1. ACCEPTANCE OF TERMS
Healing Hearts, Healing Minds, Inc. provides its services subject to the following Terms of Service (“TOS”), which may be updated by Healing Hearts, Healing Minds, Inc. or its representatives from time to time. The most current version of the TOS can be reviewed at any time through the use of our website (healingheartshealingminds.org).
2. DESCRIPTION OF SERVICE
The HHHM website currently provides Clients and other users with access to personalized content, programs, and resources and useful links, etc. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.
Client is responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider). Client is responsible for those fees. In addition, Client must provide and is responsible for all equipment necessary to access the Service.
3. REGISTRATION OBLIGATIONS
In consideration of use of the Service, Client agrees to the best of their abilities to: (a) provide current and complete information about themselves, their organization and its users (such information being the “Registration Data”) and (b) maintain and update the Registration Data to keep it current and complete. In addition, Client understands that in order to keep them informed of HHHM services, upcoming events, news or newsletters, that HHHM will on a periodic basis send email based communications to subscribers and to clients notifying them of such items. Client agrees that receiving these emails is a part of their use of the Service, and if they wish to not receive these emails they must terminate their account.
4. MEMBER CONDUCT
Client understands that all information, data, text, software, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the Client, and not HHHM or its representatives, is entirely responsible for all Content that it uploads, posts, emails, transmits or otherwise makes available via the Service.
Client agrees to not use the Service to:
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, Client agrees to comply with all applicable laws of the United States regarding online conduct and acceptable Content. Specifically, Client agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which Client resides.
Client agrees to indemnify and hold HHHM and its representatives, their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Content Client submits, posts, transmits or makes available through the Service, or breach of the TOS.
7. NO RESALE OF SERVICE
Client agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
8. DEALINGS WITH ADVERTISERS
Client’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Client and such advertiser. Client agrees that HHHM and its representatives shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The HHHM website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because HHHM and its representatives have no control over such sites and resources, the user or Client acknowledges and agrees that HHHM and its representatives are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. User or Client further acknowledges and agrees that HHHM and its representatives shall 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 third party sites or resources, or any goods or services available on or through any such site or resource.
10. HHHM PROPRIETARY RIGHTS
User or Client acknowledges and agrees that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. User or Client further acknowledges and agrees that Content contained in sponsor advertisements or information presented to Client through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HHHM and its representatives, or advertisers, Client agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
11. DISCLAIMER OF WARRANTIES
The User or Client expressly understands and agrees that:
Client’s use of the services is at its sole risk to the extent permitted by law. The service is provided on an “as is” and “as available basis. HHHM and its representatives expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement..
HHHM and its representatives make no warranty that (i) the service and information received through the service will meet client’s requirements, (ii) the service will be uninterrupted, timely, secure, error-free, or virus-free, (iii) any information that may be obtained from the use of the service will be accurate or reliable, (iv)any errors in the software will be corrected.
Any material downloaded, viewed or otherwise obtained through the use of the service is done at client’s own discretion and risk and that client will be solely responsible for any damage to client’s computer systems and networks, or loss of data that results from the download, viewing or use of any such material.
12. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the above limitations of section 11 may not apply to client.
Notices to Client may be made via email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Any Notice that Client is required or may desire to give to the HHHM and its representatives under or in conjunction with the TOS or any agreement between the parties shall be made via email to firstname.lastname@example.org and shall be deemed to have been duly delivered based on the date that the electronic mail is received by the HHHM mail servers.
14. TRADEMARKS AND LOGOS.
All trademarks, service marks, trade names or other words or symbols (“Marks”) identifying HHHM, or Celebrations of Life, and its representatives will remain such Party’s exclusive property. Client agrees to not take any action that jeopardizes the other Party’s proprietary rights or acquire any rights in the Marks. Except as specifically stated otherwise in an addendum or amendment hereto, no license to use any HHHM logo, or the logos of their representatives is granted in this section.
14. COPYRIGHTS and COPYRIGHT AGENTS
HHHM and its representatives respect the intellectual property of others, and asks that Clients to do the same. If User or Client believes that its work has been copied in a way that constitutes copyright infringement, or its intellectual property rights have been otherwise violated, please provide HHHM the following information:
16. GENERAL INFORMATION
The TOS and any Subscription Agreement between Client and HHHM and its representatives constitute the entire agreement between client and the HHHM and its representatives and govern your use of the Service, superseding any prior agreements between you and HHHM and its representatives. The failure of HHHM or its representatives to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be 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 the TOS remain in full force and effect.