Hospice of Humboldt: A Special Kind of Caring

1. BINDING EFFECT. This is a binding agreement (the "Agreement"). By using the Internet site located at hospiceofhumboldt.org/heartfeltmessages/ (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by HOSPICE OF HUMBOLDT from time to time in its sole discretion. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY. HOSPICE OF HUMBOLDT respects the privacy of the users of the Site. The Site's current Privacy Policy (this "Policy") can be found by clicking here. The Policy is expressly incorporated into this Agreement by this reference.

3. USER CONTENT. As a user of the Service ("Service User"), you grant HOSPICE OF HUMBOLDT a license to use the materials you post in connection with the Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") in connection with the Service, you are granting HOSPICE OF HUMBOLDT, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to distribute, transmit, publicly display, and publicly perform your User Content in the context of providing the Service. You will not be compensated for any User Content. You agree that HOSPICE OF HUMBOLDT may publish or otherwise disclose your name in connection with your use of the Service. By posting User Content in connection with the Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. HOSPICE OF HUMBOLDT, its affiliates, officers, directors, employees, consultants, agents, and representatives assume no liability for User Content submitted by Service Users.

4. USE OF SOFTWARE. HOSPICE OF HUMBOLDT may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by HOSPICE OF HUMBOLDT, for your personal, noncommercial, home use only. HOSPICE OF HUMBOLDT does not transfer either the title or the intellectual property rights to the Software, and HOSPICE OF HUMBOLDT retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by HOSPICE OF HUMBOLDT or its licensors and you may not copy or use them in any manner.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any User Content does not violate any laws or third party rights rests solely with you.

6. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. HOSPICE OF HUMBOLDT reserves the right to terminate any Service User account and delete any Service User's Heartfelt Messages Webpage if it comes to the attention that such material has been posted. HOSPICE OF HUMBOLDT intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

7. COPYRIGHT INFRINGEMENT. HOSPICE OF HUMBOLDT has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. HOSPICE OF HUMBOLDT has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of HOSPICE OF HUMBOLDT or of a third party, or otherwise violated any intellectual property laws or regulations. HOSPICE OF HUMBOLDT's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want HOSPICE OF HUMBOLDT to delete the material in question, you must provide HOSPICE OF HUMBOLDT with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) 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; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HOSPICE OF HUMBOLDT to locate the material; (d) information reasonably sufficient to permit HOSPICE OF HUMBOLDT to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to HOSPICE OF HUMBOLDT's designated agent at:

Barbara Garza, Director of Community Outreach
Hospice of Humboldt
2010 Myrtle Avenue
Eureka, CA 95501
Phone: 707.4435-8443, ext. 357
E-mail: contentadmin@hospiceofhumboldt.org

8. ALLEGED VIOLATIONS. HOSPICE OF HUMBOLDT reserves the right to terminate your use of the Service and/or the Site. To ensure that HOSPICE OF HUMBOLDT provides a high quality experience for you and for other users of the Site and the Service, you agree that HOSPICE OF HUMBOLDT or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. HOSPICE OF HUMBOLDT does not intend to disclose the existence or occurrence of such an investigation unless required by law, but HOSPICE OF HUMBOLDT reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if HOSPICE OF HUMBOLDT believes that you have violated any of the Terms of Use, furnished HOSPICE OF HUMBOLDT with false or misleading information, or interfered with use of the Site or the Service by others.

9. NO WARRANTIES. HOSPICE OF HUMBOLDT HEREBY DISCLAIMS ALL WARRANTIES. HOSPICE OF HUMBOLDT IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOSPICE OF HUMBOLDT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HOSPICE OF HUMBOLDT DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. LIMITED LIABILITY. HOSPICE OF HUMBOLDT'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HOSPICE OF HUMBOLDT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY HOSPICE OF HUMBOLDT IN CONNECTION WITH YOUR USE OF THE SITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

11. AFFILIATED SITES. HOSPICE OF HUMBOLDT has no control over, and no liability for any third party websites or materials. HOSPICE OF HUMBOLDT works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither HOSPICE OF HUMBOLDT nor the Site has control over the content and performance of these partner and affiliate sites, HOSPICE OF HUMBOLDT makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and HOSPICE OF HUMBOLDT assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that HOSPICE OF HUMBOLDT makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content.

12. PROHIBITED USES. HOSPICE OF HUMBOLDT imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by HOSPICE OF HUMBOLDT in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

13. INDEMNITY. You agree to indemnify HOSPICE OF HUMBOLDT for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless HOSPICE OF HUMBOLDT, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site and/or the Service, your violation of these Terms of Use, or your infringement, or infringement by any other User of your account, of any intellectual property or other right of any person or entity. HOSPICE OF HUMBOLDT will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

14. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Humboldt County, California, USA in all disputes arising out of or related to the use of the Site or Service.

15. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

16. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by HOSPICE OF HUMBOLDT or by any third party.

17. CALIFORNIA USE ONLY. The Site is controlled and operated by HOSPICE OF HUMBOLDT from its offices in the State of California. HOSPICE OF HUMBOLDT makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as HOSPICE OF HUMBOLDT's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

18. MODIFICATIONS. HOSPICE OF HUMBOLDT may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. HOSPICE OF HUMBOLDT shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use the Service or access the Site following notice of any revision, you shall abide by any such revision.

19. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.