Hope For Humans Terms of UseIMPORTANT: Please review the following terms and conditions carefully. These Terms Of Use are a legally binding contract between you and Hope For Humans (“HFH” or “our” or “we” or “us”) pertaining to the access and use of the services offered, and all products, information, content, media, content, printed materials and “online” or other electronic documentation accessible from, hopeforhumans.org or any sub-domains thereof or other websites operated by or for HFH (collectively, the “Sites”). The Sites are all offered by HFH to you free of charge on the express condition that you accept, without modification, and abide by these Terms Of Use. Your access and use of the Sites is conditioned upon your continued compliance with these Terms Of Use. Please read these Terms Of Use carefully, as your use of the Sites constitutes your acceptance of these Terms Of Use. HFH reserves the right to change the Terms Of Use any time by reasonable notice, including without limitation by posting revised terms on the Sites (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms Of Use each time that you view the Sites. The Purpose Disclaimer In certain instances, HFH permits third parties to provide testimonials and information, and in certain situations. HFH may from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of HFH or endorsed by HFH. Restrictions on Use of Materials HFH will allow you to view and print information, documents and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale; provided that (i) the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials, (ii) you must give attribution to HFH and if possible provide a reference to HFH’s main site hopeforhumans.org, (iii) the material must be printed in its entirety without modification, reformatting, adaptation or adjustment, and (iv) if you combine the materials with other hard copy materials, you must clearly designate which portion of the complete work is HFH’s material. No electronic copies are permitted. If you share the printed materials with others, you agree to advise any person to whom you share the materials as to these Terms Of Use and they must agree to abide by these Terms Of Use. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by HFH or its licensors. Sponsors Links To Other Sites; Link Agreement Links to the Sites are permitted by HFH only in accordance with HFH’s Link Agreement. You should be aware that links to the Sites may be provided from other sites, either known or unknown to HFH, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. HFH has not reviewed and is not responsible for the content of any third party sites linked to or from the Sites. General Indemnification Limitation of Liability Disclaimer of Warranties THE SITES ARE MANAGED IN THE STATE OF TEXAS, UNITED STATES OF AMERICA. HFH MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. HFH MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS. Website Services Account Set Up. Browsing of the Sites public pages is currently provided free of charge to any person. You may be asked specific questions if you are seeking to use certain features of the Sites (such as a Constant Contact account), and your answers to those questions will determine whether or not you are eligible to register for those features. If you answer “I agree” and you answer all of the questions posed for each feature and otherwise are eligible, your account may be activated. If you answer “I Do Not Agree” or otherwise do not answer all of the questions or otherwise are not eligible, your account will not be activated and you will not be permitted to access the Services online. HFH (or its vendors) reserves the right to decline to activate an account for any person for any reason.. Once you have confirmed, you will be permitted to log in, view, load, and use the Services and the service for which you have been registered. By making such confirmation, you acknowledge that you have read these Terms Of Use, understand your rights and obligations, and agree to be bound by these Terms Of Use. You acknowledge that certain Services will be provided subject to additional terms and conditions (or a separate written agreement only) and you agree that you will abide by such additional terms and conditions applicable to those Services. Password Protection. You must have a password to access the WePay online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify HFH if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by HFH. Account Requirements. In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Sites or the Services or any portion thereof. Parental Consent. As part of some account activation processes, you may be asked to certify that you are 18? years of age or older. If you are under the age of 18, then your parent or legal guardian may establish an account for each minor child who may use the Services. In such event, the parent or legal guardian must certify that he or she is at least 18 years old and that he or she is the parent or legal guardian of the child/children listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives your minor child permission to access all of the Sites and the Services. As the legal guardian or parent, it is your responsibility to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for the minor child and whether the minor child should participate in any feature of the Sites or Services. You should understand that we may disclose any activity under the minor child’s account to the parent or legal guardian. Availability of Service. HFH reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party’s information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on HFH’s servers on your behalf. Without limiting the foregoing, you agree that HFH shall have no responsibility or liability for the deletion or failure to deliver any information, pictures, content or email provided by or stored by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of HFH. You acknowledge that HFH reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that HFH shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. On-Line Donations. In order to make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email. You are responsible for the accuracy of the information in your account(s) supplied by you to HFH. By providing such information to HFH by any means (e.g.: email, fax, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to HFH for use in processing your orders or receiving your donations from the Sites. In order to make donations online using the payment method displayed on the Web site (e.g., VISA, Mastercard, Discover, etc.), you must be 18 years of age or over. By using the Sites’ payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Sites, including, without limitation, instructing HFH or its authorized vendors to collect any payments from a credit or debit card, and to use the Sites in accordance with all terms and conditions of these Terms Of Use. Billing to your credit card or to your account occurs at the time of purchase or donation or shortly thereafter. All sales of merchandise purchased from HFH on the Sites are subject to HFH’s standard sales terms and conditions, which contain certain warranty and liability limitations. All returns and exchanges of merchandise purchased from HFH on the Sites are subject to HFH’s standard return and exchange policy. HFH will charge tax in states where such purchases are taxable and your invoice will include both the purchase price and sales tax based on the bill-to address for you for your credit card at the sales tax rates then in effect at the time of purchase. You agree that you are responsible for all charges incurred by your use of the Sites and you expressly authorize HFH to charge the credit card provided by you or listed on your account for any outstanding fees or costs due to HFH or any donations submitted online via the Sites. Services Indemnification. IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS OF USE, YOU WILL INDEMNIFY AND HOLD HFH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY HFH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO HFH’S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU IN CONNECTION WITH THE SERVICES, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MIDSCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU IN CONECTION WITH THE SERVICES, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON HFH’S OWN NEGLIGENCE. IN NO EVENT SHALL HFH’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00. Acceptable Use Policy for Services & Sites In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of HFH or its licensors or supplier’s content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of HFH or its licensors or supplier’s software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms Of Use to any third party, or otherwise commercially exploit or profit from the information or content of the Sites (or any part or portion thereof). IMPROPER USE OF THE SITES WILL RESULT IN LOSS OF YOUR ACCOUNT ACCESS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES. Term & Termination HFH may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms Of Use; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms Of Use, or a statement by you otherwise requesting termination of your access to the Services; (x) completion of the HFH or other fundraising event or program in which you are participating; and/or (xi) any other reason reasonably considered by HFH to be in its best interest. Your access to the Sites or the Services also will terminate automatically if you fail to comply with any term or provision of these Terms Of Use. You agree that any termination of your account and/or your access to the Sites or the Services may be effected without prior notice and you acknowledge and agree that HFH may immediately deactivate or delete your account and all related information, files or content in your account and/or bar any access to such information or content by you or others. HFH shall not be obligated to return or provide copies of any information, files or content in your account to you upon deactivation. You may deactivate your account at any time subject to full payment of any costs or donations charged to your account(s). You further agree that the HFH shall not be liable to any third-party for any termination or deactivation of your access to your account(s) or the Sites. Upon termination, HFH will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to HFH with respect to the Services terminated or the Sites; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms Of Use, which by their nature are intended to survive termination (such as indemnification) shall survive the termination of your access to the Sites or the Services. Deactivation of the Sites Notice of Claims of Intellectual Property Violations 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 or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights. 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 HFH to locate the material. 4. Information reasonably sufficient to permit HFH to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law. 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. HFH’s agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its Legal Counsel, who can be reached, as follows: By mail: Hope for Humans Attn: Legal Department Please provide all of the information requested above. No specific form is required to provide HFH with notifications of possible infringement. However, it will take HFH longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice. COPPA Privacy Equitable Remedies Governing Law; Venue; Statute of Limitations Dispute Resolution Miscellaneous Failure by us to enforce any particular term of these Terms Of Use shall not be construed as a waiver of any of our rights hereunder. These Terms Of Use have been written in the English language and the English language shall control. These Terms Of Use, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. You waive any right that you may have under local law to receive these Terms Of Use in any language other than English. These Terms Of Use (and each supplemental agreement referenced in or referencing these Terms Of Use found on the Sites) constitutes the entire agreement between you and HFH with respect to the Sites and the Services. under local law to receive these Terms Of Use in any language other than English. Contact Information By mail: Hope for Humans |