Terms of Use
1. Introduction and Acceptance
Welcome to the website of Jennifer's Gift of Hope (hereinafter, "us", "we", or "JGOH").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE JGOH WEBSITE. BY ACCESSING AND/OR USING THE JGOH WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 15 BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE JGOH WEBSITE.
You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the JGOH website and the materials and information available on the same.
In addition to these Terms of Use, JGOH has established a Privacy Policy to explain how user information is collected and used by JGOH. A copy of this Privacy Policy can be found here: http://www.jennifersgiftofhope.org/privacy and is incorporated by reference into these Terms of Use. By accessing the website, you are signifying your acknowledgement and agreement to JGOH's Privacy Policy.
2. Intellectual Property
The JGOH website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Website are owned by us, our licensors, or both. Except as explicitly permitted under this agreement, you shall not acquire any right, title or interest in our Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
3. JGOH Website Access and Use
a) When accessing our Website, including without limitation to the Website Content,
you agree to comply with all applicable federal, state, and local laws including,
without limitation copyright law. Except as expressly permitted in these Terms of
Use, you may not use, reproduce, distribute, create derivative works based upon,
publicly display, publicly perform, publish, transmit, or otherwise exploit Website
Content for any purpose whatsoever without obtaining prior written consent from us
or, in the case of third-
b) Furthermore, except as expressly permitted in these Terms of Use, you may not:
i. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the JGOH Website or Website Content;
ii. circumvent, disable or otherwise interfere with security-
iii. use an automatic device (such as a robot or spider) or manual process to copy or "scrape" our Website or Website Content for any purpose without the express written permission of JGOH. Notwithstanding the foregoing, JGOH grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from our Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. JGOH reserves the right to revoke this permission (generally or specifically) at any time;
iv. collect or harvest any personally identifiable information from our Website including, without limitation, user names, passwords, email addresses;
v. solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
vi. attempt to or interfere with the proper working of our Website or impair, overburden, or disable the same;
vii. decompile, reverse engineer, or disassemble any portion of any our Website;
viii. use network-
ix. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity; or
x. engage in any conduct that restricts or inhibits any other user from using or enjoying our Website.
c) You agree to cooperate fully with JGOH to investigate any suspected or actual activity that is in breach of these Terms of Use.
4. User Content
a. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on our Website (collectively, "submit") messages, templates, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on our Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
b. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
c. You represent, warrant, and covenant that you will not submit any User Content that:
i. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
ii. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
iii. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
iv. is an advertisement for goods or services or a solicitation of funds;
v. includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
vi. contains a formula, instruction, or advice that could cause harm or injury; or
vii. is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Website will not be permitted.
d. By submitting User Content to us, simultaneously with such posting you automatically
grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-
e. By submitting User Content, you also grant us the right, but not the obligation
to use your biographical information including, without limitation, your name and
geographical location in connection with broadcast, print, online, or other use or
publication of your User Content. Notwithstanding the foregoing, you waive any and
all claims you may now or later have in any jurisdiction to so-
f. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
5. Website Content & Third Party Links
a. We provide our Website Content, for the informational and promotional purposes
of JGOH, a non-
b. In some limited instances, Website Content may include content posted by a third-
c. If there is a dispute between persons accessing our Website or between persons accessing our Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release JGOH and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
d. Our Website may contain links to other websites maintained by third parties. We
do not operate or control, in any respect, or necessarily endorse the content found
on these third-
6. Indemnification
You agree to indemnify and hold harmless JGOH and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to our Website; (ii) User Content provided by you; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
7. Disclaimers
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE AND
WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE
FULLEST EXTENT PERMITTED BY LAW, JGOH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS,
PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND
THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES
THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE JGOH
WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-
8. Limitation on Liability
a. UNDER NO CIRCUMSTANCES SHALL JGOH OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS,
PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR
THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES (EVEN IF JGOH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITE OR THESE TERMS
OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE INCLUDING, WITHOUT
LIMITATION, THE WEBSITE CONTENT IS TO STOP USING OUR WEBSITE. SUCH LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE OR ANY LINKS ON OUR WEBSITE,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
IN CONNECTION WITH OUR WEBSITE OR ANY LINKS ON OUR WEBSITE. SUCH LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A
THIRD-
b. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
9. Blocked Access
a. We reserve the right in our sole discretion and at any time to block your access to our Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that JGOH shall not be liable to you or any third party for blocking your access to our Website.
10. Copyright Policy
a. JGOH respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, JGOH may block users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in its sole discretion, JGOH may remove or disable access to material on any of its websites or hosted on its systems that may be infringing or the subject of infringing activity.
b. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). JGOH's Designated Agent is:
Physical Mail:
JGOH
PO Box 108
Maynard, MA 01754
Phone: (978) 897-
Email: jim@jennifersgiftofhope.org
c. If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
v. A statement 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.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
11. Choice of Law
These Terms of Use shall be construed in accordance with the laws of the State of Massachusetts without regard to its conflict of laws rules. Any action arising out of your use of the Website or these Terms and Conditions shall be brought in any state or federal court located in Middlesex County, Massachusetts.
12. Dispute Resolution
In the Dispute Resolution Section only, "we" and "us" are used to refer to you and JGOH together.
a. We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms of Use. We will contact you based on the contact information you have provided us.
b. We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there's no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Terms of Use and can award the same damages and relief, including any attorney's fees authorized by law. The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act ("FAA"), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
i. "Disputes" are any claims or controversies against each other related in any
way to our Website, Website Content or these Terms of Use -
ii. If either of us wants to arbitrate a dispute, we agree to send written notice
to the other providing a description of the dispute, previous efforts to resolve
the dispute, all supporting documents/information, and the proposed resolution. We
will send notice to you based on the contact information you have provided us and
notice to us must be sent to: JGOH, Attn: Legal Department, PO Box 108, Maynard,
MA 01754. We agree to make attempts to resolve the dispute. If we cannot resolve
the dispute within forty-
iii. The FAA applies to this Agreement and arbitration provision. We each agree the FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
iv. The arbitration will be administered by the National Arbitration Forum ("NAF")
under its arbitration rules. If any NAF rule conflicts with these Terms of Use, these
Terms of Use apply. You can obtain procedures, rules, and fee information from the
NAF at 1-
v. The Arbitration will be conducted by a single neutral arbitrator and will take place in Middlesex County, Massachusetts. The federal or state law that applies to these Terms of Use will also apply during the arbitration.
vi. We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the dispute must be brought in court.
vii. We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
c. Either of us may bring qualifying claims in small claims court.
13. No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
14. No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
15. Amendment; Additional Terms
a. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Website generally, unique parts of our Website, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
b. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on our Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and our Website from time to time for any changes or Additional Terms. Your access and use of any our Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, your only recourse is to immediately discontinue use of our Website.
16. Miscellaneous
a. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
b. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
c. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. JGOH may assign these Terms of Use or any rights hereunder without your consent and without notice.
17. Notices
All notices, requests, and communications hereunder shall be in writing, and any such notice, request or other communication shall be deemed to have been given or made when delivered by hand, transmitted by fax and confirmed or, in the case of delivery by mail, when deposited in the mail, certified mail, return receipt requested, postage prepaid, to: JGOH, PO Box 108, Maynard, MA 01754.