WEBSITE USER AGREEMENT
Effective Date: March 1, 2020
Welcome to the Connect4Hope.com website (the “Site”) that is owned and operated by Connect4Hope, LLC, a Colorado limited liability company (the “Company”).
The following terms and conditions govern your use of the Site. By accessing the Site, you acknowledge and agree that you have read and accepted the terms and conditions of this Website User Agreement (“Agreement”). This Agreement is in addition to, and does not nullify, any other agreement between you and the Company or any other applicable terms and conditions found on the Site. You further agree to comply with all other rules and regulations that are posted on the Site.
B. USE OF SITE.
All use of the Site is subject to the terms of this Agreement. You may access and use the Site solely for lawful purposes. You must be 18 years or older to use the Site. If you are not 18 years of age or older, you may not use this Site. The Company reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Site (or any portion thereof) with or without notice.
D. NO MEDICAL ADVICE.
The information shared on the Company’s website, virtual events, conference calls, social media, email and any other mode of communication is for informational purposes only and is not intended as a substitute for medical professional help, advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care. Nothing on the Company’s website, virtual events, conference calls, social media, email or any other mode of communication is intended as a recommendation or endorsement of any specific tests, products, procedures, companies, opinions, resources or any other information shared via the Company’s communication channels. Any reliance on any information provided by the Company’s personnel, virtual event or conference call guest speakers, others appearing in the Company’s communication channels at the invitation of the Company, and/or other visitors to the website, virtual events, conference calls, social media platforms is solely at the user’s risk. Information on this website is not intended to create any provider-patient relationship.
E. SITE OWNERSHIP; INTELLECTUAL PROPERTY RIGHTS.
The Site is expressly owned and operated by the Company. Unless otherwise noted, the design and content features on the Site, including without limitation, information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof are owned by the Company or its affiliates or are licensed from third-party service providers by the Company. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved.
Unless otherwise provided through any other applicable terms and conditions to which you agree, no portion of the Site may be reprinted, republished, modified, or distributed in any form without the Company’s express written permission. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site or any of the information contained therein.
Certain information may be licensed from third parties and all such third party information and all intellectual property and proprietary rights related to such third party information belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Site or in the original information on any authorized copy you make of the Site or the information contained therein.
You agree not to sell or modify the Site or the information contained therein or reproduce, display, publicly perform, distribute, or otherwise use the Site or the information in any way for any public or commercial purpose in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company or its licensors, that dilutes the strength of Company property or its licensor’s property, or that otherwise infringes on the Company’s or its licensor’s intellectual property rights. You further agree to in no other way misuse the Site or the information contained therein.
Unless otherwise provided through any other applicable terms and conditions to which you agree, any code that the Company creates to generate or display any information or the pages making up the Site is also protected by the Company copyright and other applicable intellectual property or proprietary rights and you may not copy or adapt such code. We reserve any rights not expressly granted by this Agreement or any applicable end-user license agreements.
F. SUSPENSION OR TERMINATION OF USE.
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Site and its services, without notice, in addition to the Company’s other remedies. The Company further reserves the right to terminate, without notice and in its sole discretion, any user’s access to or use of the Site for any reason.
G. NO ENDORSEMENT OF LINKS TO OTHER WEB SITES.
Any links to other websites are provided as merely a convenience to you. This Site or Company advertising or promotional materials may provide links or references to other websites but the Company has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by the Company, we do not operate, control or endorse any information, products or services on the Internet in any way. We do not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this Site, you do so entirely at your own risk.
H. SITE INFORMATION IS PROVIDED “AS IS”.
The Site is provided “as is” with all faults and without any warranties whatsoever. You use the Site and the information contained within, as authorized herein, at your own risk. The Site or information may contain errors, omissions, or typographical errors or may be out of date. The Site or information may change, delete or be updated at any time and without prior notice.
You understand that the Company cannot and does not guarantee or warrant that files, if any, available for downloading from the Site will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, “Hazards”).
I. USER SUBMITTED CONTENT.
Any communication or material you transmit to the website by electronic mail or otherwise, including data, questions, comments, suggestions, or the like, is, and may be treated as, non-confidential and nonproprietary. You hereby grant the Company a perpetual, royalty-free, non-exclusive license in any copyrightable material that you transmit or post to our website. Any such material may be used by the Company for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques in any communication that you send to the website, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. You acknowledge that you are responsible for all information you send to the website. You may not post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, infringes the copyright or other intellectual property right of any third party, invades the privacy of another person or any other information or materials that constitute a crime, gives rise to a civil action or otherwise violate any law or confidentiality agreement. The Company reserves the right to refuse to post any such message, and may take appropriate legal action.
J. USER REPRESENTATIONS AND WARRANTIES.
You hereby represent, warrant, and covenant for the benefit of the Company and its Affiliates that: (1) You have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with any of the services; (3) all information you provide to the Company in connection with this Agreement and your access to the Site and use of the services is correct and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your use of the services and/or the Site and/or decline to permit your continued use of the Site and/or the services and future access to the Site.
K. SECURITY OF SITE.
We maintain commercially reasonable physical, electronic, and procedural safeguards and personnel policies that are designed to guard the Site, our systems and our customers’ personal information. For example, for the security of your online visit to the Site, we may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while the Company strives to protect your personal information, we cannot ensure or warrant the security of any content you transmit to the Company, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.
L. SITE IS FOR USE IN UNITED STATES.
The Site is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of the Site, by visiting the Site, using the Services and/or providing us with any personal, anonymous browsing or non-personal information, or any other Content, you agree to comply with all federal and state U.S. laws governing the Site, the Services, online conduct and acceptable content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
M. DIGITAL MILLENIUM COPYRIGHT ACT; COMPLAINTS
We respect the intellectual property rights of others and require those that visit the Site and use our network to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on our Site or its network that infringes upon the copyright rights of others. We also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our Site or users of our network repeatedly infringe on others’ copyrights, We may in our sole discretion terminate those individuals’ rights to use our Site or network.
If you believe that your work has been used on our Site or network in any manner that constitutes copyright infringement, please notify the Company’s copyright agent by written notice. The notice should include the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
Identification of the location on our Site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
The Company’s copyright agent for notice of claims of copyright infringement on our Site and/or our network can be reached at the following:
5994 South Holly Street, #235
Greenwood Village, CO 80111-4221
N. POLICY REGARDING USE OF TRADEMARKS.
The trademarks, logos, and service marks (“Marks”) displayed on the Site, and related websites belonging to the Company are registered trademarks of their respective owners, are the property of their respective owners, and are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that we sponsor or with which we are otherwise affiliated. Our trademarks may not be used for personal financial gain. Use of the Marks is prohibited without our express written consent except as permitted by applicable laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without our express written consent.
The Company reserves the right, at any time and without notice, to add to, change, update, or modify the Site and this Agreement, simply by posting such addition, change, update, or modification on the Site. Any such addition, change, update, or modification will be effective immediately upon posting on the Site. Your continued use of the Site constitutes your acceptance of these additions, changes, updates or modifications.
P. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
You acknowledge that you are using the site and the services at your own risk. The site, the site information and the services are provided “as is,” and to the full extent permitted by applicable law, the Company, its affiliates, its subsidiaries, and its third-party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, non-infringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. The Company, its affiliates, its subsidiaries, and its third party service providers do not represent or warrant that access to the site, the site information or the services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of site.
The Company, its affiliates, its subsidiaries, and its third-party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this agreement, the provision of services hereunder, the sale or purchase of any products, merchandise and/or services ordered through site, your access to or inability to access the site or its services or the site information, including for viruses alleged to have been obtained from the services, your use of or reliance on the services, the site information or materials available through third-party sites linked to site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
You hereby agree to release the Company, its members, affiliates, subsidiaries and third-party service providers, and each of their respective directors, officers, employees, and agents, as the case may be, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “claims”), arising out of or in any way connected with your use of this site and its services or the site information.
If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”.
You agree to indemnify, defend and hold the Company, its members, affiliates, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees) resulting from (i) Your use, misuse or abuse of the Site or the information contained therein, or (ii) Your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in the Company’s defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of the Company.
R. ENTIRE AGREEMENT.
This Agreement sets forth the entire understanding of the parties and merges and incorporates any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this Agreement. This Agreement may not be modified except as provided for herein.
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement.
T. CHOICE OF LAW, DISPUTE RESOLUTION, CLASS ACTION WAIVER, VENUE, WAIVER OF JURY TRIAL, ETC.
(1) Choice of Law. This Agreement shall be governed by the laws of the State of Colorado, without giving effect to any of its conflict of laws principles or rules.
(2) Pre-Arbitration Claim Resolution. Before initiating any arbitration or other proceeding, you agree to first discuss the matter with Company informally. To do so, please send your full name, address and contact information, a description of your concern and your proposed solution to us via mail at Connect4Hope, LLC, 5994 South Holly Street #235, Greenwood Village, CO 80111-4221. If the Company does not resolve your concern within forty five (45) days after it receives your written notification, then you may pursue your matter in arbitration, only as described in this Section.
(3) Arbitration. You irrevocably agree that any claim, dispute, controversy or cause of action that you may have against Company and its affiliates and/or their respective employees, agents, directors, officers, members, shareholders, attorneys, successors and assigns arising from or relating to this Agreement, access or use of the Site, the delay or inability to use the Site, any information, services, programs, products and materials available on or through the Site, any actions or for any other matter concerning your relationship with us (a “Claim”) shall be resolved through binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association, except as set forth in this Section. All arbitrator awards, orders or decisions are deemed final and binding and may be enforced in any court of competent jurisdiction. Because this Agreement concerns interstate commerce, all Claims and this arbitration agreement will be governed by the Federal Arbitration Act, and not by any state law concerning arbitration. In any arbitration proceeding under this section, subject to the award of the arbitrator, each party shall pay all its own expenses, an equal share of the fees and expenses of the arbitrator, and, if applicable, the fees and expenses of its own appointed arbitrator. The arbitrator(s) shall have the power to award recovery of costs and fees (including reasonable attorney fees, administrative and AAA fees, and arbitrators’ fees) among the parties as the arbitrators determine to be equitable under the circumstances.
(5) Small Claims Court. Instead of using arbitration, you may pursue a Claim in small claims court as long as: (i) the Claim is subject to the rules of small claims court; (ii) the Claim remains in that court, and (iii) the Claim is made solely on your behalf and on an individual basis. If the Claim is transferred or appealed to a different court, we reserve our right to elect arbitration.
(6) Waiver of Class Action. You agree to arbitrate or litigate (if applicable) any claim only in your individual capacity, and not as a representative or member of a class. As such, your claims may not be joined with any other claims and no dispute may be arbitrated or litigated (if applicable) on a class action basis or brought by a purported class representative. Notwithstanding anything to the contrary in this agreement, the parties agree that no class action will be arbitrated.
(7) Venue. You and the Company each irrevocably agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts in Denver County, Colorado for any Claims and further irrevocably agree that all arbitration hearings shall be held in Denver County, Colorado.
(8) Time Limit for Making Claims. Any Claim(s) you might have against Company must be brought within one (1) year after the Claim accrues, or such Claim(s) shall be forever barred.
(9) Waiver of Jury Trial. You irrevocably agree that, to the fullest extent allowed by law, you are waiving the right to a jury trial.