Terms of Use

Charities of Hope Service Agreement
1. Definitions.
“CharitiesofHope.org” is the interactive on-line service operated by Charities of Hope website on the World Wide Web of the Internet, consisting of information services and content provided by Charities of Hope website, its subsidiaries, affiliates and other third parties. “Subscriber” means each person who establishes or accesses a connection (”Account”) for access to and use of CharitiesofHope.org.
2. General.
(A) This Agreement, which incorporates by reference other provisions applicable to use of CharitiesofHope.org, including, but not limited to, supplemental terms and conditions set forth in paragraph 13 hereof (”Supplemental Terms”) governing the use of certain specific material contained in CharitiesofHope.org, sets forth the terms and conditions that apply to use of CharitiesofHope.org by Subscriber. By using CharitiesofHope.org (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use CharitiesofHope.org is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.
(B) Charities of Hope website shall have the right at any time to change or discontinue any aspect or feature of CharitiesofHope.org, including, but not limited to, content, hours of availability, and equipment and equipment needed for access or use.
3. Changed Terms.
Charities of Hope website shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of CharitiesofHope.org, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on CharitiesofHope.org, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of CharitiesofHope.org by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer
Hardware and other equipment needed for access to and use of
CharitiesofHope.org and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use CharitiesofHope.org for lawful purposes only. Subscriber shall not post or transmit through CharitiesofHope.org any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Charities of Hope website express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Charities of Hope website discretion restricts or inhibits any other Subscriber from using or enjoying CharitiesofHope.org will not be permitted. Subscriber shall not use CharitiesofHope.org to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with CharitiesofHope.org.
(B) CharitiesofHope.org contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of CharitiesofHope.org are copyrighted as a collective work under the United States copyright laws. Charities of Hope website owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Charities of Hope website and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on CharitiesofHope.org any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of CharitiesofHope.org, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Charities of Hope website the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, and store or reproduces the material for that Subscriber’s personal use. Subscriber hereby grants Charities of Hope website the right to edit, copy, publish and distribute any material made available on CharitiesofHope.org by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of Charities of Hope website, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF CharitiesofHope.org IS AT SUBSCRIBER’S SOLE RISK. NEITHER Charities of Hope WEBSITE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT CharitiesofHope.org WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CharitiesofHope.org, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH CharitiesofHope.org.
(B) CharitiesofHope.org IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT Charities of Hope WEBSITE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL Charities of Hope WEBSITE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CharitiesofHope.org, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE CharitiesofHope.org. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON CharitiesofHope.org.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Charities of Hope WEBSITE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN CharitiesofHope.org, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. Charities of Hope WEBSITE, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, Charities of Hope WEBSITE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
Charities of Hope website shall have the right, but not the obligation, to monitor the content of ) CharitiesofHope.org, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Charities of Hope website and to satisfy any law, regulation or authorized government request. Charities of Hope website shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on) CharitiesofHope.org. Without limiting the foregoing, Charities of Hope website shall have the right to remove any material that Charities of Hope website, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless Charities of Hope website, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of ) CharitiesofHope.org by Subscriber or Subscriber’s Account.
9. Termination.
Either Charities of Hope website or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Charities of Hope website shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which Charities of Hope website, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks.
Charities of Hope, CharitiesofHope.org, and each of their logos are trademarks of Charities of Hope website. All rights reserved. All other trademarks appearing on CharitiesofHope.org are the property of their respective owners.
11. Third Party Content.
CharitiesofHope.org is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, ) CharitiesofHope.org has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of CharitiesofHope.org, are those of the respective author(s) or distributor(s) and not of Charities of Hope website. Neither Charities of Hope website nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)In many instances, the content available through) CharitiesofHope.org represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with Charities of Hope website. Charities of Hope website neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on) CharitiesofHope.org by anyone other than authorized Charities of Hope website employee spokespersons while acting in their official capacities. Under no circumstances will Charities of Hope website be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through) CharitiesofHope.org. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through) CharitiesofHope.org. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for) CharitiesofHope.org established Charities of Hope website constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. Supplemental Terms
As set forth in) CharitiesofHope.org Service Agreement which governs the use of) CharitiesofHope.org, please be advised that neither, Charities of Hope website. nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within blackenterprise.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the parties represented in this paragraph 13 shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Prior to the execution of a home purchase, you are advised to consult with your financial representative or homeownership professional such as a realtor, mortgage banker or lender, appraiser, inspector, insurance agent, or attorney to verify pricing or other information. Charities of Hope website, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, Charities of Hope website, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.