TERMS OF USE
Effective Date: September 2, 2019
To review material modifications and their
effective dates scroll to the bottom of the page.
1.Parties. The parties to these Terms of Use are
you, and the owner of this https://www.hopeservicesinc.net website business,
Hope Services, Inc (“HSI”). All references to “we”,
“us”, “our”, this “website” or this
“site” shall be construed to mean this website business and HSI.
2.Use And Restrictions. Subject to these Terms of
Use and our Privacy Policy, you may use the public areas of this site, but only
for your own internal purposes. You agree not to access (or attempt to access)
this site by any means other than through the interface we provide, unless you
have been specifically allowed to do so in a separate agreement. You agree not
to access (or attempt to access) this site through any automated means
(including use of scripts or web crawlers), and you agree to comply with the
instructions set out in any robots.txt file present on this site. You are not
authorized to (i) resell, sublicense, transfer, assign, or distribute the site,
its services or content; (ii) modify or make derivative works based on the
site, its services or content; or (iii) “frame” or “mirror”
the site, its services or content on any other server or Internet-enabled device.
All rights not expressly granted in this Agreement are reserved by us and our
licensors.
3.Modification. We reserve the right to modify
these Terms of Use at any time, and without prior notice, by posting an amended
Terms of Use that is always accessible through the Terms of Use link on this
site’s home page. You should scroll to the bottom of this page periodically to
review material modifications and their effective dates. YOUR CONTINUED USE OF
THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON
THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS
OF USE.
4.Monitoring. We reserve the right, but not the
obligation, to monitor your access and use of this site without notification to
you. We may record or log your use in a manner as set out in our Privacy Policy
that is accessible though the Privacy Policy link on this site’s home page.
5.Separate Agreements. You may acquire products,
services and/or content from this site. We reserve the right to require that
you agree to separate agreements as a condition of your use and/or purchase of
such products, services and/or content.
6.Ownership. The material provided on this site is
protected by law, including, but not limited to, United States copyright law
and international treaties. The copyrights and other intellectual property in
the content of this site is owned by us and/or others. Except for the limited
rights granted herein, all other rights are reserved.
7.Limitation of Liability. IN NO EVENT SHALL THIS
SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT,
PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY
TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC
ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS
PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR
OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.Links to This Site. We grant to you a limited,
revocable, and nonexclusive right to create a hyperlink to this site provided
that the link does not portray us or our products or services in a false,
misleading, derogatory, or offensive matter. You may not use any logo, trademark,
or tradename that may be displayed on this site or other proprietary graphic
image in the link without our prior written consent.
9.Links to Third Party Websites. We do not review
or control third party websites that link to or from this site, and we are not
responsible for their content, and do not represent that their content is
accurate or appropriate. Your use of any third party site is on your own
initiative and at your own risk, and may be subject to the other sites’ terms
of use and privacy policy.
10.Participation In Promotions of Advertisers. You
may enter into correspondence with or participate in promotions of advertisers
promoting their products, services or content on this site. Any such
correspondence or participation, including the delivery of and the payment for
products, services or content, are solely between you and each such advertiser.
11.Arbitration. Except for actions to protect
intellectual property rights and to enforce an arbitrator’s decision hereunder,
all disputes, controversies, or claims arising out of or relating to this
Agreement or a breach thereof shall be submitted to and finally resolved by
arbitration under the rules of the American Arbitration Association
(“AAA”) then in effect. There shall be one arbitrator, and such
arbitrator shall be chosen by mutual agreement of the parties in accordance
with AAA rules. The arbitration shall take place in Nashville, Tennessee, USA,
and may be conducted by telephone or online. The arbitrator shall apply the
laws of the State of Tennessee, USA to all issues in dispute. The controversy
or claim shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any other
party. The findings of the arbitrator shall be final and binding on the
parties, and may be entered in any court of competent jurisdiction for
enforcement. Enforcements of any award or judgment shall be governed by the
United Nations Convention on the Recognition and Enforcement of Foreign
Arbitral Awards. Should either party file an action contrary to this provision,
the other party may recover attorney’s fees and costs up to $1000.00.
12.Jurisdiction And Venue. The courts of Davidson
County in the State of Tennessee, USA and the nearest U.S. District Court in
the State of Tennessee shall be the exclusive jurisdiction and venue for all
legal proceedings that are not arbitrated under these Terms of Use.
13.Controlling Law. This Agreement shall be
construed under the laws of the State of Tennessee, USA, excluding rules
regarding conflicts of law. The application the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.
14.Severability. If any provision of these terms
is declared invalid or unenforceable, such provision shall be deemed modified
to the extent necessary and possible to render it valid and enforceable. In any
event, the unenforceability or invalidity of any provision shall not affect any
other provision of these terms, and these terms shall continue in full force
and effect, and be construed and enforced, as if such provision had not been
included, or had been modified as above provided, as the case may be.
15.Force Majeure. We shall not be liable for
damages for any delay or failure of delivery arising out of causes beyond our
reasonable control and without our fault or negligence, including, but not
limited to, Acts of God, acts of civil or military authority, fires, riots,
wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
16.Privacy. Please review this site’s Privacy
Policy which also governs your visit to this site. Our Privacy Policy is always
accessible on our site’s home page.
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>>Material Modifications<< Since
September 2, 2019: none.