Disclaimer, Terms & Privacy

Legal Disclaimer:

The information contained on this website has been included for general informational purposes only. No person or entity should make any investment decision in reliance upon the information contained on this website. The website and the information contained on the website do not constitute an offer to sell, or the solicitation of any offer to buy, any securities, stocks, bonds, partnership interests, products, services or other materials. Opportunity Arkansas disclaims any duty or obligation either to update the information contained on this website or to maintain the availability of such information. Under no circumstances shall Opportunity Arkansas have any liability to any person or entity for any loss or damage in whole or part caused by, resulting from or relating to any error (neglect or otherwise) or other circumstances involved in procuring, collecting, compiling, interpreting, analyzing, editing, transcribing, communicating or delivering any such information, or any direct, indirect, special, consequential or incidental damages whatsoever.

Opportunity Arkansas is not a registered investment advisor, broker/dealer, financial analyst, bank, securities broker, tax adviser, or financial Planner. Any information provided on any webpage on this website is for information purposes only, and may change depending on future IRS rules, regulations, rulings or interpretations. We do not provide legal or accounting advice, and this website does not to form a lawyer-client relationship or any other kind of relationship. None of the information provided on, or related to, any webpage on this website is intended as investment advice, as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any security, company, or fund. We strongly advise you to consult a licensed attorney and a certified professional accountant with knowledge of the Opportunity Zones program before making any investment or structuring decisions, including the merits and risks involved.

OPPORTUNITY ZONES AND TAX-RELATED INFORMATION:

Opportunity Arkansas does not provide tax advice. Comments regarding tax consequences or benefits are not applicable to all investors. Tax laws can change with little warning. Please consult with your tax professional regarding your personal situation. We strongly advise you to consult a licensed attorney and a certified professional accountant with knowledge of the Opportunity Zones program before making any investment or structuring decisions, including the merits and risks involved.

PROJECT SUBMISSION FORM:

The information contained on any webpage on the Opportunity Arkansas website or in any project submission document is for informational purposes only and is not an advertisement, endorsement, or other promotion of a specific investment opportunity; we are not responsible for any inaccurate or out of date information. Opportunity Arkansas is not a registered investment advisor, broker/dealer, financial analyst, bank, securities broker, tax adviser, or financial Planner. We have not screened, evaluated, or endorsed any of the private investors, qualified opportunity funds, project sponsors, projects, or service providers. We cannot guarantee a project sponsor will receive any private investment. We do not provide investment advice or recommendations to engage in any particular transaction. We strongly advise you to consult a licensed attorney and a certified professional accountant with knowledge of the Opportunity Zones program before making any investment or structuring decisions, including the merits and risks involved.

PROJECTS:

You must read and accept the following information before using this website. This website is for general information only. No information, forward looking statements, or estimations presented herein represent any final determination on investment performance. While the information presented in this website has been researched and is thought to be reasonable and accurate, any real estate investment is speculative in nature. Opportunity Arkansas, and/or its agents cannot and do not guarantee any rate of return or investment timeline based on the information presented herein.

By reading and reviewing the information contained in this website, the user acknowledges and agrees that Opportunity Arkansas, and/or its agents do not assume and hereby disclaim any liability to any party for any loss or damage caused by the use of the information contained herein, or errors or omissions in the information contained in this website, to make any investment decision, whether such errors or omissions result from negligence, accident or any other cause.

Potential investors are required to conduct their own investigations, analysis, due diligence, draw their own conclusions, and make their own decisions. Any areas concerning taxes or specific legal or technical questions should be referred to lawyers, accountants, consultants, brokers, or other professionals licensed, qualified or authorized to render such advice. In no event shall Opportunity Arkansas, and/or its agents be liable to any party for any direct, indirect, special, incidental, or consequential damages of any kind whatsoever arising out of the use of this website or any information contained herein. Opportunity Arkansas, and/or its agents specifically disclaim any guarantees, including, but not limited to, stated or implied potential profits, rates of return, or investment timelines discussed or referred to herein.

Declaration of acceptance:
I hereby confirm that I have read and understood the text above, fully accept and agree to its content and the limitations on and exclusions of liability included therein.

Terms of Use:

Subject to your compliance with the following terms of use, as we may amend from time to time (“Terms of Use”), Winrock International (the “Company”, “we”, or “us”) offers you the use of our website located at www.opportunityarkansas.com, through which you may access and use our various Platform, including any features and applications added from time-to-time (collectively, the “Platform”).

ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION
BELOW, BY USING THE PLATFORM, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING,
INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTANDS ALL OF THE TERMS OF THIS AGREEMENT.

Modifications to Terms of Use. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. When we do, we will post the revised Terms of Use on this page and will indicate the date of such revision. Your continued use of the Platform after the date of any such changes constitutes your acceptance of the amended Terms of Use. To the extent allowed by law, the English version of these Terms of Use is binding, and any other translations we may provide are for convenience only. If you do not accept the amended Terms of Use, you must discontinue your use of the Platform.

Modifications to Platform. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Platform (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third-party for any claims, damages, costs, or losses resulting therefrom.

Your Access to and Use of the Platform

Platform Description. The Platform allows you to (1) access educational resources related to opportunity zones, qualified opportunity funds, and qualified opportunity zone property and businesses and (2) post or obtain information about (i) qualified opportunity funds looking to invest in Arkansas’s opportunity zones (as designated under the Tax Cuts and Jobs Act of 2017) and (ii) Arkansas projects available for purchase, investment, or development by qualified opportunity funds.

If you have an Arkansas opportunity zone project, the Platform allows you to (1) post information about your project (including your contact information, a detailed description of the project, and the general terms on which you may accept an investment) and (2) obtain information about qualified opportunity funds looking to invest in Arkansas’s opportunity zones.

If you are qualified opportunity fund, the Platform allows you to (1) post information about your qualified opportunity fund (including the fund’s contact information, the general terms on which the fund accepts investments, the various markets or industries in which the fund invests, and the general terms on which the fund may invest in a project) and (2) obtain information about opportunity zone projects throughout Arkansas.

If you would like to invest in a qualified opportunity fund, the Platform allows you to (1) educate yourself about opportunity zones and (2) obtain information about qualified opportunity funds that either invest in or would like to invest in Arkansas’s opportunity zones.

Company Disclaimers. The Company is not a real estate broker, securities broker, sales agent, financial institution, or creditor. We have included information on the Platform for general informational purposes only. No person or entity should make any investment decision in reliance upon the information contained on the Platform. The Platform and the information contained on the Platform do not constitute an offer to sell, or the solicitation of any offer to buy, any security.

All information and content we provide relating to the Platform is for informational purposes only. We do not guarantee the accuracy, completeness, timeliness or reliability of any information or content posted by any party other than us. No content is intended to provide financial, legal, tax or other professional advice. Before making any decision regarding any project on the Platform, or any information or content on or relating to the Platform, you should consult your financial, legal, tax, or other professional advisor, as appropriate. You acknowledge that all information and content you access on or through the Platform at your own risk.

We have no control over the conduct of, or any information provided by a project sponsor, a qualified opportunity fund, or any other user, and we hereby disclaim all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that any project in an opportunity zone, any project sponsor, or any qualified opportunity fund will attract any interest or lead to the closing of a sale of or investment in real estate or a business in an Opportunity Zone. We do not endorse any real estate or business, any Opportunity Zone representative, any buyer/developer or any financial partner/investor.

We make no guarantee, express or implied, that any information provided through the Platform is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any project or qualified opportunity fund posted on the Platform. You must make the final determination as to the value and appropriateness of any project or qualified opportunity fund and your purchase or investment into the project or the qualified opportunity fund. All determinations are at the sole risk of the parties involved in any transaction. If you enter into a transaction regarding a project or a qualified opportunity fund posted on the Platform, it is your responsibility to understand how your money will be used. We do not and cannot verify any information that a project sponsor or a qualified opportunity fund posts on the Platform or otherwise communicates to you, nor do we represent or guarantee that any funds transferring between parties will be used in accordance with any purposes you prescribe or in accordance with applicable laws.

Your Warranties, Representations, and Covenants. You, as a project sponsor, a representative of a qualified opportunity fund, or any other kind or category of Platform user, represent and warrant to us and covenant with us that: (1) all information you provide in connection with a project submitted to us or posted on the Platform is accurate, complete, and not likely to deceive a reasonable Platform user of the Platform; (2) you did not and will not post information about a project or a qualified opportunity fund with the intent to deceive or defraud any Platform user; (3) if you receive funds from a qualified opportunity fund, you will use all funds received solely as agreed by you and the qualified opportunity fund; (4) if you are a qualified opportunity fund and you receive an investment from a Platform user, you will use all funds received solely as agreed by you and the investor; (5) you and any information you submit or post will not infringe the rights of others; (6) you will comply with all relevant and applicable laws and regulations including securities and tax laws and financial reporting obligations regarding any project you submit to us or post on the Platform; and (7) if you share on the Platform or with any other user of the Platform any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your contacts, you have the authority (including any necessary consents), as required under applicable law, to provide the Platform or other users with such personal data and to allow other users to possess and use such personal data for the purpose(s) for which you shared it with other user(s). You authorize us to, and we reserve the right to, provide information relating to any project and any transaction to any parties to the transaction and/or any law enforcement agency, and to assist in any investigation thereof.

Your Registration Obligations. We may require you to register with us to access and use certain features of the Platform. If you choose to register for the Platform, you agree to provide and maintain true, accurate, current and complete information about you, as prompted by the Platform' registration form. You must register using your true identity, including your name, address, website (if applicable), email address, telephone number, and other relevant contact information as we may require. If you are under 21 years of age, you are not authorized to use the Platform, with or without registering. If we at any time discovers that the information you provided to the Platform and us about yourself or any other matter is incorrect or violates any of these Terms of Use, the we may suspend and/or terminate immediately your ability to use the Platform.

Your Account, Password and Security. If you register for an account on the Platform, you are responsible for maintaining the confidentiality of your password and account, if any, and you are fully responsible for any and all activities that occur under your password or account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security and (b) sign out from your account at the end of each session when accessing the Platform. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Public Content. Some of your activity on and through the Platform is public, such as content you post publicly on the Platform. Additionally, to facilitate user-to-user interaction within the Platform, we may display to other users your profile information, including your first and last name or legal name, public email address, organization, and other information you enter in connection with your profile. If you choose to provide information using certain public features of the Platform, then that information is governed by the privacy settings of those particular features and may be publicly available. Third-parties reading such information may use or disclose it to other individuals or entities without our or your knowledge and search engines may index that information. Think carefully about including any specific information you may deem private in content that you create or information that you submit through the Platform.

Data Retention. You acknowledge that we have no obligation to you to retain data relating to you, any project, any qualified opportunity fund, or any other party. You acknowledge that we reserve the right to delete data or to terminate accounts or information at any time and for any reason, with or without notice, and without any liability to you or to any third-party for any claims, damages, costs or losses resulting therefrom.

Taxes. It is your responsibility to determine what, if any, taxes apply to any transaction through your use of the Platform. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

Prohibited Conduct and Content

Your Conduct. You are solely responsible for all descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish, display, transmit, or otherwise use via the Platform (each, an “Upload” and, collectively, “Uploads”). You agree to cooperate fully with any request we make for evidence we deem necessary to verify your compliance with these Terms of Use.

Prohibited Content. We prohibit any use of the Platform and Content and/or Upload that:

• violates any law or regulation or suggests or encourages anything that violates any law or regulation;
• adversely affects the image or reputation of us or the Platform;
• is not accurate and true in all material respects;
• discriminates, in its language or proposed action or failure to act, against any gender, age, race, physical or mental disability, ethnic group, sexual orientation, country of origin or any other categories covered by federal anti-discrimination laws;
• is fraudulent,
• constitutes gambling,
• is sexually inappropriate; or
• we deem, in our sole discretion, as not suitable or appropriate for the Platform.

You shall not transmit or otherwise upload any Content or Upload that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to us, the Platform, or any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) in our sole judgment is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or (vii) may expose us or our users to any harm or liability of any type; (viii) interferes with or disrupt servers or networks connected to the Platform, or disobeys any requirements, procedures, policies or regulations of networks connected to the Platform; or (ix) harvests or collects email addresses or other contact information of other users of the Platform by electronic or other means.

No Promotions. You are not permitted to offer any contest, competition giveaway, sweepstakes or similar activity on or through the Platform.

Intellectual Property Rights

Platform Content, Software, and Trademarks. You acknowledge and agree that the Platform may contain content or features (“Platform Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as we may expressly authorize in writing, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Platform or the Platform Content, in whole or in part, except that the foregoing does not apply to your Uploads. In connection with your use of the Platform, you may not and will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If we block you from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are our property (collectively, “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code for the Software, or to sell, assign, sublicense, or otherwise transfer any right in the Software. We reserve any rights in the Software, the Platform, and the Platform not expressly granted in these Terms of Use.

The Company name and logos are trademarks and service marks of the Company (collectively “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms of Use or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of the Company Trademarks will inure to the Company’s exclusive benefit.

Third-Party Material. Under no circumstances will we be liable in any way for any content or materials of any third parties (including you and other users) or any Uploads, including, but not limited to, for any errors or omissions in any Content or Uploads, or for any loss or damage of any kind incurred as a result of the use of any such Content or Uploads. You acknowledge that we do not pre-screen Content, but that we and our designees will have the right (but not the obligation) in our sole discretion to refuse, remove, or allow any Content or Upload that is available via the Platform at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

User Content Transmitted Through the Platform. With respect to your Content and Uploads that you upload or post through the Platform or that you share with other users or recipients, you represent and warrant to us that you own all right, title, and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, your Content and Uploads, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any Content or Upload, or any portion thereof, in connection with the Platform, you hereby grant and will grant to the Company and its affiliated companies and users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your Content and Uploads in connection with the operation of the Platform or the promotion, advertising, or marketing thereof, in any form, medium, or technology now known or later developed. Without limiting the foregoing, if your Content or Uploads contain your or any third-party’s name, image, or likeness, you hereby release and hold harmless the Company and its affiliates, members, officers, board members, agents, contractors and employees, from: (1) all claims for invasion of privacy, publicity or libel, (2) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your and/or any third-party’s name, image or likeness, and (3) any liability for claims made by you (or any successor to any claim you might bring) in connection with your Content, Uploads, name, image, or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your Content and/or Uploads (including your and/or any third-party’s name, image, or likeness). Further, if any person (other than your) appears in your Content and/or Uploads, you represent and warrant to us that you have secured all necessary licenses, waivers, and releases from such person(s) for our benefit in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Platform and submission of your Content and/or Uploads is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or our exploitation thereof), and that the sole consideration for subject matter of this Agreement is the opportunity to use the Platform.

We do not guarantee that any Platform Content will be made available through the Platform. We reserve the right to, but do not have any obligation to: (a) remove, edit or modify any Platform Content or your or other user’s Content and/or Uploads, in our sole discretion, at any time, without notice to you and for any reason or for no reason (including, but not limited to, upon receipt of claims or allegations from third-parties or authorities relating to such Platform Content, Content, and or Uploads, or if we are or become concerned that you or any user may have violated these Terms of Use) and (b) remove or block any Platform Content or your or any other user’s Content and/or Uploads from the Platform.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Platform (collectively, “Submissions”), you provide to us are non-confidential and we will be entitled to the unrestricted use and dissemination of all Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that we may preserve Content and/or Uploads and may also disclose Content and/or Uploads if required to do so by law or in our good-faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these Terms of Use; (iii) respond to claims that any Content and/or Upload violates the rights of third parties; or (iv) protect the rights, property, or personal safety of the Company, its users, or the public.

Third Party Websites/Platform

The Platform or third-parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, Platform, and resources provided by third-parties (collectively, “Third-Party Resources”). We have no control over Third-Party Resources or any products, Platform, or content made available by or through Third-Party Resources, or the business practices of the third-parties providing Third-Party Resources. We are not responsible for and does not endorse Third-Party Resources or the products, Platform, or content made available thereby. You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of Third-Party Resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or Platform available on or through any Third-Party Resources. Any dealings you have with third-parties found while using the Platform are between you and the third-party and may be subject to additional terms provided by the third-party, which you agree to by using Third-Party Resources. You agree that we are not and will not be liable for any loss or claim that you may have against any third-party that arises from or in connection with any Third-Party Resources.

Indemnity and Release

You release, indemnify on demand, and hold us and our affiliates, if any, and our officers, employees, directors, members, managers, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Platform, any Content, Upload, or project posted on the Platform, any of your Content and/or Uploads, your connection to the Platform, your violation of these Terms of Use or your violation of any rights of another user. You agree that we have the right to conduct our own defense of any claims at our own discretion, and that you will indemnify us for and against the costs of our defense (including, but not limited to attorney’s fees.) If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOU USE THE PLATFORM AT YOUR SOLE RISK. WE PROVIDE THE PLATFORM ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR AFFILIATES, IF ANY, EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, IF ANY, MAKE NO WARRANTY OR CONDITION THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT YOU MAY OBTAIN FROM YOUR USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, PLATFORM, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER
THE COMPANY NOR ITS AFFILIATES, IF ANY, WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C)
DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORM RESULTING FROM ANY GOODS, DATA, INFORMATION, OR PLATFORM YOU PURCHASED OR OBTAINED OR MESSAGES YOU RECEIVED OR TRANSACTIONS YOU ENTERED INTO THROUGH OR FROM THE PLATFORM; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE PLATFORM; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON OR THROUGH THE PLATFORM; OR (VI) ANY OTHER MATTER RELATING TO THE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY, OR OTHERWISE) OR CAUSES OF ACTION EXCEED AN AMOUNT EQUAL TO (I) THE GREATER OF THE AMOUNT YOU PAID THE COMPANY IN THE LAST SIX (6) MONTHS AND (II) ONE THOUSAND DOLLARS ($1,000).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE PLATFORM.
No member, manager, officer, director, trustee, employee, affiliate, or agent (individually “Party in Interest”) of the Company will be liable to you under this Agreement. With respect to any alleged liability of the Company under this Agreement, you agree that you shall not: (i) name any Party in Interest in any lawsuit; (ii) seek or be entitled to any personal judgment against any Party in Interest; or (iii) have any right to levy execution against any property or assets of any kind of any Party in Interest. No Party in Interest will be liable to you for any deficiency in connection with any judgment against the Company in favor of you with respect to or in connection with any liability of the Company under this Agreement.

Disputes

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL
RIGHTS
Arbitration; Class Action Waiver. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND THE COMPANY OR ANY OF THE COMPANY’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS OR EMPLOYEES, OR AGENTS ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH THE COMPANY, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE PLATFORM, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND THE COMPANY HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND THE COMPANY WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THEIR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notwithstanding the foregoing, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either of you or the Company to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.

The Dispute Resolution Process. Any arbitration between you and the Company will proceed and be resolved under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its applicable Rules (collectively, “AAA Rules”) for commercial disputes as modified by these Terms of Use in its office in Little Rock, Arkansas. The parties shall each pay half of the fees and costs of the AAA and their own professional fees and costs.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Company’s current address for Notice is:2101 Riverfront Dr, Little Rock, AR 72202_. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The Company agrees to work with you and make a good faith effort to resolve the claim directly, but if you and the Company are not successful within 60 days after the Notice of Arbitration is received, you or the Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either you or the Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

Confidentiality. We and you agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective counsel, accountants, auditors, and insurance providers.

With respect to any disputes or claims not subject to arbitration, such as equitable and injunctive relief, as set forth above, you and the Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Pulaski County, Arkansas.

In any action in which the Company prevails, the Company shall be entitled to recovery of all of its costs and expenses, including attorney’s fees.

Termination

You agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) and/or your access to the Platform and remove and discard any Content, data, and/or Upload at any time and for any reason, with or without notice, and without any liability to you or to any third-party for any claims, damages, costs or losses resulting therefrom.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Platform, and the Company will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Platform.

General

These Terms of Use constitute the entire agreement between you and us and govern your use of the Platform, superseding any prior agreements between you and us with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use any affiliate or Third-Party Resources, Platform, content, or software. These Terms of Use will be governed by the laws of the State of Arkansas without regard to its conflict of law provisions. The failure of the Company to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign these Terms of Use without the prior written consent of the Company, but the Company may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Platform may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Platform.

Privacy Statement

Last Revised: 7/13/2018

Winrock International is an Arkansas not-for-profit corporation with headquarters located at 2101 Riverfront Drive, Little Rock, AR 72202 USA. Winrock (collectively with its subsidiaries, “Winrock,” the “Company,” “we,” “us,” and “our,”) respects your privacy and is committed to protecting your privacy through our compliance with this website privacy policy statement (the “Statement”). This Statement should be read in conjunction with our website Terms of Use, into which this Statement is incorporated by reference. All information collected and processed under this Statement is processed in the United States.

This Statement describes:

• The types of information we collect from you or that you may provide when you visit our website available at: www.winrock.org (“the Website”) as well as any related blogs or websites directly owned by the Company (“our websites”).
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this Statement carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, then please do not use our websites. By using our websites, you agree to the terms of this Statement. This Statement may change from time to time (see below, “Changes to this Statement”). Your continued use of our websites after we make changes is deemed to be acceptance of those changes, so please check the Statement periodically for updates.

What We Collect and How We Collect It

You can always view the Website without providing any information. To ensure that we provide you with the best possible experience, we will store, use, and share information about you in accordance with this Statement.

Information You Provide to Us

Personal Information is any information that can be used to individually identify you from a larger group, such as data including, but not limited to, your:

• first and last name;
• email address;
• telephone number;
• home mailing address;
• payment card information (donations); and
• comments or messages provided in free text boxes.

You may provide us Personal Information when you:

• request information or otherwise communicate with us;
• request to be added to a contractor list;
• apply for employment or to be a volunteer;
• make a donation;
• subscribe to our emails or newsletters, or
• volunteer for a technical assistance project.

The information that you provide in each case will vary. In some cases, we may ask you to create a username and password that should only be known to you.

Online forums. Information you post to public forums (message boards) may be used for Winrock communication efforts. Remember that any information disclosed in these areas becomes public information, which may be used by other parties without your consent. Always exercise caution when disclosing Personal Information in public forums. We cannot be responsible for the privacy of any
Personal Information posted by you in public forums. Do not use your full name as your user name when you post information in public forums on the Website if you do not want your full name to be publicly available.

Automated Information Collection

In addition to the information that you provide to us, we may also collect information about you during your visit to our Website. We collect this information using automated tools that are detailed below. These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages you have viewed, and the actions you have taken while using the Website. Some of the tools we use to automatically collect information about you may include:

(a) Cookies. A “cookie” is a small data file transmitted from a website to your computer’s hard drive. Cookies are usually defined in one of two ways, and we may use both of them:

(1) session cookies, which do not stay on your computer after you close your browser, and

(2) persistent cookies, which remain on your computer until you delete them or they expire.

We use the following categories of cookies on our Website.

1. Strictly Necessary Cookies. These cookies are essential in order to enable you to move around the Website and use its features. Without these cookies, services you have requested, such as maintaining a record of your purchased items (e.g. a shopping cart), cannot be provided.
2. Performance Cookies. These cookies collect anonymous information on how people use our Website to help us understand how you arrive at our site, browse or use our Website and highlight areas where we can improve, such as navigation. The data stored by these cookies never shows personal details from which your individual identity can be established.
3. Functionality Cookies. These cookies remember choices you make such as the country from which you visit our Website, your preferred language, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your visits to our Website more tailored to your preferences. The information in these cookies may be anonymized. These cookies cannot track your browsing activity on other websites.
4. Targeting Cookies or Advertising Cookies. These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. The cookies are usually placed by third party advertising networks.
   One such trusted third party partner is Google Analytics. The Website sends aggregated, non- Personal Information to Google Analytics for the purpose of providing us with the ability to conduct technical and statistical analysis on the Website’s performance. For more information on how Google Analytics supports the Website and uses information sent from the Website, please review Google’s privacy policy available at https://policies.google.com/technologies/partner-sites.

Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings. However, by disabling cookies on your device, you may be prohibited from full use of the Website’s features or lose access to some functionality.

(b) Web Beacons. A Web Beacon is an electronic image. Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior. If you choose to receive emails from us, we may use Web Beacons to track your reaction to our emails. We may also use them to track if you click on the links and at what time and date you do so. Some of our third party marketing partners may use Web Beacons to track your interaction with online advertising banners on our websites. This information is only collected in aggregate form and will not be linked to your Personal Information. Please note that any image file on a webpage can act as a Web Beacon.

(c) Embedded Web Links. Links provided in our emails and, in some cases, on third party websites may include tracking technology embedded in the link. The tracking is accomplished through a redirection system. The redirection system allows us to understand how the link is being used by email recipients. Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the Personal Information that we hold about you. This data is used to improve our service to you and to help us understand the performance of our marketing campaigns.

(d) Third Party Websites and Services. We work with a number of service providers of marketing communications technology. These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide. The information collected can be gathered on our websites and also on the websites where our marketing communications are appearing. For example, we may collect data where our banner advertisements are displayed on third party websites.

Do Not Track Disclosure

Other than as disclosed in this Statement, the Website does not track users over time and across third party websites to provide targeted advertising. Therefore, the Website does not operate any differently when its receives Do Not Track (“DNT”) signals from your internet web browser.

Your Choices and Selecting Your Privacy Preferences

We want to provide you with relevant information that you have requested.

If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed to the service. Any transactional or service-oriented messages are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services, and are not intended for the purposes of marketing.

We will not intentionally send you email newsletters and marketing emails unless you consent to receive such marketing information. After you request to receive these emails, you may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided.

Any such communications you receive from us will be administered in accordance with your preferences and this Statement. Winrock will delete all Personal Information and discontinue all further contact with any person who submits a request by contacting Winrock as described below.

Accuracy and Access to Your Personal Information

We strive to maintain and process your information accurately. We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements. We employ technologies designed to help us maintain information accuracy on input and processing.

Where we can provide you access to your Personal Information in our possession, we will always ask you for a username and password to help protect your privacy and security. We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it.

To view and change the Personal Information that you have provided to us, you can log in to your account and follow the instructions on that webpage, or contact us directly for assistance.

Information of Minors

We do not actively seek to gather information from individuals under the age of eighteen. We do not target the Website to minors, and would not expect them to be engaging with our websites or services. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we are aware of any Personal Information that we have collected about minors, we will take steps to securely remove it from our systems.

How We Use Your Information

The information we gather and that you provide is collected to provide you the information and services that you request, in addition to various other purposes, including, but not limited to:

• Assisting you with items such as personalized experiences and enforcement of the Terms of Use.
• Preventing malicious activity and provide you with a secure experience.
• Providing service and support for services you request.
• Providing marketing communications that are effective and optimized for you.
• Preventing unwanted messages or content.
• Contacting you about services and offers that are relevant to you, or to thank you for your support or donation.

How We Share Your Information

We do not sell or lease your information to any third party. We may disclose your Personal Information to our trusted third party business partners in accordance with this Statement. We work with a number of partners that help us process your requests, deliver customer service and support, send email marketing communications, and provide experiences that you have come to expect from us. We will share your information with these third parties in order to fulfill the service that they provide to us. These third party partners are under contract to keep your information secure and not to use it for any reason other than to fulfill the service we have requested from them.

Examples of such third party sharing include, but are not necessarily limited to:

• Donations. If you make a donation to Winrock, that transaction is handled through either Global Giving or Network for Good. These organizations process your donation, including collecting your payment information. We do not have access to your payment information (such as credit card information) when you make a donation. The privacy policy of Global Giving or Network for Good, as applicable, will apply to the transaction data that is collected relating to your donation.
• Employment Applications. If you apply for a job with Winrock, your job application (which contains Personal Information) will be processed by a third party contractor. We, and our contractor, will use your job application and the Personal Information contained therein only as reasonably necessary to process your request for a job.
• Volunteering Applications. If you apply to volunteer with Winrock, we will use your Personal Information as reasonably necessary to match individual skills and interests with volunteer assignment opportunities. We will collect your contact information, expertise, and demographic and logistical information to ensure the effective and efficient mobilization of volunteers to their posted assignments.
• Professional Register. Winrock also maintains a Professional Register, which is a database of consultants used to provide short- and long-term technical expertise to programs and projects. If you request to be a part of the Professional Register, you are consenting to have your Personal Information be included in the database of consultants.
• Newsletters. If you sign up to receive a newsletter, your Personal Information is provided to a third party that manages our subscription lists.

In order to encourage fundraising partnerships, Winrock may disclose to third parties aggregate statistics regarding donations (total number of donors, amount of donations and referring websites), but will not include any Personal Information of individuals.

California Residents. We will not disclose or share your Personal Information with third parties for the purposes of third party marketing to you without your prior consent.

Except as described in this Statement, we will not share your information with third parties without your notice and consent, unless it is under one of the following circumstances:

• Responding to duly authorized information requests from law enforcement or other governmental authorities.
• Complying with any law, regulations, subpoena, or court order.
• Investigating and helping prevent security threats, fraud, or other malicious activity.
• Enforcing or protecting the rights and properties of the Company or its subsidiaries.
• Protecting the rights or personal safety of the Company’s employees.

There are circumstances where the Company may decide to buy, sell, or reorganize its business in selected countries. Under these circumstances, it may be necessary to share or receive Personal Information with prospective or actual partners or affiliates. In such circumstances, the Company will ensure your information is used in accordance with this Statement.

Third Party Websites

This Statement does not apply to websites or other domains that are maintained or operated by third parties or our affiliates. Our websites may link to third party websites and services, but these links are not endorsements of these sites, and this Statement does not extend to them Because this Statement is not enforced on these third party websites, we encourage you to read any posted privacy policy of the third party website before using the service or site and providing any information. We cannot and will not be responsible or liable, in any way, for third party handling of your Personal Information on such websites.

For Website Visitors Outside the United States

Many visitors to our websites may be located outside of the United States. To provide you with our services, we may store, process, and transmit information in the United States, which may not have the same privacy and security laws as your country. Regardless of the country in which such information is stored or processed by Winrock, we will process your Personal Information in accordance with this Statement.

For Website Visitors in the European Union (“EU”)

Under the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, or “GDPR”), individuals in the EU are afforded specific rights with respect to their Personal Information, or “personal data” as defined under the GDPR. For the purposes of this Statement, the Company operates as a data controller. Any personal data we collect from you is processed in the United States and under the terms of this Statement.

Any personal data we collect from you is processed in the legitimate interest of our business and providing our services to you as the lawful means of such processing. You may always withdraw your consent to our use of your personal data as described below. We will only retain your personal data for the time necessary to provide you the information and services to which you have consented, to comply with the law and in accordance with your rights below.

You can exercise any of the following rights by notifying us as described below:

• Access. You may email us at WebUpdates@winrock.org to request a copy of the personal data our Website databases currently contain.
• Correction or Rectification. You can correct what personal data our Website database currently contains by accessing your account directly, or by emailing us at WebUpdates@winrock.org to request that we correct or rectify any personal data that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law
  or legal requirement or cause information to be incorrect. Where applicable, we will ensure such changes are shared with trusted third parties.
• Restrict Processing. When applicable, you may restrict the processing of your personal data by submitting a request via email to WebUpdates@winrock.org. In your email, please explain how you wish us to restrict processing of your personal data. When such restrictions are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this Statement, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.
• Object to Processing. When applicable, you have the right to object to the processing of your personal data by submitting a request via email to WebUpdates@winrock.org. When such objections are not possible, we will advise you accordingly. You can then choose to exercise any other rights under this Statement, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.
• Portability. Upon request and when possible, we can provide you with copies of your personal data. You may submit a request via email to WebUpdates@winrock.org. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Statement, to include withdrawing your consent. Where applicable, we will ensure such changes are shared with any trusted third parties.
• Withdraw Consent. At any time, you may withdraw your consent to our processing of your personal data through this Website by notifying us via email at WebUpdates@winrock.org. Using the same email address associated with your Website account, simply type the words “WITHDRAW CONSENT” in the subject line of your email. Upon receipt of such a withdrawal of consent, we will confirm receipt and proceed to stop processing your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.
• Erasure. If you should wish to cease use of our Website and have your personal data deleted from our Website, then you may submit a request by emailing us at WebUpdates@winrock.org. Upon receipt of such a request for erasure, we will confirm receipt and will confirm once your personal data has been deleted. Where applicable, we will ensure such changes are shared with trusted third parties.
• Submit Complaints or Questions. If you wish to raise a complaint on how we have handled your personal data, you can contact us as described below. If you reside in a European Union member state, you may also lodge a complaint with the supervisory authority in your country.

Safeguarding the Information We Collect

We take reasonable technical, administrative, and physical safeguards in order to protect your Personal Information against accidental loss and from unauthorized access, use, alteration, and disclosure. However, we can never promise 100% security. You have a responsibility, as well, to safeguard your information through the proper use and security of any online credentials used to access your Personal Information, such as a username and password. If you believe your credentials have been compromised, please change your password. Please also notify us of any unauthorized use.

Changes to this Statement

If we make any changes to this Statement, a revised Statement will be posted on this webpage and the date of the change will be reported in the “Last Revised” block above. You can get to this page from any of our websites by clicking on the “Privacy Statement” link (usually at the bottom of the screen).

How to Contact Us

We value your opinions and welcome your feedback. Please advise us of any concerns, suggestions or
complaints by contacting Winrock at:

Mail
Privacy Officer
Winrock International, 2101 Riverfront Drive, Little Rock, AR 72202
USA

Telephone
501-280-3000

Email
webupdates@winrock.org