademarks, trademarks or otherwise protected intellectual property of Omaha North High School Foundation or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please Contact Us

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark, or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address, and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorney’s fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Omaha North High School Foundation

Governing law, severability, dispute resolution, and venue

These Terms shall be governed and construed in accordance with the laws of the state of Nebraska, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations Convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Douglas County, Nebraska.

You and Omaha North High School Foundation agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Changes to Terms of Use

We reserve the right to make changes to these Terms of Use at any time. We will not provide you with any notice when we make changes to this Terms of Use.

Questions

If you have any questions about our Terms of Use, please contact us: Contact Us.