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| TERMS AND CONDITIONS OF USE |
PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Use
of Site Subject to Terms and Conditions of Use:
Your use of this Site (defined below) is subject to these Terms and
Conditions of Use. By accessing the Site, you signify your assent to
these Terms and Conditions of Use and any modifications of these Terms
and Conditions of Use. If you do not agree to these Terms and Conditions
of Use, you may not access the Site. Hope
(defined below) may modify these Terms and Conditions of Use from time
to time by updating this posting, and the modified terms and conditions
will be binding on you as of the date of posting. You should review
these Terms and Conditions of Use every time you access the Site to
ensure that you are aware of any modifications, but the modifications
are binding on you whether or not you review them. Definitions:
The following definitions apply to these Terms and Conditions of Use: "Hope"
means Hope Community Resources, Inc.
"Information" means all information available through or offered
for use on or in connection with the Site, including without limitation
online medical information. "Site"
means this Web site and all of its constituent Web pages, all Information,
all Site Materials, and any services available through or offered for
use on or in conjunction with the Site. "Site
Materials" means everything you see or read on the Site (including
all text, images, photographs, illustrations, icons, video clips, and
other visual materials); all software contained in or used in connection
with the Site (including all client software, HTML code, Cold Fusion
code, Java applets, ActiveX controls and other software code); and all
depictions or compilations of Information. "Third
Parties" means organizations, entities or individuals other than
Hope and you. "User"
or "Users" means a person or persons using the Site. Use
of Site for Lawful Purposes Only:
The Site may not be used for any purpose that is unlawful or prohibited
by these Terms and Conditions of Use. By accessing the Site, you warrant
that you will not use the Site for any purpose that is unlawful or prohibited
by these Terms and Conditions of Use.
Use of Information:
You are solely responsible for your conduct with respect to any Information,
including without limitation your conduct in creating, storing, transmitting,
disseminating, accessing, receiving, or using any Information. No
Medical Advice:
Nothing contained in or available through the Site shall constitute
medical advice by Hope. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING
IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. No
Warranties:
USE THE SITE AT YOUR OWN RISK. THE SITE, INCLUDING WITHOUT LIMITATION
ALL OF ITS CONSTITUTENT WEB PAGES, ALL INFORMATION, ALL SITE MATERIALS,
AND ANY SERVICES AVAILABLE THROUGH OR OFFERED FOR USE ON OR IN CONJUNCTION
WITH THE SITE, ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Without
limiting the foregoing, Hope does not warrant that the Site or its operation
will be accurate, reliable, uninterrupted, error-free or free of viruses
or other harmful agents, nor does Hope warrant that any Information
will be accurate, reliable, complete, or timely. You acknowledge that
Information may be transmitted over local exchange, inter-exchange and
Internet backbone carrier lines and through routers, switches and other
devices owned, maintained and serviced by local and long distance carriers,
utilities, Internet service providers and other third parties, all of
which are beyond the control of Hope. You accept all risk arising out
or relating to the delay, failure, interruption, corruption, or interception
of any Information.
No agent or representative has the authority to create any warranty
regarding the Site on behalf of Hope. Hope may change or discontinue
at any time the Site or any or all aspects or features of the Site. Exclusion
and Release of Liability; Exclusion of Consequential Damages:
AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE THAT HOPE SHALL INCUR
NO LIABILITY FOR, AND YOU PROSPECTIVELY WAIVE AND RELEASE HOPE FROM,
ANY CLAIM OR CAUSE OF ACTION, WHETHER BASED ON CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, FOR ANY PERSONAL INJURY OR ILLNESS OR
DEATH, DAMAGE TO OR LOSS OF ANY REAL OR PERSONAL PROPERTY, INCLUDING
INTELLECTUAL PROPERTY, INVASIONS OF PRIVACY AND INJURIES TO REPUTATION,
LOSS OF DATA, LOST PROFITS OR OTHER BUSINESS INJURY, AND ANY OTHER INJURY
OR DAMAGE OF ANY KIND THAT ARISES OUT OF OR RELATES TO YOUR USE OF THE
SITE, EVEN IF HOPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY
OR DAMAGE. Without
limiting the foregoing, Hope shall not be liable for, and you prospectively
waive and release Hope from, any claims arising out of or relating to
your access to or use of any Information, Site Materials, or any services
available through or used on or in conjunction with the Site; any claims
arising out of or relating to the creation, content, storage, transmittal,
dissemination, accessing, receipt, use, delay, failure, interruption,
corruption, or interception of any Information of or by any User; any
claims arising out of or relating to any delay, failure, interruption
or loss of service; and any claims of libel, defamation, harassment,
violation of rights of privacy or publicity, and infringement of intellectual
property or other rights.
HOPE'S SOLE LIABILITY SHALL BE FOR RECKLESSNESS OR WILLFUL MISCONDUCT
AND THEN ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO
EXCEED U.S. $1,000.00 (ONE THOUSAND DOLLARS). UNDER NO CIRCUMSTANCES
SHALL HOPE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS
OF EARNINGS, OR LOSS OF INCOME EARNING CAPACITY, EVEN IF HOPE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Remedies
under these Terms and Conditions of Use are exclusive and are limited
to those expressly provided for in these Terms and Conditions of use.
You acknowledge that Hope is a non-profit corporation; that the Site
is managed by Hope for the public good and not for profit; and that
the foregoing exclusion of liability and limitation of damages are essential
to the operation and viability of the Site. Additional
Protected Entities:
For purposes of any disclaimers of warranty, any exclusions or limitations
of liability or damages, any indemnity provisions, and any all references
to "Hope" shall mean Hope and its officers, directors, agents,
shareholders, owners, employees, trustees, administrators, receivers,
sureties, insurers, attorneys, successors and predecessors in interest,
parent and subsidiary and affiliated corporations, communications providers,
partners, licensors and suppliers, attorneys, assigns and receivers
of each of the foregoing, past, present and future. Links
to Third Party Sites:
Links to sites operated by parties other than Hope ("Linked Sites")
will let you leave this Site. Linked Sites are not under the control
of Hope, and Hope is not responsible for the contents of any Linked
Site or any link contained in any Linked Site, or any changes or updates
to such sites. Hope is not responsible for any information, data, or
transmission of any kind received from any Linked Site. Hope is providing
these links to you only as a convenience, and the inclusion of any link
does not imply endorsement by Hope of any Linked Site or of any information,
product or services. Indemnification:
You agree to defend, indemnify and hold Hope and its officers, directors,
agents, shareholders, owners, employees, trustees, administrators, receivers,
sureties, insurers, attorneys, successors and predecessors in interest,
parent and subsidiary and affiliated corporations, communications providers,
partners, licensors and suppliers, attorneys, assigns and receivers
of each of the foregoing, past, present and future, harmless from and
against any claims, actions or demands, liabilities and settlements,
including without limitation reasonable legal and accounting fees, arising
from or relating to or alleged to arise from or relate to your use of
the Site, including without limitation any claims involving access to
or use of any Information or services available through or used on or
in conjunction with the Site, any claims involving the creation, content,
storage, transmittal, dissemination, accessing, receipt, or use of any
Information of or by any User, and any claims of libel, defamation,
harassment, violation of rights of privacy or publicity, loss of service,
and infringement of intellectual property or other rights. Copyright:
You should assume that all Site Materials are copyrighted and protected
under treaty provisions and worldwide copyright laws, unless otherwise
noted. Except as otherwise expressly provided in this section, you may
not copy, distribute, transmit, display, perform, reproduce, publish,
modify, rewrite, reverse-engineer, disassemble, decompile, transcribe,
store in a retrieval system, translate into any language or computer
language, retransmit in any form or by any means (electronic, mechanical,
photoreproduction, recordation or otherwise), create derivative works
from, license, sublicense, transfer, or sell any Site Materials without
the prior written consent of the copyright owner. You agree to comply
with all provisions of any license applicable to any software included
in the Site Materials. If you violate any of the terms of this section,
your permission to use the Site will automatically terminate. In addition,
violation of the provisions of this section may subject you to severe
civil and criminal penalties. Requests
to reproduce Site Materials should be sent to Hope at: Attn:
Public Relations Network
540 W. International Airport Rd.
Anchorage, AK 99518-1110 Procedures
for Removal of Infringing Materials:
Hope will not tolerate copyright infringement of any kind. Hope does
not, however, monitor User-submitted materials for copyright infringement.
If you believe that any material on the Site infringes your copyright,
you may seek to have the material removed by sending Hope notice that
includes all of the following information: ·
your full name, address and telephone number;
· your e-mail address;
· identification of the copyrighted work that you believe is
being infringed;
· identification of infringing material and information sufficient
for Hope to locate it;
· your statement of good faith belief that (a) the material infringes
your copyrights, (b) the information provided in the notice is accurate
and (c) under penalty of perjury, you are authorized to act for the
copyright owner; and
· your physical signature. Direct
such notice to Hope's designated agent for receiving copyright infringement
notices: Attn:
Public Relations Network
540 W. International Airport Rd.
Anchorage, AK 99518-1110 Upon
receipt of notice complying with the above, Hope will act to remove
infringing materials and, if applicable, send notice to the User who
posted such materials on the Site. If
Hope removes materials posted by you, as a User, due to alleged copyright
infringement, you may seek to have the materials reinstated by notifying
Hope's designated agent in writing and including the following information: ·
your full name, address and telephone number;
· your e-mail address;
· identification of the material that has been removed or to
which access has been disabled, including: 1.
its location before it was removed or disabled;
2. your statement under penalty of perjury that you have a good faith
belief that the material was removed or disabled as a result of mistake
or misidentification of the material;
3. your statement consenting to the jurisdiction of the Federal District
Court for the District of Alaska at Anchorage;
4. a statement that you will accept service of process from the person
who provided notice of copyright infringement or from such person's
agent; and
5. your physical signature. Upon
receipt of a notice meeting the above requirements, Hope will send a
copy of the notice to the copyright owner who initially claimed copyright
infringement. Unless within 14 days following receipt of the notice
Hope receives notice from the copyright owner who submitted the first
notification that it has filed an action seeking a court order to restrain
the User that posted the materials from engaging in infringing activity,
Hope will replace or enable access to the removed material. Parties
who misrepresent that materials are infringing or were removed by mistake
or misidentification are subject to substantial civil liability to Hope
and/or the copyright owner or User. Trademarks:
"Hope Community Resources, Inc." and the Hope logo are trademarks
or servicemarks of Hope and are protected by state and/or federal trademark
laws. Other trademarks or servicemarks may appear on the Site with permission
from their respective owners. Nothing contained on the Site should be
construed as granting, by implication, estoppel or otherwise, any license
or right to use any trademark displayed on Hope without the written
permission of the party who owns the trademark. If you violate any of
the terms of this section, your permission to use the Site will automatically
terminate. In addition, your unauthorized use of trademarks appearing
on the Site may constitute trademark infringement, which could subject
you to severe civil penalties. Termination:
You are granted the privilege of accessing this Site unless Hope terminates
that privilege. Hope may, at any time and for any reason whatsoever,
terminate your privilege of accessing all or any portion of the Site.
You agree that Hope will not be liable to you or any third party as
a result of such termination. You agree that Hope may modify or discontinue
the Site at any time, with or without notice. You agree that Hope will
not be liable to you or any third party as a result of such modification
or discontinuation. Compliance
with Laws:
You are responsible for compliance with all federal, state, and local
law applicable to your use of the Site.
Injunctive Relief:
You agree that Hope will suffer irreparable injury in the event you
fail to comply with any of these Terms and Conditions of Use, and that
monetary damages may be inadequate to compensate Hope for such breach.
Accordingly, you agree that Hope will, in addition to any other remedies
available to it at law or in equity, be entitled to injunctive relief,
without posting a bond, to enforce these Terms and Conditions of Use. Survival:
All terms, conditions and warranties contained in these Terms and Conditions
of Use which by their sense and context are intended to survive the
performance hereof by the parties hereunder shall survive the completion
of the performance, cancellation or termination of the Agreement. Without
limiting the foregoing, the provisions entitled "Use of Information,"
"No Medical Advice," "No Warranties," "Exclusions
and Release of Liability; Exclusion of Consequential Damages,"
"Additional Protected Entities," "Indemnification,"
and "Jurisdiction and Limitation of Action" shall survive
the termination of this Agreement. Jurisdiction
and Limitation of Action:
Exclusive jurisdiction and venue for any dispute with Hope, or which
in any way relates to your use of the Site, resides in the state or
federal courts at Anchorage, Alaska, and you consent to the exercise
by those courts of personal jurisdiction over you. For purposes of the
preceding sentence, "Hope" shall include Hope or all other
entities identified in the paragraph entitled "Other Protected
Entities." If any provision of these Terms and Conditions of Use
is found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity or enforceability
of any of the remaining provisions of these Terms and Conditions of
Use. No waiver of these Terms and Conditions of Use shall be deemed
a further or continuing waiver of such term or condition or any other
term or condition. Any cause of action you may have with respect to
Hope must be commenced within six months after the claim or cause of
action arises, or such claim or cause of action is barred. Complete
Agreement:
These Terms and Conditions of Use constitute the entire agreement and
understanding between Hope and you with respect to your use of the Site,
superseding all prior or contemporaneous communications and/or understandings.
Notwithstanding the foregoing, these Terms and Conditions of Use do
not supercede any separate agreements by you with respect to any Information
or services available through or offered for use in conjunction with
the Site. A printed version of these Terms and Conditions of Use shall
be deemed to be admissible in evidence in any judicial or administrative
proceedings in which these Terms and Conditions of Use are relevant.
Notices:
Hope may deliver notice to you under these Terms and Conditions of Use
by means of electronic mail or by written communication delivered by
first class U.S. mail to your address on record in the Site. You may
give notice to Hope at any time via letter delivered by first class
postage prepaid U.S. mail or by overnight courier to the following address: Attn:
Public Relations Network
540 W. International Airport Rd.
Anchorage, AK 99518-1110
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