Website Terms of Use
Your Acceptance of These Terms
By accessing websites and digital applications provided by Hope Walks, Inc. (collectively, the “Site”), you agree to be bound by the terms and conditions stated below (the “Terms”) and all applicable laws. Moreover, you accept, without limitation or qualification, these Terms and acknowledge that these Terms are the only agreement between you and Hope Walks, Inc. (“HW”) that applies to your use of our Site. HW reserves the right to modify the Terms or its policies relating to the Site at any time, with or without notice to you. You are responsible for regularly reviewing the Terms before accessing or using the Site. Each time you use the Site, you agree to these Terms in the version then current at the time you access the Site. HW may monitor any use of the Site.
Terms and Conditions
Unless expressly stated to the contrary, everything you see, hear, read, or access in any way on the Site is and shall remain the HW’s copyrighted intellectual property. HW grants you a personal, revocable (at any time and for any reason in the discretion of HW), non-exclusive, non-transferable, limited license (without the right to sublicense) to display the material contained on the Site solely on your personal computer or mobile device for your personal, non-commercial use. Your authorized use of HW materials, including the text, images, audio, video, blog posts, comments, forums, and any other content created with extant or future tools (the “materials”), means (1) the materials must not be modified in any way; (2) the materials must not be used in a way that indicates or implies a representative association of any kind between you and HW; 3) your use of the materials must abide by these Terms, and express statements regarding use of the materials in the text of the Site. Any other use requires express written authorization and permission from HW. HW neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with HW or infringe the laws of any jurisdiction outside the United States of America.
To the best of its ability, HW includes accurate and up-to-date information in the Site without making warranties or representations as to its accuracy. HW assumes no liability to you or to any third party for any errors or omissions in any content that may be made available to you through the Site.
You assume all risks of using the Site, including the risk of damage and the entire cost of all necessary service, repair, or correction of your computer and related systems arising from your use of the Site. you assume all risks of viewing, using, distributing, or endorsing site content, including third party content. You further assume sole responsibility to take all actions for the security and maintenance of your computer systems, software, and data, including but not limited to (1) creating fire walls and taking similar protective measures to prevent unauthorized access to your computer systems, software, or data or infiltration or corruption of your computer systems, software, or data, (2) creating, storing, and updating any necessary back-up or archival copies of data as needed in case of system failure, and (3) fully documenting all account information.
You agree that even if an exception were to apply which might allow such damages, your recovery will not be greater than the amount you paid to HW to access the site. Without limiting the foregoing, everything on the Site is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. HW does not warrant that the Site will be uninterrupted, secure, error-free, or that any defects or errors will be corrected.
To the best of its ability, HW ensures that any content that may be made available to you in the Site will not deleteriously affect any computer system or systems that you may use to access the Site, and HW continuously works to maintain the highest possible standards of information security and integrity. Notwithstanding, HW assumes no responsibility, and shall not be liable for, any software or content (commonly called “malware”) that may damage your computer equipment or other property resulting from your access to, use of, or browsing in the Site or download of any materials, data, text, images, video, or audio from the Site.
Because HW cannot guarantee the security of any device you may use to access the Site, nor the security of the public Internet, HW cannot guarantee the confidentiality or integrity of any material you transmit publicly or privately to the Site by upload, electronic mail or otherwise, including but not limited to any data, text, software, music, sound, videos, messages, tags, blogs or forum postings, questions, comments, suggestions, or the like. While HW uses reasonable efforts to preserve your privacy, HW reserves the right to use, at HW’s sole discretion and in accordance with HW Privacy Policy, anything you transmit or post for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting.
Neither HW nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access to, or use of, the site, or your inability to do so. YOU WAIVE, RELEASE AND DISCHARGE HW FROM, AND COVENANT NOT TO SUE HW, ITS AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LEGAL REPRESENTATIVES, AGENTS, HEIRS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “PROTECTED PARTIES”) FOR, ANY LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, AND INCLUDING INTANGIBLE DAMAGES) CAUSED BY OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY YOUR USE OR INABILITY TO USE THE SITE, BY VIEWING OR OTHER USE OF SITE CONTENT, INCLUDING THIRD PARTY CONTENT, OR THE CONTENT OF LINKED SITES, BY INTERACTION WITH THIRD PARTIES INTRODUCED THROUGH THE SITE, BY COMPUTER VIRUS, OR BY THEFT, UNAUTHORIZED ACCESS TO, OR DESTRUCTION OF PERSONAL OR OTHER INFORMATION, REGARDLESS OF CIRCUMSTANCES, WHETHER OR NOT SUCH DAMAGE RESULTS IN WHOLE OR IN PART FROM A PROTECTED PARTY’S BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHER ACTION OR OMISSION (BUT NOT TO THE EXTENT SUCH DAMAGE RESULTS FROM A PROTECTED PARTY’S WILLFUL AND WANTON MISCONDUCT), AND EVEN IF ONE OR MORE OF THE PROTECTED PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Images displayed on the Site are either the property of, or used with permission by, HW. Your use of these images, or use by anyone else authorized by you, is prohibited unless specifically permitted by these Terms, or specific permission provided elsewhere on the Site. Your use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, service marks and product and service names related to HW (collectively the “Trademarks”) displayed on the Site may contain registered and unregistered Trademarks of HW and others. 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 the Site without the written permission of HW or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that HW will enforce its intellectual property rights to the full extent of the law, including the seeking of criminal prosecution where appropriate.
While HW continuously reviews sites and services that may be available to you through links on the Site, HW may not have reviewed all of the sites linked to the Site at any given time and is neither responsible for nor liable to you or any third party for the content of any off-site pages or any other sites linked to the Site. Your use of any link on the Site to browse any other off-site pages or other sites is entirely at your own risk.
Member Conduct
Although HW may from time to time monitor or review, as applicable, discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, HW is under no obligation to do so and assumes no responsibility or liability arising from the content of any such resources nor for any error, defamation, libel, slander, omission, falsehood, impersonation of any person or entity obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You may not use the Site to post, transmit, or upload any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, invasive of another’s privacy, discriminatory, harmful to minors or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. HW will fully cooperate with any law enforcement authorities or court order requesting or directing HW to disclose the identity of anyone posting any such information or materials.
Software and content from this Site are further subject to United States Export Controls. No software from this Site may be downloaded or exported intentionally or unintentionally (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or on any such list.
Storage of Information Regarding Your Activities on the Site
HW logs and stores anonymous information each time you visit the Site. This information includes: time and date of visit, IP address, host, client (browser type) and the referrer by which you came to the Site. This information is used strictly for statistical analysis.
If upon completing HW’s registration process, you receive a password and account designation, you are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for any activities that occur under your password or account. You agree to notify HW of an unauthorized use of your password or account or any other breach of security and ensure you exit from your account at the end of each session.
HW can for any reason or no reason without prior notice, at its sole discretion, immediately terminate your access to the Site and access to Your account at any time and for any reason and shall not be liable to you or any third party for any termination of your account or access to the Site. HW also reserves the right to log off and completely remove accounts that remain inactive for an extended period of time.
You acknowledge, consent and agree that HW may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, enforce Terms, respond to claims that any content violates the rights of third parties, respond to your requests for service, or protect the rights, property or personal safety of HW, its users and general public.
No Waiver of Terms
Failure to exercise or enforce these Terms or any part thereof shall not constitute waiver of any terms or provision incorporated in these Terms.
Indemnification
You agree to indemnify HW and any of its licensors, and their respective parents, affiliates, subsidiaries, and related companies, and all of their respective officers, directors, employees, legal representatives, agents, heirs, successors and assigns, from and against any damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or connected in any way to any claims, actions, suits, or demands based on or related to your use of the Site, or any breach by you of the Terms.
Choice of Law
HW is organized under the laws of the state of Delaware, United States of America, and these Terms are governed by Delaware law. If any provision of this agreement is unlawful, void, or unenforceable, it will not affect the validity and enforceability of any remaining provisions. This is the entire agreement regarding the matters discussed on this page.
Severability
If any provision of the Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions, which must be construed, as nearly as possible, to reflect the intentions of the parties, and to remain in full force and effect.
Any rights not expressly granted herein are reserved.
Questions or Additional Information
If you have questions regarding the Terms or wish to obtain additional information regarding HW, please call 711.502.4400 or email to info@hopewalks.org.
The foregoing Terms are effective as of July 1, 2023.