These Terms and Conditions, together with the Privacy Policy, constitute the entire and exclusive agreement between us with respect to their subject matter, and govern your use of the Website, superseding any prior agreements or negotiations between us with respect to that subject matter. Our failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found to be invalid, you nevertheless agree the court of applicable jurisdiction should endeavor to give effect to our intentions as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect.
MISCELLANEOUS
To resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at:
Email: hugsforhopefoundation@gmail.com
Mail: 4436 Ashfield Terrace, Syracuse, NY 13215
Phone: 917-597-1433
CONTACT US
When you use the Website or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the Website. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to opt-out of receiving communications from us, please follow the procedures described in our Privacy Notice.
ELECTRONIC COMMUNICATIONS NOTICE
These Terms and Conditions shall be governed by the laws of the state of New York without regard to its rules on conflicts or choice of law. You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms and Conditions, the Website, or any Content, or any other aspect of the Website will reside in the State Courts of Onondaga County, New York, and its corresponding Federal Courts.
We control and operate the Website from our offices within the United States, and the Website is intended for use within the United States. The Website is not intended to subject us to the laws or jurisdictions of nay state, country, or territory other than the United States. If you choose to access the Website from another location, you do so on your own initiative and are responsible with all applicable local laws.
APPLICABLE LAW
THE WEBSITE AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE SITE AND CONTENT IS ENTIRELY AT YOUR SOLE RISK.
HUGS FOR HOPE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITE, ANY CONTENT, AND ANY THIRD PARTY SERVICES. HUGS FOR HOPE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR ANY OTHER INFORMATION ACCESSIBLE ON THE WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. HUGS FOR HOPE DOES NOT REPRESENT OR WARRANT THAT ANY PART OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HUGS FOR HOPE DOES NOT REPRESENT OR WARRANT THE USE OR THE RESULTS OF THE USE OF THE SITE OR CONTENT OF A CERTAIN QUALITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. HUGS FOR HOPE DISCLAIMS ALL EQUITABLE INDEMNITIES.
IN NO EVENT SHALL HUGS FOR HOPE OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS. THIS LIMITATION APPLIES WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THE WEBSITE.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
If you wish to link to any of the Website, you may only do so by including an active link on any website you control directing a browser to the applicable page of the Website, provided that you must remove the link at any time upon our request. You may not link to or otherwise provide access to the Website in any way that: (a) alters the look, feel, or functionality of any aspect of the Website or (b) in any way that disparages us, the Website, or any of our products or services or that could injure the reputation or goodwill of us or any of our products or services.
LINKING TO THE WEBSITE
We reserve the right, but not the obligation, to: (1) monitor the Website for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, refuse, restrict access to, limit the availability of, modify, remove, discontinue or disable (to the extent technologically feasible) the Website, any functionality on the Website, any Content, or any portion thereof; and (4) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
WEBSITE MANAGEMENT
By using the Website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms and Conditions; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Website for any illegal or unauthorized purpose; (5) you will not interfere with or disrupt the operation of the Website or servers providing the Website; and (6) your use of the Website will not violate any applicable law or regulation or any intellectual property rights of ours or any third party.
USER REPRESENTATIONS
Unless otherwise indicated, the Website and all functionality, software, designs, logos, code, data, databases, audio, video, text, papers, photographs, graphics, content, and other material on the Website (collectively, the “Content”) are owned by Hugs for Hope. The Content is provided on the Website “AS IS” for your information and for your personal, non-commercial use only.
Except as expressly provided in these Terms and Condition, no part of the Website and no Content may be used, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any other purpose without our express prior written permission. You must abide by all rights notices, information, or other restrictions contained in or attached to any Content and must not remove any trademark, copyright, or other notice from any Content. We reserve all rights in the Website and the Content that is not expressly granted to you in these Terms and Conditions.
INTELLECTUAL PROPERTY RIGHTS
You agree that we may use any information we obtain about you in accordance with our Privacy Policy. These Terms and Conditions incorporate by reference the Privacy Policy.
PRIVACY
Please review these Terms and Conditions carefully. These Terms and Conditions are a binding agreement between you and Hugs for Hope, Inc. (“Hugs for Hope,” “we,” “us,” or “our”) and govern your use of the website located at HUGSFORHOPEFOUNDATION.com] (the “Website”). By accessing, browsing, or using the Website, you acknowledge that you have read, understand and agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions in general or any part of it, you may not use the Website.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. If we make material changes, we will provide you with notice through the Website or through other means, such as email. Your continued use of the Website following our posting or emailing of a notice of a change or modification constitutes your binding acceptance of such change or modification.
AGREEMENT TO TERMS
Last updated July 20th, 2022