Last Updated: July 19, 2019
Additional or different terms and/or conditions may apply to your use of the Site or to a service or product offered via the Site (in each such instance, and collectively “Additional Terms”). If you do not wish to be bound by these Terms, and any applicable Additional Terms, do not use the Site.
These Terms are subject to change without notice. When such a change is made, we will update the “Last Updated” date at the top of this page. Your use of the Site following any such change constitutes your agreement to follow and be bound by updated Terms. IF YOU DO NOT AGREE TO ANY AMENDMENTS, YOU MUST DISCONTINUE USING THE SITE.
1. YOUR USE OF THE SITE
A. Creating and Accessing an Account on HIA Connect or the Site. When you register for an account on the Site, and each time you log in to the Site thereafter, you agree:
- You will provide and keep accurate, current, and complete information about yourself;
- You are solely responsible for all activities associated with your account or carried out by a user of your account, whether or not you authorized the activity;
- You will abide by the use restrictions set out in these Terms;
- You are solely responsible for maintaining the confidentiality of your Site access credentials and you will not share your credentials with any third party;
- You will immediately notify us if your credentials are compromised or of any unauthorized use of your account;
- You will not sell, transfer, or assign your account or any account privileges; and
- We will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
B. Donations to HIA. The Site may allow you to donate to HIA. Donations may be processed by a third-party service provider and may be subject to Additional Terms or third-party service terms.
- i. Acceptance and Billing. All billing information provided must be truthful and accurate. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY DONATION. Before accepting a donation, we may request additional information from you. HIA may request a pre-authorization for some donations submitted online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your donation during the checkout process, you agree to accept and pay the donation.
- ii. Payment Method. By donating, you represent and warrant that (a) you are authorized to use the designated payment method and (b) you authorize us, or our payment processor, to charge your designated payment method. Only valid payment methods specified by us may be used.
- iii. Insufficient Funds. If you have insufficient funds to complete a donation, we may at our sole discretion, terminate the entire donation or partially fulfill the donation using the amount of funds currently available, less any fees (if applicable).
- iv. Pricing. The price of a donation is up to you. All donations are a one-time charge and do not renew, unless otherwise stated in Additional Terms or chosen by you. For applicants applying to the annual summer Fellowship programs, we may charge a one-time fee.
- v. Errors. In the event of an error, whether via our Site, in pricing, in processing your Projects, or otherwise, we reserve the right to correct such error, subject to your right to terminate.
- vi. Refunds. Donations and annual summer Fellowship program fees are not refundable.
C. Content. The Site may contain (i) materials and other items relating to HIA and its services including layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the “look and feel” of the Site such as the selection, compilation, assembly, arrangement, and enhancement of the Site; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of HIA; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Content available via the Site is the property of HIA, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
D. Site Content Accuracy. HIA will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. HIA reserves the right to correct any errors and to update Site information at any time. We apologize for any inconvenience such errors may cause you.
E. Limited License. Subject to your strict compliance with these Terms, HIA grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, or play the Content on a personal device, and retain one copy of the Content as it is displayed to you for your personal, non-commercial use only. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Content and may be immediately suspended or terminated for any reason, in HIA’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
F. Reservation of All Rights. All rights not expressly granted to you are reserved by HIA and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Site for any purpose is prohibited.
G. Restrictions and Prohibited Uses. You agree that, except as otherwise authorized, you will not:
Site Use Restrictions
- Use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products);
- Engage in any activities through or in connection with the Site that seek to attempt to or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to HIA;
- Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of the Site by any means whatsoever or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of the Site;
- Engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, HIA, or other users of the Site;
- Interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Site or the Content;
- Harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, without the express consent of such users);
- Attempt to gain unauthorized access to the Site, or other computer systems or networks connected to the Site;
- Use the Site to transmit information that is in any way false, fraudulent, or misleading;
- Otherwise violate these Terms;
With respect to Content use restrictions, you will not:
- Monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
- Frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout);
- Remove any copyright and other intellectual property notices contained in such Content;
- Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of HIA; or
- Insert any code or product to manipulate such Content in any way that adversely affects the Site.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with HIA or cause any other confusion, and (c) the links and the content on your website do not portray HIA or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to HIA. HIA reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
HIA in its sole discretion and without advance notice, may immediately suspend or terminate the availability of the Site and/or Content (and any elements or features of the same), in whole or in part, for any reason and without liability.
H. Availability of Service and Content. HIA may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them), in whole or in part, for any reason, in HIA’s sole discretion, and without advance notice or liability.
I. Rights of Others. In using the Site, you must respect the intellectual property and other rights of HIA and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. HIA respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Site, then please see Procedure for Alleging Copyright Infringement Section 3.A and Procedure for Alleging Infringement of Other Intellectual Property Section 3.B below.
J. Your Interactions with Other Users; Disputes. You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities. If you send any message related to us to your friends, using a tool we provide on the Site or otherwise, you will only do so to the extent you have permission from them to send communications of such nature and you will comply with all applicable law related to such communications, including without limitation disclosing any incentives or consideration you may be receiving from us related thereto.
2. CONTENT YOU SUBMIT AND COMMUNITY USAGE RULES
A. User-Generated Content. HIA may now, or in the future, offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively “User-Generated Content” or “UGC”). You may submit UGC through your profile, HIA Connect, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.
- iv. Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant HIA the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any HIA obligation to obtain consent of any third-party and without creating any obligation or liability of HIA; (b) the UGC is accurate; (c) the UGC does not and, as to HIA’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third-party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
- v. Enforcement. HIA has no obligation to monitor or enforce your intellectual property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at HIA’s cost and expense, to which you hereby consent and irrevocably appoint HIA as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
B. Community Usage Rules. As a user of the Site, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of HIA Connect and other communities (collectively, “Communities”).
- i. Nature of Rules. Your participation in the Communities is subject to all of the Terms and these Rules:
- ii. Your UGC. All of your UGC either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any applicable Additional Terms. Your UGC should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any UGC that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your UGC or has any rights to your UGC, or if anyone appears or is referred to in the UGC, then you must also have their permission to submit such UGC to HIA. (For example, if someone has taken a picture of you and your friend, and you submit that photo to HIA as your UGC, then you must obtain your friend’s and the photographer’s permission to do so.)
- iii. Speaking of Photos: If you choose to submit photos to the Site, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
- iv. Act Appropriately. All of your Site activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your UGC might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Site. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your UGC must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or disability. Your UGC must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. Your UGC must not exploit children under the age of eighteen (18).
- v. Do Not Use for Commercial or Political Purposes. Your UGC must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
- vi. Do Not Use to Solicit or Send Unwanted Communications. Do not harvest or collect email addresses or other contact information of others from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications or otherwise sending commercial electronic messages without the recipient’s consent. Do not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes. This also includes not uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- vii. Do Not Use for Inappropriate Purposes. Your UGC must not promote any infringing, illegal, or other similarly inappropriate activity.
- viii. Be Honest and Do Not Misrepresent Yourself or Your UGC. Do not impersonate any other person, user, or company, and do not submit UGC that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. In the event you receive anything in consideration from us with respect to your UGC (e.g., coupons, sweepstakes entries, etc.) you represent you will include disclosure of the receipt of this consideration clearly and conspicuously as part of the UGC and include any other disclosures we may require.
- ix. Others Can See. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and UGC that you submit on the Site within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on Community spaces and take care when otherwise disclosing this type of information to others.
- x. Don’t Share Other People’s Personal Information. Your UGC should not reveal another person’s address, phone number, email address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by HIA (e.g., an email address to send an email invite to a friend).
- xi. Don’t Damage the Site or Anyone’s Computers or Other Devices. Your UGC must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Site or any computer or other device.
If you submit UGC that HIA reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Site.
C. Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the App, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
D. Appropriate Content and Alerting Us of Violations. We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate. We may include venue and content rules as Additional Terms. If you discover any content that violates these Terms or any applicable Additional Terms, then you may report it by contacting us at firstname.lastname@example.org. For alleged infringements of intellectual property rights, see Section 3.
3. Infringement and Dispute Terms
A. Procedure for Alleging Copyright Infringement
If you are a copyright owner and believe infringing use of your content is on our Site, or you are a User who has received notice that you have posted allegedly copyright infringing content on our Site, see below for more information.
- i. DMCA Notice. HIA asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In HIA’s sole discretion, HIA may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, HIA has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice that includes all of the following:
- a) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
- b) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Site on which the material appears or relevant screenshots);
- d) your full name, address, telephone number, and email address;
- e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
- g) your electronic or physical signature.
- HIA will only respond to DMCA Notices that it receives by mail or email at the addresses below:
- By Mail: Humanity in Action, Attn: Legal, 41 Flatbush Avenue Suite 203, 11217 Brooklyn, NY, USA
- By Email: email@example.com
- For more information call: +1 (212) 828-6874 (ext. 2)
- HIA may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and HIA may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification. Without limiting HIA’s other rights, HIA may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other website owned or operated by HIA.
- ii. Counter-Notification. If access on the Site to a work that you submitted to HIA is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
- (i) a legend or subject line that says: “DMCA Counter-Notification”;
- (ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Site from which the material was removed or access to it disabled or relevant screenshots);
- (iii) a 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 to be removed or disabled;
- (iv) your full name, address, telephone number, email address, and the username of your Account;
- (v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the New York Supreme Court, and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
- (vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
B. Procedure for Alleging Infringement of Other Intellectual Property
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice to the addresses set forth above that includes all of the following:
- (a) a legend or subject line that says: “Intellectual Property Infringement Notice”;
- (b) a description of the intellectual property that you claim has been infringed;
- (c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears or relevant screenshots);
- (d) your full name, address, telephone number, and email address;
- (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
- (f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
- (g) your electronic or physical signature.
We will act on such notices in our sole discretion, as permitted by applicable law. Any user of the Site that fails to respond satisfactorily to HIA with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
4. Third-Party Interactions
A. Third-Party Content and Websites. The Site may display, include, or make available content, data, information, applications, or materials from third parties or provide links to certain third-party content that is not owned, controlled, or operated by HIA. Any interactions, transactions, or other dealings that you engage in with any third parties found on or through the Site are solely between you and the third party.
By using the Site, you acknowledge and agree that HIA is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party services. You hereby agree to indemnify HIA against all claims, injury, and/or damages arising out of your use of any third-party service.
B. Business Transactions. We reserve the right to transfer any information we obtain through the Site in the event of a joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).
5. LIMITATION OF LIABILITY
IN NO EVENT WILL HIA, OR ITS AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, AND/OR EMPLOYEES (COLLECTIVELY, “HIA”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE, TOOL, OR PRODUCT OFFERED THROUGH OR IN CONNECTION WITH THE SITE (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM: (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS, OR SERVICES WE PROVIDE, OR ANY THIRD-PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY, (E) YOUR FAILURE TO KEEP YOUR SITE ACCESS CREDENTIALS SECURE AND CONFIDENTIAL, (F) YOUR ENGAGEMENT WITH OTHER USERS, DURING AND AFTER YOUR USE OF THE SITE, (G) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, OR IN CONNECTION WITH, THE SITE, AND/OR (H) INTERACTION BETWEEN OUR SITE AND ANY THIRD-PARTY SERVICE, BY A TOOL OR SERVICE ON OUR SITE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
As permitted by applicable law, HIA’s total, cumulative liability arising from or in connection with any service provided hereunder will be limited to $1,000.
You hereby waive all rights under California Civil Code Section 1542, or for any other law of similar effect that limits the release of claims, which states as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, HIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH OR OTHERWISE RELATED TO THE SITE OR, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SERVICE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES, MALICIOUS SOFTWARE, OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR PERSONAL INFORMATION MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR OTHER CONTENT TO US AND/OR BY POSTING INFORMATION ON THE SITE NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND HIA OTHER THAN PURSUANT TO THESE TERMS.
You agree to defend, indemnify, and hold harmless HIA from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your UGC; (iii) your use of the Site; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; (vi) any misrepresentation made by you; (vii) or any interaction you have with any other user(s), during or after your use of the Site. HIA reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You will not in any event settle any claim without the prior written consent of HIA and you agree to cooperate with our defense of any such claim.
8. Dispute Resolution
Certain portions of this Section 8 are deemed to be a “written agreement to arbitrate” pursuant to the U.S. Federal Arbitration Act. You and HIA agree that we intend that this Section 8 satisfies the “writing” requirement of the U.S. Federal Arbitration Act. This Section 8 can only be amended by mutual agreement.
A. First – Try to Resolve Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, the Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8.A. Your notice to us must be sent to:
Humanity in Action, Attn: Legal, 41 Flatbush Avenue Suite 203, 11217 Brooklyn, NY, USA
For a period of sixty (60) days from the date of receipt of notice from the other party, HIA and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or HIA to resolve the Dispute on terms with respect to which you and HIA, in each of our sole discretion, are not comfortable.
You may begin an arbitration proceeding by sending an email to firstname.lastname@example.org or sending a letter requesting arbitration to:
- Humanity in Action, Attn: Legal, 41 Flatbush Avenue Suite 203, 11217 Brooklyn, NY, USA
You agree that the arbitration shall be conducted by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of HIA consent to in writing. If an in-person arbitration hearing is required, then for residents of the U.S.A. it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. For residents of countries other than the U.S.A., the arbitration will be held in New York, New York, U.S.A., unless HIA consents to another location. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require HIA to pay a greater portion or all of such fees and costs in order for this Section 8 to be enforceable, then HIA will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply applicable law and the provisions of these Terms and any Additional Terms, will be bound by these Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms or the App.
C. Class Action Waiver. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE JOINED OR CONSOLIDATED WITH ANY OTHER ARBITRATIONS OR OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU AND HIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
HIA may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of HIA.
10. Complete Agreement and Severability
Unless otherwise specified, these Terms constitute the entire agreement between you and HIA. If any part of these Terms is held illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of HIA to act with respect to a breach by you or others does not waive HIA’s right to act with respect to subsequent or similar breaches. HIA’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11. Investigations; Cooperation with Law Enforcement
HIA reserves the right to investigate and prosecute any suspected or actual violations of these Terms. HIA may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
12. International Issues
HIA controls and operates the Site from its U.S.-based offices. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
13. Contact Us
Any questions regarding these Terms may be directed to email@example.com.