The following terms and conditions (these “Terms of Use”) are entered into between You (“User”) and Hearts United in Giving International, Inc. (“HUG”, “we”, “us”, “our”). These Terms of Use govern your access to and use of heartsunited.gift, including any content, functionality, and services offered on or through heartsunited.gift (the “Website”). By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Statement. If you do not agree to the Terms of Use and Privacy Policy, you may not access or use the Website.

Description of Service

HUG currently provides users access to our online resources (the “Service”). HUG assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you.

Change and Access to the Website

HUG reserves the right to review, improve, amend, or change the Website or the Service at our discretion and without notice. HUG will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

Usage of Content

The Website and its entire contents, features, and functionality (including, but not limited to, text, graphics, logos, button icons, images, and audio clips, as well as the design, selection, and arrangement thereof) are owned by HUG, and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without HUG’ prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the website. The contents of the Website are further protected under United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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The Terms of Use permit User to use the Website for personal and non-commercial activity only. A user may also make a single copy of a reasonable amount of the content displayed on any page, so long as it is not used for further reproduction, publication, or distribution. Any provided desktop, mobile, or other application for download on the Website may be downloaded a single time solely for your own personal and non-commercial use. Any appropriate use of content available from the Website must not remove any trademarks, copyright, or any other notice contained in such content.

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If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will end immediately and you must, at our discretion, return or destroy any copies of the materials you have reproduced. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by HUG. Any use of the Website not expressly permitted by these Terms of Use is a breach of said Terms of Use and may violate copyright, trademark, or other such laws.

If you wish to make any use of material on the Website in a form other than what is set out in this section, please consult our Content Usage Policy.

Linking Information

The HUG permits and encourages hyperlinks and text links to material on the Website provided User does so in a way that is fair, legal, and does not damage or take advantage of the reputation of HUG. The Website may provide certain social media features that enable you to link from your own site to certain resources on the Website, send e-mails or other communications with certain content found on the Website, or allow limited portions of information to be displayed on your own or on certain third-party websites. Any linking must conform with certain practices, including, but not limited to:

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• Any text-only link must clearly be marked, “Hearts United in Giving.”

• 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 HUG name and trademarks.

• 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 HUG is associated with or sponsored by HUG.

• The link, when a user interacts with it, must display this Website full-screen and not within a “frame” of the linked website.

 

HUG reserves, in its sole discretion, the right to revoke its consent for linked material at any time and without notice.

HUG is not responsible for the information or materials contained on a host site to which the Website is linked. Linking to the Website is intended to be for convenience of reference only and is not intended to be used as an endorsement by HUG of either the organization or individual hosting the website, nor as a warranty of any type regarding the hosting website or its contents.

Content Standards

User understands that all information, data, text, photographs, graphics, messages, or other materials (“Content”) present on the Website and publicly viewable is the sole responsibility of the person from which such content originated. HUG does not bear any risk or liabilities for such Content that you personally upload, post, e-mail, transmit, or otherwise affiliate with the Service. Content must, in its entirety, comply with all applicable federal, state, local, and international laws and regulations. You agree that any Content submitted through the Service or on the Website does not:

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• Contain information that infringes on any patent, trademark, trade secret, copyright, or other propriety right of any party.

• Make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that may cause annoyance, inconvenience, embarrassment, alarm, or needless anxiety to any other person.

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Contain any material likely to deceive any person, including giving the false impression that they emanate from or are endorsed by a certain person or entity or an actual impersonation of any person or entity, including, but not limited to, an HUG official, forum leader, guide, or host, or otherwise falsely state or misrepresent your affiliation with a person or entity.

• Advocate, promote, or assist in any illegal activity or unlawful act.

• Contain any information regarding candidates for public office, political parties, or elections of office-holders. Involve commercial activities or sales, such as contests, sweepstakes, promotions, or advertising.

• Contain software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.

• Disrupt or negatively affects a user’s ability to engage in real time exchanges and interactions with the Website or the Service.

• Harvest, collect, and/or store personal data about other users.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain material that could give rise to civil or criminal liability under applicable laws and regulations, or that otherwise conflicts with these Terms of Use and our Privacy Policy.

Social Media Sites 

As part of the Service, the Website may also provide links to officially monitored and curated social media channels that also display HUG Content. User’s use of these linked HUG social media channels is also subject to these Terms of Use, as well as the Terms of Use of the social platform from which you access this Content.

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HUG social media channels are social media locations for community members to connect to and learn about HUG through information, press releases, and pictures and video concerning HUG initiatives and programs. Through these social media accounts, HUG hopes to be able to spread this information in a convenient way and foster open and respectful dialogues related issues and topics.

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HUG reserves all rights relating to the company’s social media channels, including, but not limited to:

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• Adding, removing, or modifying any content;

• Blocking harassing and disruptive users;

• Discontinuing any of our social media channels at any time.

 

HUG does not warrant that the information on these social media channels is complete, reliable, useful, or otherwise accurate. Do not rely solely on the information presented on these social media platforms for medical advice or other HUG programs. Further, HUG does not create nor control any opinions or statements expressed by others within its social media channels, including those that Follow, Like, re-Tweet, re-post, or otherwise share HUG content therein, nor does any similar action undertaken by HUG concerning another user’s content constitute an endorsement of that user.

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The Website may also have links to social media accounts concerning local-area HUG events and programs, but these are not created or operated by HUG staff members, and any Content on these social media accounts are not considered to be endorsed by HUG.

Copyright Infringement

Content available on the Website or through the Service may include material provided by or received from third parties. HUG does not permit the use of content on its websites that infringes on the trademark or copyrights of others and will remove any such content if properly notified of such violation.

Privacy Statement

For information on how we use and collect User information when visiting the Website or using the Service, please see our Privacy Statement. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.

General Practices Regarding Use and Storage

User acknowledges that HUG may establish general practices and limits concerning use of the Website and the Service, including limiting the number of days e-mail messages and other uploaded content is retained by the website, the maximum number of e-mails received by an account, the maximum disk space allotted on servers for an account, and the maximum duration for which an account can be accessed. You acknowledge that HUG has no responsibility or liability concerning the deletion or failure to store any messages maintained or transmitted by the Website servers. You acknowledge HUG has the right to deactivate accounts that are inactive for an extended period of time. 

Endorsements

User acknowledges that the opinions and recommendations contained in the Website are not necessarily those of the HUG or likewise endorsed by HUG. All statements and opinions expressed in these materials, as well as all articles and responses to questions and other content, save content expressly provided by HUG, are solely the opinions and the responsibility of the person or entity providing those materials.

The Website may provide links to other sites which are not under the control of HUG. These links are provided for convenience and reference only and are not intended as an endorsement by HUG. We are not responsible or liable to you or any other third party for the content, usefulness, or accuracy of any material provided by a third party. Any reliance you place on such information is strictly at your own risk.

Disclaimers

User acknowledges that the information in the Website is provided “as is” and for general information only.

Disclaimer of Warranties

THE WEBSITE, AND ALL DATA, INFORMATION, MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE THROUGH THE WEBSITE, ARE PROVIDED “AS IS” OR “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER HUG NOR ANY PERSON ASSOCIATED WITH HUG WARRANTS ANY MATERIAL ON THE WEBSITE WITH RESPECT TO COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY. FURTHERMORE, NEITHER HUG NOR ANY PERSON ASSOCIATED WITH HUG REPRESENTS OR WARRANTS THAT THE WEBSITE AND ITS CONTENT WILL BE AVAILABLE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS AND EXPECTATIONS.

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HUG WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER OR ASSOCIATED COMPUTER EQUIPMENT DUE TO YOUR USE OF THE WEBSITE OR OF ANY SERVICES OR ITEMS OBTAINED OR DOWNLOADED BY USING THE WEBSITE, OR ANY WEBSITE LINKED TO IT. YOU ARE RESPONSIBLE FOR MAINTAINING AND IMPLEMENTING SUFFICIENT SAFEGUARDS TO SATISFY YOUR OWN PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND DATA RECOVERY.

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HUG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PURPOSE, OR ANY WARRANTY THAT THE WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.

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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL HUG, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR VOLUNTEERS BE LIABLE FOR DAMAGES (INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES), OF ANY KIND ARISING OUT OF OR RELATED TO YOUR ACCESS OF, USE OF, OR INABILITY TO ACCESS OR USE, THIS WEBSITE OR OTHER WEBSITES TO WHICH IT LINKS (INCLUDING THIRD-PARTY MATERIALS). THIS INCLUDES, BUT IS NOT LIMITED TO, INFORMATION OR MATERIALS VIEWED OR DOWNLOADED FROM THIS WEBSITE OR ANOTHER LINKED WEBSITE THAT APPEAR TO YOU OR ARE CONSTRUED BY YOU TO BE OBSCENE, OFFENSIVE, DEFAMATORY, OR INFRINGING ON YOUR INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT WILL HUG OR THIRD PARTIES THAT CONTRIBUTE INFORMATION TO THE WEBSITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION OR ACTION TAKEN BY YOU IN RELIANCE OF SUCH INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

User agrees to indemnify, defend, and hold harmless HUG and its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, judgments, damages, expenses, losses, or liabilities arising out of or relating to your violation of the Terms of Use or your use of the Website, including, but not limited to, user submissions and any use of the Website’s material and services outside what has been expressly authorized in the Terms of Use.

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Cookies are not used on this site.

Changes to the Terms of Use

HUG reserves the right, at our discretion, to revise and update the Terms of Use at any time. All changes are effective immediately upon posting, and apply to all access to and use of the Website thereafter. Users are expected to check for updates to the Terms of Use from time to time, and HUG will extend reasonable effort to notify you if such material changes occur. Continued use of the Website following the posting of revised Terms of Use indicates you have accepted and agree to the changes. 

Consent to Electronic Communications

By using the Website or the Service, User agrees to receive electronic communications from us regarding your use of the Website or Service and that any notices, agreements, or other communications that we send to you will satisfy any legal requirements, including that communications must be in writing.

Waiver and Severability

If HUG does not exercise or enforce any particular right set forth in the Terms of Use, HUG does not waive that right. If a court finds any provision of the Terms of Use invalid, then you and HUG agree that the court should attempt to follow the intention of the provision and that all other terms of the Terms of Use will remain in effect.

 

Last Modified: September 08, 2019