This document is Harboring Hearts’ Terms of Service Agreement, and is a legal agreement between you and Harboring Hearts Housing Foundation, Inc. Sometimes Harboring Hearts is referred to as “we,” “us,” or “our.” These Terms of Service apply to all services, products, and websites, including www.HarboringHearts.org, offered by Harboring Hearts. We urge you to read it carefully.
Harboring Hearts is an organization that seeks to provide affordable, temporary housing for cardiac patients and their caregivers during the time surrounding cardiac medical procedures. Harboring Hearts serves as an intermediary between cardiac patients, their family, housing providers, and the program’s financial supporters. Your use of Harboring Hearts’ services and use of this website constitute your agreement to the following Terms of Service.
Intellectual Property Rights means all intellectual property rights of any kind or nature however denominated throughout the world, including without limitation all copyrights, patents, patent applications, trade secrets, inventions, proprietary know-how, registered and unregistered trademarks, service marks, and trade names, rights of privacy and publicity, moral rights, and database rights.
Content means all features and information included on Harboring Hearts’ website, including, without limitation, text, software, scripts, graphics, photographs, sounds, music, videos, and interactive features.
As between you and Harboring Hearts, the website Content and all Intellectual Property Rights for www.HarboringHearts.org and any other website owned, operated, licensed, or controlled by Harboring Hearts is owned by Harboring Hearts. You must not distribute, modify, reverse engineer, or create derivative works of any Content in any manner not expressly permitted by these Terms of Service, and you must not remove or modify any copyright or trademark notice or other notice of ownership. Harboring Hearts grants you permission to download, print, and store Content retrieved through the website for your own personal non-commercial use. As between you and Harboring Hearts, Harboring Hearts retains exclusive ownership of the Content and the ideas embodied therein, and if, as a user, you make any modification of the Content in violation of these Terms of Service you will, and hereby do, assign to Harboring Hearts all of your rights, title, and interest in and to such modifications and all Intellectual Property Rights therein.
All rights not explicitly granted to you in these Terms of Service will remain with Harboring Hearts. Unless explicitly stated herein, nothing in these Terms of Service will be construed as conferring any license to any Intellectual Property Rights of Harboring Hearts, whether by estoppel, implication, or otherwise.
Copyright © 2010 Harboring Hearts Housing Foundation, Inc. We or our Content providers own all website content, including text, logos, customized graphics, images, photographs, music, data, audio clips, video clips, algorithms, and software. This property is protected by U.S. and international copyright laws. In addition, the manner in which we compile, arrange, and present Content on our website is protected by worldwide copyright laws and treaty provisions.
The Harboring Hearts logo and stylized text, depicted below, are service marks that belong to Harboring Hearts or its affiliates.
It may not be used in connection with any third party products or services without our written permission. All other brands and names are the property of their respective owners.
User-Generated Content is Content that is created by users of the Harboring Hearts website.
Harboring Hearts’ Public Forums are webpages that allow users to communicate with each other by posting comments containing text or other User-Generated Content.
Harboring Hearts is not obligated to prescreen User-Generated Content or comments posted on Public Forums. We retain the right, but not the responsibility, to edit or remove any User-Generated Content or Public Forum posts or terminate your account for any reason at our sole discretion. If you view or participate in a Public Forum, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications accessed there. Harboring Hearts is not responsible for the consequences of any communication that takes place in a Public Forum. If you feel threatened or believe another individual is in danger, you should contact your local law enforcement agency. If you think you may have a medical emergency, please contact your doctor or call 911 immediately.
Feedback shall not be regarded as confidential. We have no obligation of any kind with respect to any such Feedback that you provide to us. We shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any such Feedback without limitation, and to use any ideas, concepts, know-how, data or techniques contained in your Feedback for any purpose whatsoever, including, but not limited to, developing, advertising, manufacturing, and marketing products or services that incorporate such Feedback. By submitting Feedback or any other Content to our website, you acknowledge and agree that you have no expectation of compensation or confidentiality of any nature and that Harboring Hearts has no duties to you with respect to such Feedback.
Research and Conduct
You agree to use Harboring Heart’s website and its content solely in accordance with these Terms of Service. By using this website, you are confirming that you have read and understand, and agree to be bound by, the Terms of Service. If you do not agree to the Terms of Service, you may not use our website.
Harboring Hearts makes our website available to you solely for personal, non-commercial use, and you agree not to use this website or any Content or information from this website for commercial purpose.
You agree not to conduct automated queries of any kind, or use scripts or software to access our website. You agree not to modify Harboring Heart’s services in any way and only to access the services through the interfaces and tools provided.
Rules of Behavior
In consideration of being allowed to use the Harboring Hearts website, you agree to refrain from certain behaviors. Taking any of the following actions shall constitute a material breach of these Term of Service:
- Using the information on our website or the Public Forums to engage in activities that would violate any fiduciary relationship, any applicable local, state, national, and international law, or any governmental regulations.
- Posting material that infringes on the Intellectual Property Rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, or embarrassing to another person or entity;
- Using a Public Forum to advertise or solicit business, post chain letters or pyramid schemes, or distribute viruses or other harmful computer code;
- Impersonating another individual by using his or her full name or username or intentionally adopting a username that is deceivingly similar to another individual’s full name or username;
- Harvesting or collecting information about other registered users, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your account or username to post or view Public Forum comments;
- Posting the same comment more than once, or “spamming”;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Forums or any services or features of the website; or
- Engaging in any conduct not specified above which, in the judgment of Harboring Hearts, exposes Harboring Hearts or any of its customers or suppliers to any liability or detriment of any type.
Harboring Hearts is not obligated, but reserves the right, to do any or all of the following:
- Electronically record or save any or all dialogue that takes place in Public Forums;
- Investigate an allegation that a particular communication does not conform to the terms of this section and determine in our sole discretion to remove or request the removal of the communication;
- Remove communications that are abusive, illegal, disruptive, or otherwise fail to conform with these Terms of Service;
- Terminate users’ access to any or all Public Forums or webpages upon their breach of any of these Terms of Service;
- Monitor, edit, or disclose any comments posted in a Public Forum; or
- Edit or delete any communications posted on the website’s Public Forums, regardless of whether such communications violate these Terms of Service.
Some of the features and services Harboring Hearts offers may be structured to allow access only to registered visitors with a valid username and password.
When you join Harboring Hearts as a registered user, you are required to establish a personal account with your own unique username and password. You agree to maintain the security of your username, password, and other confidential information relating to the use of your Harboring Hearts account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Harboring Hearts passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of your username and password; (2) control access to and use of your account and password; (3) promptly inform us of any need to deactivate an account or password. You grant Harboring Hearts and all other persons or entities involved in the operation of our website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the website. We do not assume any responsibility or liability for any information you submit or your or third parties’ use or misuse of information transmitted or received using our website or services.
Our website contains links to webpages that are not operated by Harboring Hearts. We also use outside websites and internet services to help us communicate with people, organize events, and collect donations. For example, we use Facebook, YouTube, and Twitter to communicate with people who may be interested in Harboring Hearts; and NYCharities.org and GoodSearch to help us collect donations.
If you visit a website that is not operated by Harboring Hearts, you use that website at your own risk. All content accessed via links to outside websites belongs to the respective owners of those websites and is governed by the policies and terms of those websites. Harboring Hearts is not liable for the availability or accuracy of the content of those third-party resources, and hereby disclaims any and all liability relating to such websites.
Links to the Harboring Hearts Website
You are welcome to provide a link on your website to www.HarboringHearts.org. Unless you are referring to a specific document on the website, we recommend that your links direct users to the homepage of our website to prevent linking to outdated pages or materials. Our Content changes constantly, and we cannot guarantee that all links will remain permanently active.
You may not incorporate our logo as part of a hyperlink on your website without our written permission. You may not frame our Content or employ any other method that causes the Content to appear to be part of your website or part of any website or service other than Harboring Hearts without our permission. Do not link to Harboring Hearts from any website that engages in illegal, obscene, or offensive behavior or includes any such content, or from any website that disparages us or may have a negative impact on our reputation. We reserve the right to require that you discontinue any links you maintain to our website at any time, in which case you must immediately remove the link(s) from your website.
If you provide a link to any Harboring Hearts website, you acknowledge that we disclaim all express and implied warranties regarding www.HarboringHearts.org and its Content, including but not limited to warranties of title and non-infringement or warranties that arise from course of dealing, and agree that in no event shall Harboring Hearts be liable to you under any theory of liability, including for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages based upon or relating to your linking to any Harboring Hearts website.
Our website and services are designed for and intended for users in the United States. Harboring Hearts makes no representation that the Content is appropriate or available for use in locations outside of the United States. Accessing the website is prohibited from territories where such Content is illegal. If you access our websites from any location outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You agree to indemnify and hold each of Harboring Hearts and an agent appointed by Harboring Hearts to pursue and enforce its rights and to undertake and fulfill its obligations under these Terms of Service and their respective affiliates and the respective directors, officers, employees, successors and agents of Harboring Hearts and Agent and their respective affiliates harmless from and against any and all liabilities, damages, demands, claims, causes of action, fines, or penalties (including, without limitation, court costs and reasonable attorneys’ fees) arising out of or related to (1) your failure to fulfill any of your obligations under these Terms of Service, (2) any Content you submit, post, contribute, or otherwise transmit through the website, or (3) your (or anyone using your account’s) violation of the rights of any other person or entity, including without limitation any right of publicity or privacy or any Intellectual Property Right.
Disclaimer of Warrantees
TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, THE CONTENT OF THE WEBSITE, THE SERVICES PROVIDED, AND THE SERVERS THAT MAKE IT AVAILABLE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. HARBORING HEARTS EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES, INCLUDING HARDWARE OR SOFTWARE FAILURES; INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS; TECHNICAL INACCURACIES; UNAUTHORIZED ACCESS; AND TRANSMISSION OF PERSONAL INFORMATION BY THIRD PARTIES.
TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, HARBORING HEARTS, ITS CONSULTANTS, DIRECTORS, AND EMPLOYEES DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES AND CONTENT PROVIDED BY OR LINKED TO HARBORING HEARTS’ WEBSITE. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HARBORING HEARTS DOES NOT WARRANT THAT OUR WEBSITE’S CONTENT IS ACCURATE, COMPLETE, OR CURRENT; THAT IT WILL CORRECT DEFECTS; THAT ITS SERVICE WILL OPERATE WITHOUT ERROR; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE.
Limitation of Liability
In no event shall Harboring Hearts, its licensors, its suppliers, or any third parties mentioned on the website be liable for any damages, including, without limitation, indirect, incidental and consequential damages, personal injury, wrongful death, lost profits, or damages resulting from your use of the website or lost data or business interruption, resulting from the use of or inability to use the website, their services or Public Forums, or any User-Generated Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Harboring Hearts is advised of the possibility of such damages. Harboring Hearts shall be liable only to the extent of actual, direct damages incurred by you, not to exceed the amount you paid to access this site. Harboring Hearts is not liable for personal injury or death caused by the use or misuse of the website, their services or Public Forums, or any User-Generated Content. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Service must be filed within one (1) year after such claim or cause of action arises, or it will be barred forever. To the extent that any jurisdiction does not allow the exclusion or limitation of indirect, incidental, or consequential damages, portions of the above limitation or exclusion may not apply.
Harboring Hearts further specifically disclaims liability for unauthorized interception or infiltration of any data that you submit to the Harboring Hearts website and for misappropriation of such data by third parties.
Digital Millennium Copyright Act Compliance
Harboring Hearts respects the Intellectual Property Rights of others. Upon proper notice, we will remove any User-Generated Content, Public Forum post, or other applicable content that violates copyright law and we will terminate accounts that belong to repeat infringers.
Pursuant to Title 17 of the U.S. Code, Section 512, Harboring Hearts has implemented procedures for receiving written notification of suspected copyright infringement and for processing those claims in accordance with the law. If you are a copyright owner or an agent thereof and believe that any User-Generated Content, Public Forum post, or other applicable content infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our designated copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the claimed infringing material and information reasonably sufficient to enable us to locate the material on our website;
- Information reasonably sufficient to enable us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement attesting to your 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
- A statement, made under penalty of perjury, that the information in your notification is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf; and
- Your physical or electronic signature.
Please send all of the above enumerated information to our designated agent:
c/o Harboring Hearts Housing
333 West 52nd Street, Suite 700
New York, NY 10019
E-mail: [email protected]
Modifications to this Website
Harboring Hearts reserves the right to modify, suspend, discontinue or restrict our website, including the availability of any portion of the Content at any time, with or without notice to you. Harboring Hearts shall not be liable to you or any third party should we exercise our right to modify or discontinue any website or services.
We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on our website regarding any change in ownership so that you have the opportunity to discontinue your use of our website or cancel your registered accounts if you opt not to continue using the website or services under their new ownership. You may not assign this contract to any one else.
Any express waiver or failure to exercise promptly any right under the Terms of Service in any particular circumstance does not constitute a waiver of its right to enforce the Terms of Service in any other circumstance, in any similar circumstance, or in any continuation or repetition of the circumstance in connection with which it has not previously enforced its right. If any part, term, or provision of these Terms of Service will be held void, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over these Terms of Service, the validity of the remaining portions or provisions will not be affected hereby.
The Terms of Service, the rights and obligations hereunder, and any claims or disputes relating thereto, will be governed by and construed in accordance with the laws of New York without regard to the principles of conflicts of laws. Any claim, suit, or action arising under or relating to the Terms of Service may be brought only in courts located within New York. The parties hereby agree that such courts will have exclusive personal and subject matter jurisdiction over any such claim, suit, or action. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION TO ENFORCE OR DEFEND ANY RIGHT UNDER THE TERMS OF SERVICE OR ARISING FROM ANY RELATIONSHIP EXISTING IN CONNECTION WITH THESE TERMS OF SERVICE, AND AGREE THAT ANY ACTION WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
These Terms of Service constitute the entire agreement between you and Harboring Hearts relating to this subject matter, and cancel and supersede any prior versions of the Terms of Service.