Last updated: November 1, 2015
The use of this Website and the products and services offered on this Website are governed by these Terms. Your use of this Website in any manner including, but not limited to, browsing, activating enrolling as a member or other activity conducted through the Website constitutes your acknowledgement that you have read these Terms and that you agree to follow and be bound by them. If you do not agree to be bound by the Terms, do not access the Website. HFLA of Northeast Ohio (“HFLA”) reserves the right to modify or otherwise change these Terms at any time without notice to you. Therefore, we recommend that you carefully review these Terms each time you access or use this Website. By accessing or using the Website, you agree to be legally bound by these Terms just as if you had signed these Terms. If you access or use the Website after HFLA posts a change to these Terms, you agree to be bound by such change. If you do not intend to accept the change, terminate access or use of the Website. This Website is available only for your personal, non-commercial use. You agree and continue to agree to use this Website in a manner consistent with the applicable laws and regulations and in accordance with these Terms.
In addition, when using the Website, you shall be subject to any posted guidelines or rules, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
This Website is not intended for use by persons under the age of thirteen. Individuals who are under thirteen are expressly prohibited from posting any personally identifiable information about themselves.
1. Ownership of Information and Intellectual Property Contained on Website
“Content” means any and all images, content, photos, pricing, text, audio, instructional, business processes, customer IDs, customer passwords and other customer information, music, graphics, sounds, links and other components found on or in this Website. The Content is the property of HFLA and its affiliates, licensors and suppliers and is protected by copyright (whether published or unpublished), patent (whether or not reduced to practice), trademarks, trade secrets or other proprietary rights. These rights are valid and protected in all forms of media and technologies existing now or hereinafter developed. All Content is a collective work under the U.S. copyright laws and is protected by worldwide copyright laws and treaties. You will not, nor enable anyone else, to copy, reproduce, modify, publish, download, upload, frame, post, transmit, distribute, modify, alter or use any Content in any way without HFLA’s prior written consent. Except as may be expressly provided in these Terms, HFLA does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information or the right to use any Content.
2. Permitted Use of Website Content
You may view and print information from the Website subject to the following conditions: (a) Content may be used solely for information purposes; and (b) Content may not be modified or altered in anyway. You will not republish, distribute, prepare derivative works, or otherwise use the Content other than as explicitly permitted herein. You will not frame or utilize “framing” techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) of HFLA or its providers without the express written consent of HFLA. Trademarks, logos and information of HFLA and its providers contained on the Website are, and shall remain their respective properties. You will not use any “meta tags” or any other “hidden text” utilizing HFLA’s name or trademarks without the express written consent of HFLA. You may not use any HFLA logo or other proprietary graphic or trademark as part of any link without HFLA’s express written consent. You do not and will not acquire any ownership rights to any content in the Website. Any unauthorized use immediately terminates any permissions or licenses granted hereunder.
Your eligibility for particular products and services is subject to final determination by HFLA.
3. Information Accuracy and Updates
The information published on this Website may include technical inaccuracies or typographical errors. HFLA may add, delete or change Content or any properties or other information without notice to you. HFLA and/or its respective providers may discontinue, make improvements and/or changes in the product(s) described herein at any time. HFLA has no duty to update this Website or any Content, and HFLA shall not be liable for any failure to update any such information. HFLA does not warrant the accuracy or completeness of any Content. HFLA makes no representation that this Website or any Content is appropriate or available for use in other locations and access to it from territories where Content is illegal or is prohibited.
4. Access to Password Protected/Secure Areas
HFLA may assign its clients or users of this Website passwords. As a client or user, you may not share or disclose your password with anyone else. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website is prohibited and may be subject to prosecution.
5. Communication of Unsolicited Ideas
HFLA is not seeking any unsolicited ideas, suggestions or materials relating to the development, design, or marketing of its products or services. However, you may submit messages, data, comments and provide other information (collectively, “Messages”) so long as it is not obscene, illegal, threatening, or defamatory and so long as such submission and the content thereof does not invade the privacy, infringe the intellectual property of or otherwise violate the rights of or injure HFLA or any third party, or contain a software virus, mass mailing, chain letter, or any form of “spam.” You will not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. Any Messages submitted by you to HFLA through this Website shall be and remain the sole and exclusive property of HFLA and may be used by HFLA for any purpose whatsoever, commercial or otherwise, without compensation. You represent and warrant to HFLA, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute your representation and warranty that neither the submission nor any content thereof is in breach of these Terms, and your assignment to HFLA of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. HFLA is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction, and without compensation to you. Messages delivered by or from you to this Website (whether via posting, electronic mail, or otherwise, directly or indirectly) shall not be considered by you to be confidential. HFLA shall not be responsible to keep such information confidential, and HFLA shall not be liable for any use or disclosure thereof.
6. Restrictions on Use of Website and Inappropriate Behavior
You will not engage in any conduct that, in HFLA’s sole discretion, restricts or inhibits any other person from using, accessing or enjoying the Website. You may not copy, modify, distribute, download, display, transfer, post, or transmit the Website or any of its content in any form without HFLA’s prior written consent. You will not access or use the Website for any unlawful purpose. You will not post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethnically or otherwise, or any material of any kind that HFLA considers objectionable.
The following activities are also expressly prohibited and you will not engage in any such activities: any non-personal or commercial use; use of any “robot”, “spider”, other automatic device, or manual process to monitor or copy the Website or any of its content; “mirroring” the Website or any content on any other server; collection or use of product listings, descriptions, or prices for, on behalf of or benefiting any supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Website or otherwise interferes with its function or value.
You will be liable for any illegal or prohibited Messages or other information you provide to the Website or to other users, including, for example, infringing, defamatory, or offensive materials. So that the Website is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, email or otherwise make accessible on or through the Website information that:
- Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another’s privacy, hateful, or malicious;
- Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
- Is or could be harmful to minors;
- Harasses or advocates harassment of another person;
- Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing (or “spamming”);
- Promotes information that you know is false, misleading, or promotes illegal activities or conduct;
- Is or promotes an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
- Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
- Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;
- Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by HFLA or any other party;
- Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or
- Otherwise violates any local, state, national or other applicable law or regulation.
In addition, you may not, in connection with your use of the Website:
- Impersonate any person or entity or falsely misrepresent your affiliation with any other person or entity;
- Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted through or on the Website;
- Engage in commercial activities and/or sales without HFLAs prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;
- Post or transmit any content that you do not have the right to post or transmit;
- Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
- Disrupt the ordinary flow and operation of any portion of the Website;
- Interfere with or disrupt the Website or any server or network involved with the operation of the Website;
- Stalk or harass any other person; or
- Collect or “harvest” from the Website the names of other users for the purpose of transmitting unsolicited commercial messages to those other users.
If you discover this kind of material or activity on the Website, please notify us immediately at firstname.lastname@example.org.
7. Client Registration
In consideration of your use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HFLA has reasonably believes that such information is untrue, inaccurate, not current or incomplete, HFLA may suspend, terminate, or refuse any and all current or future use of the Website (or any portion thereof). You agree to receive electronic records and communications from HFLA, which may be provided via a Web browser or e-mail application connected to the Internet. You are required to provide Internet connectivity at your own expense to access the Website.
8. Linked Sites
10. Disclaimer of Warranties and Limitation of Liability
THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY. WITHOUT LIMITING THE FOREGOING, HFLA AND ITS CONTENT PROVIDERS DO NOT MAKE AND DISCLAIM ALL: EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SYSTEM INTEGRATION, ACCURACY OF INFORMATIONAL CONTENT, NON-INFRINGEMENT, QUIET ENJOYMENT, AND TITLE. HFLA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE, OR THAT HFLA’S E-MAILS, SOFTWARE OR THE WEBSITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOUR COMPUTER SYSTEM WILL NOT BE DAMAGED BY REASON OF SUCH USE, OR THAT USE OF THE SOFTWARE OR WEBSITE IS OR WILL BE ERROR FREE OR UNINTERRUPTED. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT HFLA WILL NOT BE LIABLE BY REASON OF SUCH USE. YOU AGREE THAT ANY EFFORTS BY HFLA TO MODIFY ITS SOFTWARE, WEBSITE, PRODUCTS OR SERVICES SHALL NOT BE DEEMED OR CONSTRUED AS A WAIVER OF ANY OF THE FOREGOING LIMITATIONS, OR ACKNOWLEDGEMENT OR EVIDENCE OF ANY DEFECT, NON-CONFORMITY, OR FAILURE OF PURPOSE. YOU FURTHER AGREE THAT HFLA SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT OR INDIRECT, COMPENSATORY, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY KIND WHICH MAY BE INCURRED OR SUSTAINED BY YOU, YOUR EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, ARISING OUT OF OR RELATING TO THE SOFTWARE, THE WEBSITE, THIS AGREEMENT OR OTHERWISE, EVEN IF HFLA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. HFLA’s liability in connection with this Website shall at all times be limited to the maximum extent permitted by law. Some jurisdictions do not permit the exclusion or limitation of liability for consequential, incidental or other damages. To the extent applicable law does not permit any specific exclusion or limitation to apply to you or these Terms, such exclusion or limitation shall be severed from these Terms.
11. Suspension and/or Termination Rights
HFLA reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the Terms, your registration for any program and/or your ability to access the Website, including, without limitation any breach by you of the Terms or conduct by you that HFLA determines to be inappropriate. You agree that HFLA shall not be liable to you or any third-party for any suspension or termination pursuant to this provision. The warranty, limitation of liability and indemnification provisions shall survive any termination of these Terms.
Unless otherwise provided in these Terms, all notices, requests, confirmations, elections, waivers, determinations and other communications required or desired to be given in connection with these Terms shall be effective: (a) if given to you by e-mail addressed to your e-mail address on record at HFLA, if any, or, (b) if given to HFLA, then by e-mail addressed to email@example.com.
You agree to keep, save, protect, indemnify, and hold harmless HFLA, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred or sustained by HFLA arising out of, relating to or resulting from any breach or default by you under these Terms or any other obligations owed by you to HFLA (including negligent or wrongful conduct).
14. Website Availability
This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. By offering this Website and information, or any products or services via this Website, no distribution or solicitation is made by HFLA to any person to use this Website, or such information, products or services in jurisdictions where the provision of this Website and such information, products and services is prohibited by law.
15. Jurisdiction and Venue
These Terms shall be construed and governed by the laws of the State of Ohio, notwithstanding any conflicts of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Ohio. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your access to or use of HFLA’s Website, Content or these Terms must be filed within one (1) year after such claim or cause of action arises.
16. Miscellaneous Terms
HFLA’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between HFLA and you or any other party nor trade practice shall act to modify any provision of these Terms. You may not assign your rights and duties under these Terms at any time. This is the entire agreement between the parties relating the subject matter herein and supersedes any prior understanding, agreements or representations whether written or oral. If any provision of these Terms is held to be invalid, void or unenforceable by a court of competent jurisdiction, then such provision shall be deemed severed from these Terms and will not affect any other provision of these Terms, the balance of which shall remain in and have their intended full force and effect. The headings and titles of the sections of the Terms are not a part of these Terms, but are for convenience only and are not intended to define, limit or construe the contents of any such sections.
Please direct any questions you may have about the Terms, or any other legal matters, to the following e-mail address: firstname.lastname@example.org.