Welcome to the Our4thBranch.org website (the “Our 4th Branch Site”), a website owned and operated by Our 4th Branch, a subsidiary of Elk of The Wood, a faith-based, non-profit, charitable organization.

These Terms of Use constitute a legally binding agreement between you and Our 4th Branch. Please read these Terms of Use, any additional terms and conditions, policies and guidelines posted on any services provided by Our 4th Branch (collectively, the “Our 4th Branch Services”) carefully before using the Our 4th Branch Services.

The terms and conditions stated below, along with the policies and guidelines located throughout the Our 4th Branch Services (collectively herein the “Terms of Use”) identify what a user of the Our 4th Branch Services (“you” or “your” or “User” or “Users”) can expect from Our 4th Branch, its parent, subsidiaries, and affiliates (together referred to herein as “Our 4th Branch”, “we”, “us” or “our”), and/or persons who provide products or services to Our 4th Branch customers either directly or through the Our 4th Branch Services (“Our 4th Branch Providers”) and what Our 4th Branch in turn expects from Users. By visiting any Our 4th Branch Service, making a donation via the Our 4th Branch Services, or otherwise viewing or visiting  Our 4th Branch, you agree that you have read, understood, and agree to be bound by the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Our 4th Branch.org Site or any other Our 4th Branch Service immediately.

These Terms and Conditions of Use require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see Section 15 for details, including instructions to follow in order to opt out of binding arbitration and the class action waiver.

1. LICENSES AND RESTRICTIONS

1.1 Licenses. Our 4th Branch grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Our 4th Branch documented in a separate agreement) of the Our 4th Branch Services, its Content (as that term is defined in Section 3 below). Our 4th Branch further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Our 4th Branch Services so long as the link does not portray Our 4th Branch, its parent, subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

1.2 Restrictions. The licenses in Section 1.1 do not include any rights to:

  • (a) modify, download (other than page caching), reproduce, copy, or resell the Our 4th Branch Services, the Content or any portion or derivative thereof;
  • (b) commercially use the Our 4th Branch Services, the Content or any portion derivative thereof (unless User has a business relationship with Our 4th Branch, in which case such commercial use will be governed by the terms applicable to such business relationship);
  • (c) copy or download any User’s information for the benefit of any third party;
  • (d) enable high volume, automated, electronic processes that apply to the Our 4th Branch Services or its systems, the Content or any portion or derivative thereof;
  • (e) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Our 4th Branch Services or its systems, the Content or any portion or derivative thereof for any purpose;
  • (f) interfere or attempt to interfere with the proper working of the Our 4th Branch Services;
  • (g) bypass any measures used by Our 4th Branch to prevent or restrict access to any portion of the Our 4th Branch Services, the Content or any portion or derivative thereof;
  • (h) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Our 4th Branch;
  • (i) use Our 4th Branch’s name, trademarks, services marks or logos in any meta tags or any other “hidden text”; or
  • (j) compile, repackage, disseminate or otherwise use data extracted from the Our 4th Branch Services.

The foregoing are expressly prohibited and the right to do any of the foregoing shall require Our 4th Branch’s express written consent (which may include a written agreement signed by an authorized representative of Our 4th Branch). Any unauthorized use of the Our 4th Branch Services, the Content or any portion or derivative thereof shall terminate any license or permission granted by Our 4th Branch.

2. TRADEMARKS

Our 4th Branch, or its subsidiaries, or affiliates, or third parties from whom Our 4th Branch has permission, own the trademarks or service marks that are used on the Our 4th Branch Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Our 4th Branch and its licensors may not be used without prior written consent of Our 4th Branch or its licensor, as the case may be. Without limiting the foregoing, no Our 4th Branch trademark or trade dress may be used in connection with any product or service that is not Our 4th Branch’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Our 4th Branch.

3. CONTENT

3.1 Proprietary Rights. User acknowledges that the Our 4th Branch Services contain certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Our 4th Branch owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Our 4th Branch Services. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.

3.2 Third-Party Content. Our 4th Branch is a distributor and not a publisher of Content supplied by third parties and Users. Our 4th Branch has no editorial control over such Content. Our 4th Branch is not obligated to review Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Our 4th Branch or any Our 4th Branch Provider, unless expressly stated otherwise. Neither Our 4th Branch nor any Our 4th Branch Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third-party Content unless otherwise expressly stated. In many instances, the Content available through the Our 4th Branch Services represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Our 4th Branch or any Our 4th Branch.org Provider be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Our 4th Branch Services. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the Our 4th Branch Services.

4. DONATIONS

User donations gifted to Our 4th Branch via the Our 4th Branch Site will appear on User’s bank statement to Elk of The Wood. All donations are non-refundable, regardless of circumstance. All donations are tax-deductible to the maximum extent permitted by applicable law.

5. RISK OF LOSS

The risk of loss and title for all items received for free after a donation via the Our 4th Branch Services pass to the User upon delivery of the item to the carrier.

6. PRODUCT DESCRIPTION

The items offered for free after a donation on the Our 4th Branch Services contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. Our 4th Branch does not represent or warrant that the descriptions of such items are accurate or complete. All information, descriptions and content (digital, printed and otherwise) on Our 4th Branch.org, is not to be construed as legal advice or the practice of law in any way, shape or form.

IF A USER RECEIVES AN ITEM FOR FREE AFTER A DONATION FROM OUR 4TH BRANCH THAT IS NOT AS DESCRIBED IN THE OUR 4TH BRANCH SERVICES, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR EXCHANGE OF ANOTHER ITEM THAT IS AS DESCRIBED IN THE OUR 4TH BRANCH SERVICES.

7. AGE OF USERS

Our products and services are marketed for and directed towards consumption by adults. Individuals under the age of 18 (“Minors”) are not permitted to use Our 4th Branch.org website. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 18 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 18 has provided any personal information to or on the Our 4th Branch.org website, we will remove that information as soon as possible.

8. TERMINATION OF USAGE

8.1 Termination Rights. Our 4th Branch may issue a warning, temporarily suspend, indefinitely suspend or terminate any User’s right to use or access all or any part of the Our 4th Branch Services including any account thereon, without notice, for any reason in Our 4th Branch’s sole discretion, including, without limitation, violation of the Terms of Use, Our 4th Branch’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Our 4th Branch, any Our 4th Branch.org Provider or another User.

8.2 Restricted Users. In certain cases, in Our 4th Branch’s sole discretion, Our 4th Branch may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the Our 4th Branch Services has been terminated, including the right to use, access or create any account thereon; (ii) that Our 4th Branch refuses to provide any services to such Restricted User; and (iii) any subsequent requests for free items after donation placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

9. INDEMNITY

User agrees to indemnify, defend and hold Our 4th Branch (and its parent, affiliates, employees, contractors, agents, suppliers and partners) and each Our 4th Branch Provider harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys’ fees, brought by any third party due to or arising out of (i) such User’s use of the Our 4th Branch Services, (ii) any alleged breach or violation of the Terms of Use or (iii) such User’s violation of any law or the rights of a third party. Our 4th Branch reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify Our 4th Branch, and User agrees to cooperate with Our 4th Branch’s defense of such matter. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive the Terms of Use and your use of the Our 4th Branch Services.

User agrees that by the use of Our 4th Branch.org, the Our 4th Branch Services, and any and all information, descriptions and content (digital, printed and otherwise), you are not receiving any legal advice, and you agree that you are not considering the above mentioned information, descriptions, content, and services as the practice of law in any way, shape or form.

10. PASSWORD AND ACCOUNT SECURITY

10.1 Account Password. Every User that has an account for the Our 4th Branch Services is responsible for (i) keeping his or her account password confidential and secured; (ii) avoiding unauthorized access to such User’s computer or other devices; and (iii) keeping the contact information associated with that account current. User acknowledges that it is necessary to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Our 4th Branch account using an old e-mail address, such User will not receive messages from Our 4th Branch about his or her orders and inquiries or other matters.

10.2 Account Security. User accepts full responsibility for all activities that occur within such User’s Our 4th Branch account or within the Our 4th Branch Services, whether or not authorized by the User.

11. NOTICES

User consents to electronic communications with Our 4th Branch, whether addressed to the e-mail address associated with such User’s Our 4th Branch account or posted on the Our 4th Branch Services. User acknowledges and agrees that any communication via e-mail or by postings on the Our 4th Branch Services satisfies any legal requirement that such communications be made in writing.

12. DISCLAIMERS AND LIMITATION OF LIABILITY

12.1 DISCLAIMER OF WARRANTIES.

  • (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE OUR 4TH BRANCH SERVICES AND ANY OUR 4TH BRANCH ACCOUNT ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE OUR 4TH BRANCH SERVICES OR ANY OUR 4TH BRANCH ACCOUNT IS AT YOUR SOLE RISK. NEITHER WE NOR OUR SUPPLIERS, AFFILIATES OR LICENSORS (AS APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OUR 4TH BRANCH SERVICES, ANY OUR 4TH BRANCH ACCOUNT OR THEIR USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
  • (b) WE TAKE NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH OR MADE AVAILABLE ON THE OUR 4TH BRANCH SERVICES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT TAKE ANY RESPONSIBILITY FOR ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTY ADVERTISERS ON THE OUR 4TH BRANCH SERVICES.

12.2 LIMITATION OF LIABILITY.

  • (a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE OUR 4TH BRANCH SERVICES OR ANY OUR 4TH BRANCH ACCOUNT REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE ABOVE EXCLUSIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, OUR 4TH BRANCH SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE OUR 4TH BRANCH SERVICES OR THE MATERIALS ON THE OUR 4TH BRANCH SERVICES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.

  • (b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATED TO THE OUR 4TH BRANCH SERVICES OR YOUR OUR 4TH BRANCH ACCOUNT EXCEED US$100 IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).

13. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Our 4th Branch to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

14. APPLICABLE LAW; JURISDICTION

14.1 Applicable Law. The Our 4th Branch Services are created and controlled by Our 4th Branch in the State of South Carolina. The laws of the State of South Carolina will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

14.2 Jurisdiction. Each of Our 4th Branch and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Lexington County, South Carolina and waives any objection to the laying of venue of any litigation in said courts.

15. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND OUR 4TH BRANCH TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Any dispute or claim arising from, relating to, or connected with these Terms of Use, the Our 4th Branch Services, the Our 4th Branch Content including Digital Content, any Our 4th Branch account (each a “Claim”) will be resolved by binding arbitration (rather than in court). All Claims submitted to arbitration under these Terms of Use will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the State of South Carolina or, where limited by applicable law, the jurisdiction in which you reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding this Section 15, we may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors.

WAIVER OF CLASS ACTIONS. We each agree that any Claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. WE EACH AGREE THAT WE ARE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT WE MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS OF CONDITION AND USE.

OPTION TO OPT-OUT. To opt out of the arbitration and class-action waiver terms in this Section 15, you must notify us in writing within 30 days of the date that you first accept these Terms and Conditions of Use (unless a longer period is required by applicable law). You must email a scanned PDF of your written notification to contact@our4thbranch.org and your written notification must include your name, address, signature, and an unequivocal statement that you want to opt-out of this arbitration agreement.

You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have must be filed within six (6) months after such Claim or cause of action arises, or forever be barred.

For purposes of any Claim that is not subject to the arbitration procedures in this Section 15, we both agree to the governing law and jurisdiction as set out in Section 14 above.

16. ADDITIONAL TERMS AND CONDITIONS

In addition to the policies and guidelines located throughout the Our 4th Branch Services, the following policies are incorporated into the Terms of Use:

17. ACKNOWLEDGMENT

The Terms and Conditions of Use, including all documents referenced herein, represents the entire understanding between User and Our 4th Branch regarding User’s relationship with Our 4th Branch and supersedes any prior or contemporaneous statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. As used in these Terms of Use, “including” means “including, without limitation.”

18. MODIFICATION

These terms were last revised on June 1, 2021.