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Agreement of Terms
of Use
THIS AGREEMENT OF TERMS
OF USE (this "Agreement") is made as of this day, by and
betweenHigh Hopes for Children and you. This Agreement sets
forth the terms and conditions that apply to your access and use
of the Internet website owned by High Hopes for Children,
located at the URL www.highhopesforchildren.org ("highhopesforchildren.org").
Applicability of
Agreement
This Agreement is intended to apply to High Hopes for Children,
and the website www.highhopesforchildren.org ("highhopesforchildren.org").
Your Right to Access
and Use highhopesforchildren.org
The right to access and use highhopesforchildren.org is personal
to you or your company and is not transferable by you to any
other person or entity. You are only entitled to access and use
highhopesforchildren.org for lawful purposes and pursuant to the
terms and conditions of this Agreement. By accessing and using
highhopesforchildren.org (other than to read this Agreement),
you agree to comply with all of the terms and conditions of this
Agreement, including any changes or revisions to this Agreement,
which High Hopes for Children, in its sole discretion, may make
in the future. Any action by you that, as determined by High
Hopes for Children, in its sole discretion, restricts, inhibits
or prevents you or any other user from accessing, using or
enjoying highhopesforchildren.org shall not be permitted, and
may result in your loss of the right to access and use
highhopesforchildren.org.
Intellectual
Property Rights
Images of people or places displayed on highhopesforchildren.org
are either the property of, or used with permission by, High
Hopes for Children. The use of these images by you, or anyone
else authorized by you, is prohibited unless specifically
permitted by this Agreement or specific permission provided
elsewhere on highhopesforchildren.org. Any unauthorized use of
the images may violate copyright laws, trademark laws, the laws
of privacy and publicity and communications regulations and
statutes.
The trademarks, logos,
and service marks (collectively the "Trademarks") displayed on
highhopesforchildren.org, including, without limitation, the
names "High Hopes for Children, Inc." and "Donum Group, Inc."
and any respective logos are registered and unregistered
Trademarks of High Hopes for Children or their rightful owners.
Nothing contained on the website should be construed as
granting, by implication, estoppel, or otherwise, any license or
right to use any Trademark displayed on highhopesforchildren.org
without the written permission of High Hopes for Children or
such third party owners of the Trademarks. Any use of third
party Trademarks on highhopesforchildren.org is done either by
permission of the Trademarks' owners, or as part of a "News"
story or feature and subject to the Fair Use provisions of
international, Federal, and State intellectual property laws. No
special association or relationship is intended by such use, and
its use should not be construed as granting High Hopes for
Children any official status with any third party, unless
otherwise noted. Your misuse of the Trademarks displayed on
highhopesforchildren.org, or any other content on
highhopesforchildren.org, except as provided in this Agreement,
is strictly prohibited. You are also advised that High Hopes for
Children will aggressively enforce its intellectual property
rights to the fullest extent of the law, including the seeking
of criminal prosecution.
The data and content
contained on or downloaded from highhopesforchildren.org
(collectively, the "Content") are copyrighted by High Hopes for
Children, which also owns a copyright of a collective work in
the selection, coordination, arrangement and enhancement of the
Content.
Without the prior
written consent of High Hopes for Children, you may only print,
download or otherwise use the Content in the form of: (i) one
machine-readable copy and (ii) one print copy, for your
personal, non-commercial use; provided, however, that you shall
not delete any proprietary notices or materials with regard to
the foregoing manifestations of Content.
Except as otherwise
permitted under the copyright laws of the United States, no
other copying, distribution, redistribution, transmission,
publication or use other than personal, non-commercial use of
the Content is permitted without the express prior written
permission of High Hopes for Children or their licensors.
You agree that
printing, downloading or otherwise using the Content in
accordance with this Agreement does not entitle you to any
ownership or intellectual property rights in the Content.
You shall be solely
responsible for any damage resulting from your infringement of
High Hopes for Children's intellectual property, or any other
harm incurred by High Hopes for Children as a direct or indirect
result of your copying, distributing, redistributing,
transmitting, publication or use for purposes other than
personal, non-commercial use of the Trademarks or the Content
that is contrary to the terms and conditions of this Agreement.
No Representations
or Warranties Regarding Content
THE CONTENT IS BEING PROVIDED TO YOU ON AN "AS-IS" BASIS. High
Hopes for Children DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES
OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY,
CORRECTNESS, OR COMPLETENESS OF THE CONTENT, NOR THE SAFETY,
RELIABILITY, TITLE, MERCHANTABILITY, CONFORMITY OR FITNESS OR A
PARTICULAR PURPOSE OF THE CONTENT.
High Hopes for Children
MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT ANY CONTENT
AVAILABLE FOR DOWNLOADING FROM highhopesforchildren.org IS FREE
OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS,
BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR
COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR
DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE,
DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR
EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
IT IS YOUR SOLE
RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY,
CORRECTNESS OR COMPLETENESS OF ANY OPINIONS, ADVICE, STATEMENTS,
SERVICES, PERKS, OFFERS OR OTHER INFORMATION OR CONTENT ON
highhopesforchildren.org.
Links to Third Party
Sites
highhopesforchildren.org may contain links to third party
Internet websites ("Linked Sites"). The Linked Sites are not
under the control of High Hopes for Children and High Hopes for
Children are not responsible for the contents of any Linked
Site, including without limitation any link contained in a
Linked Site, or any changes or updates to a Linked Site. High
Hopes for Children is not responsible for webcasting or any
other form of transmission received from any Linked Site, nor is
High Hopes for Children responsible if the Linked Site is not
working appropriately. High Hopes for Children is providing
these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by High Hopes for Children
of the Linked Site or any association with its operators. You
are responsible for viewing and abiding by the privacy
statements and terms of use posted at the Linked Sites.
Links Added to the
Sites
highhopesforchildren.org may allow you to add links or execute
programs from within the websites ("Added Links"). Added Links
are not under the control of High Hopes for Children and High
Hopes for Children is not responsible for the contents,
performance, or resulting operation of any Added Links,
including without limitation any link contained in Added Links,
or any changes or updates to Added Links. High Hopes for
Children is providing this option to you only as a convenience,
and the inclusion of any link does not imply endorsement by High
Hopes for Children of the Added Links or any association with it
operations. Added Links could produce unfavorable results,
including but not limited to, damage to equipment and or data.
You are solely responsible for any results that might occur from
adding Added Links and you hereby agree to indemnify High Hopes
for Children from any and all action that might occurred from
using Added Links.
Equipment and
Related Costs
You are responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed to access and use
highhopesforchildren.org, and all costs and fees associated with
Internet access or long distance charges incurred with regard to
your access and use of highhopesforchildren.org.
Termination of this
Agreement
You may terminate or opt out of this Agreement at any time by
contacting High Hopes for Children at
contact@highhopesforchildren.org.
Termination or opting out of this Agreement by you shall result
in your loss of the right to access and use
highhopesforchildren.org.
High Hopes for Children
may terminate this Agreement at any time, without prior notice,
for any reason, or for no reason, which High Hopes for Children
shall have no obligation to disclose to you.
Limitations on High
Hopes for Children' Liability
High Hopes for Children shall in no event be responsible or
liable to you or any third party, whether in contract, warranty,
tort (including negligence) or otherwise for any special,
incidental, indirect or consequential damages, including, but
not limited to, damages for any loss of profit, revenue or
business, as a result of:
(i) your access
and use of highhopesforchildren.org;
(ii) your downloading of any Content for your personal,
non-commercial use;
(iii) your downloading of any Content as may be
permitted by High Hopes for Children's prior written
permission regarding the same;
(iv) your reliance or use of Content displayed, offered,
promoted or advertised on highhopesforchildren.org; or
(v) your use of links either supplied by High Hopes for
Children or added by you.
Indemnification
You shall defend, indemnify and hold harmless High Hopes for
Children and each of its respective officers, directors,
shareholders, employees, independent contractors, agents, and
representatives from and against all claims and expenses,
including attorneys' fees, arising out of, or attributable to: (i)
any breach or violation of this Agreement by you; and (ii) any
access or use of highhopesforchildren.org.
Third Party Rights
This Agreement is for the benefit of High Hopes for Children and
third party licensors, each of which shall have the right to
enforce and assert the terms and conditions of this Agreement
directly against you on their behalf.
Amendments
High Hopes for Children reserves the right to amend this
Agreement at any time in its sole discretion and without notice.
Changes, revisions or deletions with regard to this Agreement
shall be effective immediately upon their inclusion in, or
deletion from, this Agreement and the posting of the same in
this Agreement on highhopesforchildren.org.
You are encouraged to
revisit this Agreement from time to time |
