Terms of Service

The Hope Institute for Children and Families Network Terms of Service

Overview:

We (The Hope Institute) run several web sites providing information about what we do, and the ability to fundraise and donate to help us in our mission. Our sites are designed to facilitate interaction among our users.

Terms of Service:

The following terms and conditions govern all use of the The Hope Institute websites, including all subdomains, TheHopeSchool.org, TheAutismProgram.org and any additional sites for which we maintain ownership (the Network). The Network is owned and operated by The Hope Institute for Children and Families (“The Hope Institute”). The Network is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, The Hope Institute’s Privacy Policy) and procedures that may be published from time to time on this Site by The Hope Institute (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Network. By accessing or using any part of the member websites, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Network or use any services. If these terms and conditions are considered an offer by The Hope Institute, acceptance is expressly limited to these terms.

Responsibility of Contributors. If you comment on an article, post material to the Network, post links on the Network, or otherwise make (or allow any third party to make) material available by means of the Network (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
By submitting Content to The Hope Institute for inclusion on your Website, you grant The Hope Institute a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile, comments, and fundraising pages. If you delete Content, The Hope Institute will use reasonable efforts to remove it from the Network, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, The Hope Institute has the right (though not the obligation) to, in The Hope Institute’s sole discretion (i) refuse or remove any content that, in The Hope Institute’s reasonable opinion, violates any The Hope Institute policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Network to any individual or entity for any reason, in The Hope Institute’s sole discretion. The Hope Institute will have no obligation to provide a refund of any amounts previously paid.

Fees and Payment. You may choose to make a donation to The Hope Institute through the The Hope Institute Donation Form. Any charges you incur by making such a donation will be billed to your provided financial account immediately, and are non-refundable.

Responsibility of Website Visitors. The Hope Institute has not reviewed, and cannot review, all of the material, including computer software, posted to the Network, and cannot therefore be responsible for that material’s content, use or effects. By operating the Network, The Hope Institute does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Network may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Network may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Hope Institute disclaims any responsibility for any harm resulting from the use by visitors of the Network, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Network links, and that link to the Network. The Hope Institute does not have any control over those non-The Hope Institute websites and webpages, and is not responsible for their contents or their use. By linking to a non-The Hope Institute website or webpage, The Hope Institute does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Hope Institute disclaims any responsibility for any harm resulting from your use of websites and webpages.

Copyright Infringement and DMCA Policy. As The Hope Institute asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the network violates your copyright, you are encouraged to notify The Hope Institute in accordance with The Hope Institute’s Digital Millennium Copyright Act (“DMCA”) Policy. The Hope Institute will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of The Hope Institute or others, The Hope Institute may, in its discretion, terminate or deny access to and use of the Network. In the case of such termination, The Hope Institute will have no obligation to provide a refund of any amounts previously paid to The Hope Institute.

Intellectual Property. This Agreement does not transfer from The Hope Institute to you any of The Hope Institute’s or third party’s intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Hope Institute. The Hope Institute, and all other trademarks, service marks, graphics and logos used in connection with the Network are trademarks or registered trademarks of The Hope Institute or The Hope Institute’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Network may be the trademarks of other third parties. Your use of the Network grants you no right or license to reproduce or otherwise use any The Hope Institute or third-party trademarks.

Changes. The Hope Institute reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Network following the posting of any changes to this Agreement constitutes acceptance of those changes. The Hope Institute may also, in the future, offer new services and/or features through the Network (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. The Hope Institute may terminate your access to all or any part of the Network at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your The Hope Institute Account (if you have one), you may simply discontinue using the Network. The Hope Institute can terminate the Network immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Network is provided “as is”. The Hope Institute and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Hope Institute nor its suppliers and licensors, makes any warranty that the Network will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Network at your own discretion and risk.

Limitation of Liability. In no event will The Hope Institute, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Hope Institute under this agreement during the twelve (12) month period prior to the cause of action. The Hope Institute shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Network will be in strict accordance with the The Hope Institute Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Network will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless The Hope Institute, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Network, including but not limited to your violation of this Agreement.

Miscellaneous. This Agreement constitutes the entire agreement between The Hope Institute and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Hope Institute, or by the posting by The Hope Institute of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Network will be governed by the laws of the state of Illinois, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Hope Institute may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Linking Information Hypertext Linking. The Hope Institute encourages and permits text links to content on The Hope Institute Web site, www.cancer.org, provided: (a) any text-only link must clearly be marked “American Cancer Society;” (b) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with The Hope Institute name and trademarks; (c) the appearance, position and other aspects of either the link or the host website may not create the false appearance that an entity other than The Hope Institute is associated with or sponsored by The Hope Institute; (d) the link, when activated by a user, must display this Website full-screen and not with a “frame” on the linked website; and (e) The Hope Institute reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement .

The Hope Institute is not responsible for the information or materials contained on the host website. Links to this Website are provided for convenience of reference only and are not intended as an endorsement by The Hope Institute of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.