This World Wide Web site located at http://www.hopeforhh.org/ (“Site”) is offered by Hope for Hypothalamic Hamartomas (“Hope for HH,” “we,” “us,” or “our”) to you (“you,” “your,” and “user”) for your personal use and information. The Site contains information including without limitation data, text, photographs, graphics, messages, other materials, or materials submitted by other users (“Content”) in order to provide information, support, and resources related to hypothalamic hamartomas.
The following terms and conditions (“Terms and Conditions”) govern your access and use of the Site.
2. Medical Disclaimer
The Site and Content are for informational purposes only, and you assume full responsibility and risk for the appropriate use of information contained herein. Do not make any changes as a result of the Site and/or Content including without limitation in your medication, medical care, treatment, or lifestyle without consulting your physician. This Site and Content are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should seek the advice of a medical professional or other qualified healthcare provider with any questions you may have regarding any medical condition, and before beginning any exercise or health program. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. If you think you may have a medical emergency, call your doctor or 911 immediately.
3. Disclaimer of Warranty and Liability
This Site, the Content, and the information and services offered at the Site are offered “as is,” with no warranties whatsoever. All express, implied, and statutory warranties, including without limitation the warranties of merchantability, custom, usage, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed. You expressly understand and agree that Hope for HH expressly disclaims any and all warranties concerning the Content and the Site, including without limitation the accuracy, security, reliability, timeliness, substance, completeness, legality, performance, or availability of the Content and the Site. Hope for HH disclaims any and all warranties for other services, goods, information or advice received or promoted through the Site or through any links provided.
Hope for HH disclaims any and all responsibility and liability for the Content and the Site. You expressly understand and agree that Hope for HH expressly disclaims any and all responsibility and liability concerning the Content and the Site, including without limitation the accuracy, security, reliability, timeliness, substance, completeness, legality, performance, or availability of the Content and the Site. Hope for HH disclaims any and all responsibility and liability for other services, goods, information or advice received or promoted through the Site or through any links provided. Further, Hope for HH disclaims any responsibility and liability for, without limitation, the deletion, failure to store, misdelivery, or untimely delivery of any information or materials, or for any harm resulting from accessing or using the Content or the Site, including without limitation harm caused by viruses, time bombs, Trojan horses, spyware, traps, or similar contaminating or destructive features. You expressly understand and agree that accessing or using the Content or the Site is done at your own discretion and sole risk and that you will be solely liable for any damages or loss that results from your access to or use of the Content or the Site.
You agree to defend, indemnify, and hold harmless Hope for HH from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your access or use of the Content or the Site and any breach by you of these Terms and Conditions.
5. Links to Other Sites
This Site may contain links to other Internet sites, extranet sites, or sites on other networks for the convenience of users in locating information and services that may be of interest. Users to the Site acknowledge that these are third-party sites maintained by persons or organizations over which Hope for HH exercises no control, and Hope for HH expressly disclaims any responsibility or liability for the substance, the accuracy of the substance and/or quality of products or services provided by or advertised on these third-party sites. Hope for HH does not control, endorse, promote, or have any affiliation with any other site unless expressly stated on this Site.
6. Proprietary Rights
All Content and this Site are protected by law, including without limitation United States copyright law. Hope for HH also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of the Content. You may not modify or create derivative works based upon the Content. All trademarks, service marks or other logos featured on the Site are protected by law. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law.
7. Children’s Online Privacy Protection Act of 1998 (“COPPA”) Compliance
8. Governing Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Arizona, without reference to its choice of law rules. By accessing or otherwise using this Site, you consent to the jurisdiction of the federal and state courts presiding in Phoenix, Arizona, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Hope for HH from its offices within the United States. Hope for HH makes no representation that Content is appropriate or available in other locations, and access or use of Content from territories where the Content is illegal is prohibited. Those who choose to access or use this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
9. Access or Use of the Site, Including Without Limitation the Forum
This Site also allows participation in a public forum that we make available to our users (“Forum”). You understand that all Content publicly posted is the sole responsibility of the person from which such Content originated. This means that you, and not Hope for HH, bear all risks and liabilities for all Content that you upload, post, email, transmit or otherwise make available via the Site. Although we will attempt to keep all objectionable messages off this, it is impossible for us to review all messages. All messages express the views of the author, and neither Hope for HH, nor its licensors will be held responsible for the substance of any message. Hope for HH reserves the right to remove, edit, move or close any item for any reason.
You agree to not access or use the Site, including without limitation the Forum, to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
- harm any person in any way;
- impersonate any person or entity including without limitation a Hope for HH official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to the Site;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- pload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Site or servers or networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “stalk” or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.
These Terms and Conditions constitute the entire agreement between you and Hope for HH with respect to your access and use of the Site. If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Site, Hope for HH has relied on your agreement to be legally bound by these Terms and Conditions. Hope for HH reserves the right to terminate your access to and use of the Site in the event that you violate these Terms and Conditions, or for any reason whatever.