Battleship Missouri - Friends of the Mighty MO

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1-877-MIGHTYMO

USS Missouri Memorial Association, Inc.
P.O. Box 879, Aiea, Hawaii 96701
Phone: (808)423-2263
Email: bigmo@ussmissouri.org
Web: www.USSMissouri.org

Privacy



The USS Missouri Memorial Association is committed to balancing the privacy of member information with the vast information of opportunities that may be of interest to the membership. We do not sell or distribute information to generate revenue for the organization. UMMA revenue is generated by retail sales, admissions, online donations, membership dues, donations, sponsorships, and announcement service fees. The following communication policy provides the following guidelines:

Table of Contents

  • Purpose
  • Definition: UMMA Members & Non-Members
  • About the UMMA Database
  • Subscribed & Unsubscribed Members
  • Service Areas: Membership & Non-Members
  • Fees for Services
  • Avoiding Member Fatigue
  • In-State vs. Out-of-State Participation
  • Illegal Use of Membership Information

Purpose
The UMMA Privacy & User Policy demonstrates the integrated efforts (both online and in the office) to communicate expectations to members and non-members with an ethical, clear, and permission based approach. This policy helps guide the UMMA to make decisions which impact membership growth, quality services, and how to address member and non-membership inquiries. We invite suggestions to improve this policy as needed.

Definition: UMMA Member & Non-Members
UMMA has several vendors & stakeholders but is dedicated, foremost, to supporters who aim to help us accomplish the UMMA mission: to create and maintain a fitting memorial to the people and historic events that reflect our nations legacy of duty, honor, strength, sacrafice and resolve. Any person or organization that does not hold a current membership card, registered by UMMA, is considered a non-member. Members are part of the "Friends of the Mighty Mo" Program and include anyone who provides an annual gift of $40 or more to UMMA and holds a membership card. Members and are provided benefits to utilized programs and services. Non-members may be invited to participate in programs & services on a space available basis, and do not receive the same benefits as members.

Databases
The Development Department manages the online email subscription database and the member database. Both are unique as they focus on communicating with UMMA members and potential members as well as stakeholders who have indicated interest in supporting the Battleship Missouri. To subscribe, simply go to www.mightymomembers.org.

Subscribed & Unsubscribed
All members are automatically considered subscribed to the membership database upon membership. Subscribed persons must indicate when they want to unsubscribe. Unsubscribed members are defined as members who have requested no communication contact. Any member or non-member will be immediately unsubscribed from all communication within 24 hours. Due to the current UMMA operational limits, members and non-members will have two unsubscribe choices: from commercial announcements only or from all service announcements. Unsubscribing means email versions will be sent.

Ordering Services to Communicate Annoucements Members and Non-Members
UMMA communicates information by the following service areas: 1) Broadside e-Newsletter, 2) Event Invitations, 3) Job Announcements, 4) Commercial Announcements, or 5) Special Requests. The UMMA Communication and announcement network aims to have 50,000 subscribers. As a valuable annoucement resource to a broad community of professionals, it requires a monetary investment by UMMA for the staffing and tools necessary to administer the services.

The following fee and distribution schedule are provided to generate the revenue necessary to maintain our communication network.

1) UMMA General Announcements & Newsletter
General UMMA email news and e-newsletters are free. These are general announcements such as recognition of accomplishments, updates of legal policies affecting the industry, or relaying decisions made by the UMMA Board of Directors. The Broadside e-newsletter is a monthly online publication that features the volunteer of the month, a collection item, a fundraising article, upcoming event information, and links to feature information. Depending upon membership giving levels, some members free annual annoucements. See membership benefits for more information.

2) UMMA Sponsored Event Invitations
UMMA Event Invitations are sponsored and planned as annual partner initiatives, approved by the UMMA Board, and are free or discounted announcements to members and non-members. This includes education events, workshops, seminars, and trainings. Non-sponsored UMMA events are considered commercial announcements and require a fee to be paid to UMMA to announce the events to subscribed members.

3) Job Announcements
UMMA charges both members and non-members to announce job or career position opportunities to the vast subscribership. The fees are discounted for current members as of the distribution date of the email announcement. Different fees apply for members ($50) versus non-members ($100). To receive member discounted fees, the UMMA member must provide a membership number and turn in sign the service order (sample below) and is responsible to help UMMA receive payment within 30 days. Unless expedited, each commercial announcement is part of the same email "postcard" which is sent once per week on a routine basis.

4) Commercial Announcements
Both UMMA members and non-members are required to pay a fee for the commercial marketing of any events or announcements that are not sponsored by UMMA. Different fees apply for members ($50) versus non-members ($100). To receive member discounted fees, the UMMA member must provide a membership number and turn in sign the service order (sample below) and is responsible to help UMMA receive payment within 30 days.

5) Special Requests -
Communication that does not fall within the categories above is forwarded to the Vice President of Development who determines the fee pricing, urgency, and distribution date with the requestor.

6) Expedite & Alteration Services
For those submissions that need to be distributed immediately as seperate announcements or require alteration assistance, UMMA charges members ($200) and non-members ($250) service fee. Examples of alteration services ($35/hr) include but are not limited to submissions that may need to be changed into an acceptable format, size, graphic or margin revisions, or necessary spelling and grammar changes before distribution. UMMA will notify the sender if the distribution request date is different from the regular schedule or if communication materials do not meet the communication format.

Annoucement Format
Announcements are sent in electronic HTML "postcards". We request that the content be designed with the following in mind: ready-to-send content in a Microsoft Word, HTML, or PDF format. The final broadcast email must be smaller that 500KB. Please provide 300 dpi resolution or higher for images (less than 500KB). UMMA will notify the sender if communication materials need additional preparation, and to confirm any service fees.

Fees for Services
The UMMA communication network is a valuable resource to the community and requires a monetary investment by UMMA for the staffing and tools necessary to administer our services. The UMMA Board has established the following fee and distribution schedule to generate the revenue necessary to maintain our communication network. Payments are required within 30 days and are subject to collection and finance charges after 30 days. For service area descriptions, see the details above.

(Apply Communication Fees & Distribution Schedule)

Avoiding Member Fatigue & Excessive Administration Expenses
UMMA distributes communication materials within a schedule to avoid member fatigue and the cost of extra administrative fees to manage the mail and email services. The distribution schedule is outlined on the Fee Table above for each service.

In-state Versus Out-of-State Member Participation
Participation in member programs is open to any card carrying UMMA member. Participation is registered on a first come, first serve basis. Out-of-State participants will be charged non-member rates without proper identification.

Illegal Use of Member Information
No member information may be collected or distributed without UMMA approval. This is considered a serious infraction and may result in the loss of membership or legal penalties as the law allows.

Policy Changes
Each year these guidelines are updated and integrated into the UMMA operations. UMMA reserves the right to change these at any time. If you have suggested revisions to the communication policy, or if there are any questions, please contact UMMA Development Department at development@ussmissouri.org or call 808-455-1600 x 244.

USE OF UMMA COMMUNICATION NETWORK

The UMMACOMMUNICATION & Annoucement network is comprised of various email announcements, online newsletters, web sites, portals, and web pages operated by UMMA or its affiliates (collectively, the "UMMA Sites/Services"). The UMMA Communication & Announcement Network offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the UMMA Communication & Announcement Network constitutes your agreement to all such terms, conditions, and notices.

Your use of a particular UMMA Sites/Services included within the UMMA Communication & Announcement Network may also be subject to additional terms outlined elsewhere in this agreement. Additionally, the UMMA Communication & Announcement Network may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or special offers). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular UMMA Sites/Services, then these terms shall control.

Review below for specific terms and conditions, which govern these additional UMMA Communication & Announcement Network and/or services:

1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
2. MEMBER ACCOUNT, PASSWORD, AND SECURITY
3. MODIFICATION OF THESE TERMS OF USE
4. PERSONAL AND NON-COMMERCIAL USE LIMITATION
5. LINKS OR ADVERTISING OF THIRD PARTY SITES
6. NO UNLAWFUL OR PROHIBITED USE
7. USE OF SERVICES
8. LIABILITY DISCLAIMER
9. STORAGE SPACE AND OTHER LIMITATIONS
10. SERVICE CONTACT: development@ussmissouri.org
11. TERMINATION/ACCESS RESTRICTION
12. LANGUAGE
13. GENERAL
14. COPYRIGHT AND TRADEMARK NOTICES
15. CLAIMS OF COPYRIGHT INFRINGEMENT
16. STATISTICS
17. NO PROFESSIONAL ADVICE
18. SHOPPING
19. SPECIFIC RESTRICTIONS ON USE OF ASSOCIATED PRESS MATERIAL
20. AUCTIONS: ELIGIBILITY; AUTHORIZED USE
21. FEES; PAYMENT
22. USING PARTNER SERVICES
23. UNSUBSCRIBE

1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
For disclosures relating to the collection and use of your information, contact development@ussmissouri.org. We do not collect names and information to sell. We may use information without identifying information in polling and surveying. Contact us for specific information.

2. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular UMMA Site/Service requires you to use a password, for instance access to the "members only" login area, you must be registered and approved by the UMMA permission process by providing us with current, complete, and accurate information. You will then be given a password and user name. If provided, you are entirely responsible for maintaining the confidentiality of your password and account.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify UMMA immediately of any unauthorized use of your account or any other breach of security. UMMA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by UMMA or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder, but all users must be registered with the UMMA office.

3. MODIFICATION OF THESE TERMS OF USE
UMMA reserves the right to change the terms, conditions, and notices under which the UMMA Sites/Services are offered, including but not limited to the charges associated with the use of the UMMA Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the UMMA Sites/Services constitutes your agreement to all such terms, conditions, and notices.

4. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the UMMA Sites/Services are for you and your organization’s informational use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the UMMA Sites/Services.

5. LINKS OR ADVERTISING OF THIRD PARTY SITES
The UMMA Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of UMMA and UMMA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. UMMA is not responsible for webcasting or any other form of transmission received from any Linked Site nor is UMMA responsible if the Linked Site is not working appropriately. UMMA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by UMMA of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the UMMA Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. UMMA shall not be responsible or liable for any part of any such dealings or promotions.

UMMA will accept any request for web-advertising space from the online inquiry form. The Board of Directors of UMMA will vote as a Board whether to accept the request on a first come first serve basis. The UMMA Board of Directors reserved the right to change web-advertising space as needed. The following guidelines are as follows:
1). Ads and links will not be sold to organizations that conflict with the UMMA Standard of Ethics.
2). Discussion and acceptance of Ads/links are approved by 50% of the UMMA BOD.
3). Complaints are to be submitted to any member of the Executive UMMA Board of Directors.
4). Managers and hosts are not authorized UMMA spokespersons, and their views do not necessarily reflect those of UMMA.

6. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the UMMA Sites/Services, you will not use the UMMA Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the UMMA Sites/Services in any manner which could damage, disable, overburden, or impair any UMMA Site/Services (or the networks connected to any UMMA Site/Services) or interfere with any other party's use and enjoyment of any UMMA Site/Services. You may not attempt to gain unauthorized access to any UMMA Site/Service, other accounts, computer systems or networks connected to any UMMA Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the UMMA Sites/Services.

7. USE OF SERVICES
The UMMA Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) that are not approved by UMMA.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an UMMA Site/Service(s) or other user or usage information or any portion thereof.

UMMA has no obligation to monitor the Communication Services. However, UMMA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. UMMA reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

UMMA reserves the right at all times to disclose any information as UMMA 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 UMMA's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. UMMA does not control or endorse the content, messages or information found in any Communication Service and, therefore, UMMA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO UMMA OR POSTED AT ANY UMMA WEB SITE
UMMA does not claim ownership of the materials you provide to UMMA (including feedback and suggestions) or post, upload, input or submit to any UMMA Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting UMMA, its affiliated companies and necessary sublicenses permission to use your submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. UMMA is under no obligation to post or use any Submission you may provide and UMMA may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

8. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE UMMA SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE UMMA SITES/SERVICES AND TO THE INFORMATION THEREIN. UMMA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE UMMA SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE UMMA SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

UMMA CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE UMMA SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. UMMA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT UMMA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN UMMA SITE/SERVICE. YOU SPECIFICALLY AGREE THAT UMMA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT UMMA IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN UMMA SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL UMMA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE UMMA SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE UMMA SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE UMMA SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE UMMA SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UMMA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE UMMA SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE UMMA SITES/SERVICES.

9. STORAGE SPACE AND OTHER LIMITATIONS
The amount of storage space per user is limited for each UMMA Site/Service which provides such storage, please visit the applicable FAQ pertaining to that service for more information. Some messages may not be processed due to space constraints or may be postponed in deliver or outbound message limitations. You agree that UMMA is not responsible or liable for the deletion or failure to receive messages, store messages, or other information.

10. SERVICE CONTACT: development@ussmissouri.org

11. TERMINATION/ACCESS RESTRICTION
UMMA reserves the right, in its sole discretion, to terminate your access to any or all UMMA Sites/Services and the related services or any portion thereof at any time, without notice.
UMMA may also terminate or suspend your access to UMMA Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by UMMA. Upon termination of the UMMA Site/Service, your right to use the UMMA Site/Service immediately ceases. UMMA shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party, but will to the best of it’s ability, maintain and forward content as requested.

12. LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English.

13. GENERAL
The laws of the State of Hawaii, U.S.A, govern this agreement. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Honolulu, Hawaii U.S.A. in all disputes arising out of or relating to the use of the UMMA Sites/Services. Use of the UMMA Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and UMMA as a result of this agreement or use of the UMMA Sites/Services. You agree to indemnify and hold UMMA, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the UMMA Sites/Services.

UMMA reserves the right to disclose any personal information about you or your use of the UMMA Sites/Services, including its contents, without your prior permission if UMMA has a good faith belief that such action is necessary to:
(1) conform to legal requirements or comply with legal process;
(2) protect and defend the rights or property of UMMA or its affiliated companies;
(3) enforce the terms or use; or
(4) act to protect the interests of its members or others.

UMMA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of UMMA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the UMMA Sites/Services or information provided to or gathered by UMMA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and UMMA with respect to the UMMA Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and UMMA with respect to the UMMA Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

14. COPYRIGHT AND TRADEMARK NOTICES:
UMMA and/or its national UMMA Office own all contents of the UMMA Communication & Announcement Network. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

15. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement be sent to: webmaster@UMMAhawaii.org.

**SPECIAL NOTE *** ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING UMMA THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. For other inquiries contact development@ussmissouri.org.

Written notification must be submitted to the following Designated Agent:
Full Address of Designated Agent to which notification should be sent:
UMMA
c/o Development Office
63 Cowpens
Honolulu, HI 96818

To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
1. UMMA shall remove or disable access to the material that is alleged to be infringing;
2. UMMA shall in it’s best effort forward the written notification to such alleged infringer.
3. UMMA shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication provided to the UMMA’s Designated Agent that includes substantially the following:
1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
1. UMMA shall promptly provide the Complaining Party with a copy of the Counter Notification;
2. UMMA shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
3. UMMA shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided UMMA’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on UMMA’s website or related services.

16. STATISTICS
Periodically statistics or survey results may be provided by UMMA or it’s project partners to help facilitate issues related to fundraising in Hawaii. The accuracy of the statistics as obtained is assumed to be correct, but is not guaranteed. No inferences should be drawn regarding the likelihood of an event occurring or not occurring at a particular location based on the statistics or published.

17. NO PROFESSIONAL ADVICE
The information appearing in email alerts is intended solely as general guidance on fundraising, and does not constitute legal, tax, accounting or other professional advice. State law in part guides contracts, closing procedures and disclosures. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

18. SHOPPING
UMMA may provide the merchants' links to you and various links throughout UMMA; however, each individual merchant participating at UMMA is responsible for setting and explaining their individual shipping, return, security and other policies applicable to shopping in their stores and purchasing their products. UMMA does not guarantee, warrant or endorse any product or service sold by a merchant in UMMA Shopping, nor do we have any liability or responsibility for the quality or performance of any product or service sold to you by any merchant. The purchase of any product or service from a merchant at UMMA Shopping is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. UMMA has no responsibility or liability for any merchant or your relationship with such merchant.

You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the merchant. With respect to applicable taxes, the merchant will advise you subsequently of the exact amount of tax due on your purchase. UMMA has no responsibility whatsoever for any miscalculation or omission by a merchant of applicable taxes on any sale.

You represent and warrant that you are at least 18 years of age if required on a linked site and that you possess the legal right to use UMMA or it’s partner links in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access UMMA.

19. SPECIFIC RESTRICTIONS ON USE OF ASSOCIATED PRESS MATERIAL
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom, or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

20. AUCTIONS: ELIGIBILITY; AUTHORIZED USE
If you are buying or selling goods using the partner services, you further warrant that you have legal authority to enter into other binding agreements for the sale or purchase of goods. You agree to be financially responsible for all of your use of the partner services (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise and be responsible for all usage of minors of the partner services under your name or account. You also warrant that all information supplied by you or members of your household in using the partner services, including without limitation your name, email address, street address, telephone number, credit card number, and if you are selling goods, all information about your listed goods, is true and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.

21. FEES; PAYMENT
UMMA reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the partner services. UMMA further reserves the right to alter any and all fees from time to time, without notice. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the partner services.

22. USING PARTNER SERVICES
UMMA websites are offered solely as a forum for you to utilize the UMMA Partner Services to buy and sell goods. UMMA is not involved in any transaction between you and any other party who uses this Site, and is not acting as your or any other party's agent. UMMA cannot screen, censor or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold in your jurisdiction, or whether a transaction will be completed as described by the seller or the buyer. Further, UMMA cannot control or warrant the behavior of the users of the Services. As such, your use of UMMA Auctions & Classifieds and its Services is at your own risk, and UMMA disclaims any liability with regard to use of the Services and any actions resulting from your or any other party's participation in the Services.

You hereby agree to release UMMA, its suppliers, service partners, agents, employees, consultants, officers and directors from all claims, demands and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or relating to any and all listings, transactions, or any other use of UMMA Auctions & Classifieds and the Services. Further, because UMMA is not involved in any transactions between you and other users of the Services, UMMA cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods.

You warrant that you will abide by all such additional procedures and guidelines, as modified from time to time, in connection with your use of the Services. You further warrant that you will comply with all applicable laws and regulations regarding use of the Services. Without limitation, as a partner service, by listing an item for sale, you represent and warrant that you have the legal right to sell the item, that the item is not counterfeit, and that it is a genuine and authentic item as described by the seller; by making a bid or offer to purchase, you warrant that you have the legal right to make the bid and the resources to honor the bid.

It is your responsibility to determine whether the purchase or sale of any listed item is authorized by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on the UMMA website: firearms, explosives, and ammunition; alcoholic beverages; tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; software; recordings of music on CD or cassette or in digital format; movies; video games; counterfeit, pirated or stolen goods; any goods that infringe or otherwise violate another party's rights, including copyright, patent, trademark, or rights of publicity or privacy; goods that are, in UMMA's sole discretion, indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods which you do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; goods which, if sold via the Services, would cause UMMA to violate any law, statute or regulation.

UMMA reserves the right to cancel any listing or bid at any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause.

23. To unsubscribe from any services, simply send a message to development@ussmissouri.org. Your email address will be taken off any future email services.