Website Terms and Conditions of Use

 

Introduction

Thank you for using the HUGS for Hawaii’s Seriously Ill Children and Their Families website (accessible at www.hugshawaii.org, hereinafter, the “website”). These are the terms and conditions under which you may use the website and any materials, online communications and other information that is or becomes available on the website. By downloading, accessing or using any part of the website you have accessed, you accept and agree to be bound, without limitation or qualification by these terms. If you do not accept any of the terms and conditions stated here, HUGS is not willing to grant you any right to use or access the site and are instructed to exit the website immediately.

Agreement Between You and HUGS

The website is owned and operated by HUGS for Hawaii’s Seriously Ill Children and Their Families, a nonprofit corporation located in Honolulu, Hawaii (hereinafter “HUGS”) and is offered to you conditioned on your acceptance without modification of the terms, conditions, disclaimers and notices contained herein. Use of the content, services and or products presented in any and all areas of this site constitutes your agreement that you will not use the website for any unlawful purposes and that you will abide by the following terms and conditions and those posited in specific areas of the site. This agreement between you and HUGS (hereinafter “Agreement”) is effective until terminated by HUGS, and may be terminated or changed by HUGS at any time without notice.

License to Use Website

Unless otherwise stated, HUGS and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may use and access the website solely for your personal, non-commercial use. All use of the website must be in accordance with the terms and conditions.

You must not:

  • Use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the website or any contents, information, data or materials provided through the website in any manner not expressly permitted by the terms and conditions or the website;
  • Assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the website, or directly or indirectly permit any third party to use or copy the website;
  • Use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the website or in any way reproduce or circumvent the navigational structure or presentation of the website to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the website;
  • Attempt to gain unauthorized access to any portion or feature of the website, including without limitation, the account of any other authorized user or any other systems or networks connected to the website or to any server used by HUGS by hacking, password “mining” or any other illegitimate or prohibited means;
  • Probe, scan, or test the vulnerability of the website or any network connected to the website, or breach the security or authentication measures on the website or any network connected to the website;
  • Reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor of the website.
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or systems or networks of HUGS or networks connected to the website.
  • Use any device, software, or routine to interfere with the proper working of the website or any transaction conducted on the website, or with any other person’s use of the website;
  • Use the website to harvest or collect e-mail addresses or other contact information;
  • Market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the website without the expressed, separate and prior written permission of HUGS;
  • Create an intact reproduction of a page or pages of the website into another website;
  • Use the website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact HUGS.
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • Edit or otherwise modify any material on the website;
  • Post or transmit through the website any material which contains advertising or any solicitation with respect to products or services.
  • Reverse engineer, decompile, disassemble, modify or create works derivative of the website or any materials accessed through the website.
  • Remove any proprietary notices (e.g. copyright and trademark notices) or labels from the website or on any materials accessed through the website.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without HUGS’s expressed written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposed related to marketing without HUGS’s expressed written consent.

Restricted Access

Access to certain areas of this website is restricted. HUGS reserves the right to restrict access to specific areas of this website, or indeed this entire website, at HUGS’s discretion.

If HUGS provides you with a user ID and password (“authorized user credentials”) to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

You agree not to use another person’s authorized user credentials or select authorized user credentials: 1) with the intent to impersonate another person; 2) subject to the rights of another person without authorization; 3) in violation of the intellectual property rights of another person; or 4) that HUGS, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth or other status. You acknowledge and agree that you shall have no ownership or property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of HUGS. Failure to comply with the foregoing shall constitute a breach of the terms and conditions, which may result in immediate suspension or termination of your authorized user credentials. HUGS will not be liable for any loss or damage arising from your failure to comply with these obligations.

HUGS may disable your user ID and password in HUGS’s sole discretion without notice or explanation.

User Content

In terms and conditions, “your user content” means material (including without limitation, text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to HUGS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to HUGS the right to sub-license these rights, and the right to bring an action for infringement to these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or HUGS or a third party (in each case under any applicable law.)

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

HUGS reserves the right to edit or remove any material submitted to this website, or stored on HUGS’s servers, or hosted or published upon this website.

Notwithstanding, HUGS’s rights under these terms and conditions in relation to user content, HUGS does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Links

This website may include links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by HUGS with respect to the linked site or its provider. HUGS expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party websites, or the products and services provided by any third party. HUGS make no representations or warranties with respect to any linked website: Your use of any linked website is solely at your own risk.

No Warranties

YOU EXPRESSLY AGREE THAT USE OF THE HUGS WEBSITE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE WEBSITE IS PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS. TO MAXIMUM EXTENT PERMITTED BY LAW, HUGS AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. HUGS DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT HUGS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY ON YOU.

THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. HUGS MAKES NO REPRESENTATION OR WARRANTIES IN RELATION TO THIS WEBSITE OR THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE.

THE WEBSITE AND INFORMATION CONTAINED HEREIN IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, AND COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATIONS TO ANY LEGAL, FINANCIAL OR MEDICAL MATTERS, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HUGS OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PART FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF HUGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF HUGS AND ITS LICENSORS UNDER THESE TERMS AND CONDITIONS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE WEBSITE.

Accuracy and Changes

While the facts and information on this website are believed to be complete and up-to-date, HUGS reserves the right to modify the information on this website at any time without notice. Any such modification will be effective immediately upon posting and your continued use of this website will mean that you accept these changes.

Monitoring

HUGS has the right, but not the obligation, to monitor the content of the website (including any social or chat forum or tools, services and functions that enable the sharing, display or performance of any material), to determine compliance with these terms and conditions and any operating rules established by HUGS and to satisfy any law, regulation or authorized government request. HUGS has the right and sole discretion to edit, refuse to post or remove any material submitted to or posted on or within the website, including, without limitation, the right to remove any material that HUGS, in its sole discretion, finds to be in violation of the provisions hereof of otherwise objectionable.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnification

You agree to indemnify, defend and hold HUGS and its directors, officers, employees and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the website.

Breaches of These Terms and Conditions

Without prejudice to HUGS’s other rights under these terms and conditions, if you breach these terms and conditions in any way, HUGS may take such action as HUGS deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

HUGS may revise these terms and condition from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

HUGS may transfer, sub-contract or otherwise deal with HUGS’s names and/or obligations under these terms and conditions without notifying you or obtaining your consent.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions constitute the entire agreement between you and HUGS in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

General

These terms and conditions will be governed by and construed in accordance with the laws of the State of Hawaii, as applied to agreements entered into and wholly performed within the State of Hawaii between Hawaii residents. Any action or proceeding brought by either party hereto shall be brought only in a court of competent jurisdiction located in Hawaii and the parties submit to personal jurisdiction of those courts for purposes of any action or proceeding. These terms and conditions shall not be governed by the 1980 U.N. Convention of Contracts for the International Sale of Goods. The terms and conditions constitute the entire understanding and agreement between HUGS and you with respect to the website and any transactions contemplated in these terms and conditions and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of the terms and conditions, all of which are merged in the terms and conditions. You may not modify, amend or alter in any way the terms and conditions. In the event any provision of these terms and conditions is found invalid or unenforceable pursuant to judicial decree, the remainder of the terms and conditions will remain valid and enforceable according to its terms. Any failure by HUGS to strictly enforce any provision of the terms and conditions will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of the terms and conditions. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE VENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SHALL REMAIN IN EFFECT.

 

August 2016