Effective as of April 16, 2018
OR RESPOND TO COMMUNICATIONS OR POSTINGS MADE TO THIS WEB SITE.
This Web site is intended and only suitable for individuals aged 17 and above. Some of the content on this Web site may not be appropriate for children. Children under the age of 13 are not permitted to use this Web site. We strongly recommend that children between the ages of 13 and 17 ask for their parent’s or guardian’s permission before viewing our Web site. NuHope hereby disclaims all liability for use by individuals under the age of 17.
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect. Furthermore, by using this Website, you further agree and consent to judicial modification of any such offending term. This Agreement constitutes the entire Agreement between you and NuHope applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement. Anything on the Web site inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.
Information on this Web site does not Constitute Professional Advice
All data, information, text, graphics, links and other material on NuHope’s Web site are provided as a convenience to our site visitors. It is for general informational and educational purposes only. Information provided here is not intended to serve as medical or other professional advice and is not to be used for diagnosis or treatment of any condition or symptom. Information provided on the site does not constitute the provision or practice of medical, nursing or professional health care advice or services. You should consult your physician or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on the information contained on this site or other Web sites linked to or from it.
Participation in Online Communities, Discussion Boards, and Other Forums
NuHope may provide opportunities for you to participate in online communities and may host discussion boards, chats and other forums on the Web site. If you participate in this
If you participate in any NuHope online community, discussion board or other forum, you agree that anything you submit is being provided by you voluntarily, on a non-confidential basis and without any compensation due to you, and you grant NuHope a perpetual, worldwide, royalty-free, transferable and sublicenseable, right and license to use, copy, distribute, modify, create joint and derivative works, your content, postings and content in any form or format. You further agree that (a) You will not post, transmit, or link to any material, web sites, Tagged Content or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech. (b) You may only post, upload or transmit photos or materials for which you have the copyright or other permission to distribute electronically citing the original source. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You agree that any content or materials you post or upload will be owned by you or be in the public domain. (c) You may not intentionally post, create, upload or transmit any software or other material which contains a virus or other harmful code or device. (d) You may not solicit other users, or distribute advertising, for products or services through the Web site, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses for the purpose of sending bulk email or other messages to other users of the Web site. (e) If you choose to submit content or post items in public or “chat” portions of the Web site, such material, information, photographs and other information you post in these public or group areas is available to the other individuals using the Web site and NuHope does not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information for any purpose whatsoever. Always use caution in posting personally identifying information, and never exchange personal financial information, address, phone numbers or other personal information. (f) You will not post any material that violates any law or regulation. (g) You will not impersonate any other person or use the identity of some other living person. (i) Your postings will truthfully reflect your own experience.
NuHope may terminate or restrict your access to any NuHope online community, including access through the Web site.
Selection and Removal of Content
We have no obligation to monitor any related Web sites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the Web site or related Web sites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Web site, discussion boards, the chats and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Web site properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.
Registering or Creating an Account
This Web site may permit you to “register,” “create an account,” sign-up to submit Tagged Content, or take similar actions. When and if you take such actions, you agree
to: (a) provide true, accurate, complete, and current information (such information being the “Registration Data” and (b) maintain and promptly update the Registration Data to
keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve
may cause confusion, or for any other reason as determined by us in our sole discretion. You agree not to transfer or resell your use of or access to the Web site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately emailing us at email@example.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, AND FOR ANY AND ALL ACTIVITIES, WHETHER BY YOU OR ANYONE ELSE (INCLUDING WITHOUT LIMITATION PURCHASES), THAT ARE CONDUCTED THROUGH YOUR USERNAME AND PASSWORD.
BY VISITING THIS WEB SITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NUHOPE, AND ANY AFFILIATED NUHOPE ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “NUHOPE PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS AND SETTLEMENT, INCLUDING, WITHOUT LIMITATION, FROM ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED NUHOPE OF THE POSSIBILITY OF SUCH CLAIM. THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE AND ANY OF ITS SERVICE IS TO STOP USING THE WEB SITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF THE NUHOPE PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS ON THIS WEB SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Web site, you agree to inform us in writing and to give us thirty (30) days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
This Web site is owned and operated by NuHope. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Web site and materials contained on the Web site are either owned by NuHope, are licensed to it, or are used with permission. NuHope and its licensors retain and reserve all proprietary rights to the contents of this Web site.
You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from NuHope. You may link to, view, download, use, display and print a single copy of the materials found on this Web site only for personal, noncommercial and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with NuHope or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright ©[Current year] NuHope Foundation. All rights reserved.” Any other use of the Web site or the information contained here is strictly prohibited. NuHope may terminate the above license at any time for any reason. If you breach any of these Terms your license
terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all
copies, including electronic copies, of the content in your possession or control.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their
rights under copyright law. If you believe in good faith that content or material on this Web site infringes a valid copyright owned by you, you (or your agent) may send NuHope a notice requesting that the material be removed, or access to it blocked. This request should be sent to: firstname.lastname@example.org or to:19026 Ridgwood Park, Suite 311, San Antonio TX 78258.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter- notices with respect to the Web site should be sent to the address above.
NuHope names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of NuHope. All rights are reserved. You are not authorized to use any NuHope name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of NuHope. All other trademarks appearing on the Web site are the property of their respective owners.
NuHope is not responsible for the content of any products other than those specifically published by NuHope and does not guarantee that any product is currently available, merchantable, or suitable to a particular purpose.
Certain books, products, services, or other items may be advertised or offered for sale on or in conjunction with the Web site. If you wish to purchase an item, you may be asked by NuHope or an applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide NuHope or such third party with information that is truthful, accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. NuHope is not responsible for any errors in shipping information provided by you or for a non-secure ship-to location. You are responsible for all activity by and charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes. Any pricing of items is subject to change without notice, and any order is not deemed accepted by us until we ship or deliver the product(s) to you. We may correct at any time, including after shipment, pricing or similar errors, including but not limited to typos or outdated pricing. We reserve the right, without prior notification, to change the descriptions, images or listings of, or links or references to, products and/or services on the Web site
(collectively, “Product Offerings”), or to limit the order quantity on any product or service and/or refuse service to you.
NuHope’s online Event Calendar may at some point provide a listing of NuHope- sponsored meetings, gatherings and seminars targeted to both professional and lay audiences. NuHope does not guarantee access to any event and reserves the right to cancel any event at any time for any reason. Notice of event cancellations will be posted on the Event Calendar. Whereas NuHope will attempt to send notices of event cancellations to online registrants by sending email to the address provided upon registration, it is each registrant’s responsibility to confirm that a specific event is going forward.
Certain events require payment of admission or other fee to attend. If payment for such an event has been received and the event is subsequently canceled, NuHope will return payment.
Jurisdiction and Venue
Information provided on NuHope’s Web site is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction. This Web site is a service provided by NuHope and does not constitute any contact with any jurisdiction outside the State of Minnesota. Use of this Web site is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Web site illegal. Users in such jurisdictions visit and use this Web site entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions and the warranty disclaimers.
This Agreement is entered into and performed in the State of Texas, United States of America. It is governed by and shall be construed under the laws of Texas, exclusive of
any choice of law or conflict of laws provisions. Except as set forth in the Arbitration; Prohibition on Class Actions section below, in any claim or action directly or indirectly
arising under this Agreement or related to the Web site, each party irrevocably submits to the exclusive personal jurisdiction of the Texas State District Court sitting in Bexar
County, Texas or of the United States Court for the Western District of Texas – San Antonio Division. Each party waives any jurisdictional, venue or inconvenient forum
objections to these courts. This Web site is intended for a United States audience. If you live outside the U.S. you may see information not approved and/or available in your
Arbitration; Prohibition on Class Actions
Any dispute, claim or controversy arising out of or relating to the Web site or this Agreement or the breach, termination, enforcement, interpretation or validity thereof,
including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Antonio, Texas before three arbitrator(s). The
arbitration shall be confidential, final, binding, and administered by American Arbitration Association pursuant to its then-current rules and procedures. Any decision or award as
a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of
costs, expenses, and reasonable attorneys' fees. Judgment on the award may be entered and enforced in any court having jurisdiction. In the event a party fails to proceed with arbitration, unsuccessfully challenges the award, or fails to comply with the award, the other party is entitled of costs of suit including a reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award. The parties agree to arbitrate solely on an individual basis, and not part of any collective arbitration. The parties agree that any claims arising under or related to this Agreement, the Web site, or the relationship between the parties shall be brought on an individual basis as described above, and neither party shall participate in any class or collective action. In the event any portion of this Agreement is deemed invalid or unenforceable, then such section is deemed severed and then the remaining portions will remain in full force and effect.
Requests for Information
If you contact NuHope and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree
While we take reasonable measures to protect the confidentiality of your information, no one can give absolute assurance that all information will remain secure. Under certain
circumstances, it is possible that third parties may be able to intrude on the server and view your information. NuHope is not responsible for illegal actions of third parties. By
submitting information to NuHope, you agree that you are aware of these risks. If you do not wish to submit your information electronically, please telephone us at 833-210- 4673
or mail a letter request to the following address: 19026 Ridgwood Park, Suite 311, San Antonio TX 78258
Links to Other Web sites
NuHope may provide links to other Web sites that provide information or services which may be of help to you. NuHope provides these links for your convenience only. It is not
responsible for the content of these sites or the programs, agencies, or businesses they describe. NuHope does not guarantee that these sites will meet your particular purposes.
Downloadable Files and Email
NuHope cannot and does not guarantee or warrant that email or files available for downloading from its Web site will be free of viruses or other code that may contaminate
or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining
a data back-up or other means for the reconstruction of any lost data. NuHope does not assume any responsibility or risk for damage to your computer or its files related to your
use of the Web site.
You may not assign any rights or obligations under this Agreement without NuHope’s prior written consent. NuHope may assign all or part of this Agreement by providing notice to you.
You agree that any use of this site that is not explicitly authorized is a breach of contract, unauthorized access of a protected computer, and violation of NuHope’s intellectual property rights including copyright rights, in addition to any and all other claims NuHope may have against you.
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of
liability clauses, shall survive. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
You may contact NuHope at email@example.com, 833-210- 4673, and 19026 Ridgwood Park, Suite 311, San Antonio TX 78258
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.