Terms of Service
Here is a Summary of HEART TO HEART’s Terms of Service:
You must be at least 13 years old to use the Heart to Heart service.
Do not use HEART TO HEART if you do not agree to the Terms of Service described below.
Your use of HEART TO HEART means you agree to these Terms of Service.
HEART TO HEART INTERNATIONAL CHILDREN’S MEDICAL ALLIANCE TERMS OF SERVICE
(EFFECTIVE AS OF FEBRUARY 24, 2014)
PLEASE READ CAREFULLY
1. INTRODUCTION AND ACCEPTANCE OF TERMS
In these Terms of Service, “HEART TO HEART” means Heart to Heart International Children’s Medical Alliance, a California non-profit 501(c)(3) corporation, with its principal business address at 655 13th St., Suite 200, Oakland, CA 94612.
2. MODIFICATION TO THE AGREEMENT
HEART TO HEART may modify or update these Terms of Service at any time, and will endeavor to provide notice of material changes; however, any inadvertent failure by HEART TO HEART to provide such notice shall not be considered a breach of these Terms of Service. Any additional or different terms in these Terms of Service will be effective upon being posted on the Heart to Heart Site. It is your responsibility to review these Terms of Service periodically. Your use of the Heart to Heart Site following the posting of any additional or different terms in these Terms of Service constitutes your irrevocable acceptance of such additional or different terms. HEART TO HEART reserves the right to add, change, modify, suspend or discontinue all or any of the Heart to Heart Service, in its sole discretion, at any time. Unless expressly stated otherwise, the use by you of any new or existing Heart to Heart Site or Service will be subject to these Terms of Service. HEART TO HEART reserves the right to refuse to provide you with access to any of the Heart to Heart Site.
3. WHO MAY USE THE HEART TO HEART SERVICE?
In addition to accepting the Terms of Service, in order to use the Heart to Heart Service, you represent that (a) you are AT LEAST 13 YEARS OLD, and (b) you have read, understood, and agree to be bound by this Agreement. If you are not at least 13 years old, or you do not agree to all the terms and conditions of this Agreement, please do not attempt to access or use the Heart to Heart Service.
4. PARENTAL ADVISORY
6. TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SITE
Occasionally, certain technical difficulties or maintenance may result in temporary interruptions to the Heart to Heart Site. HEART TO HEART reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the HEART TO HEART Site, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Heart to Heart Site or any of its functions or features. You understand and agree that HEART TO HEART has no obligation to maintain, support, upgrade, or update the Site, or to provide all or any specific content through the Site. HEART TO HEART is not responsible for any interruption in or discontinuation of the Heart to Heart Site or any damage to you that may result from such interruption or discontinuation.
7. LINKED SITES/THIRD-PARTY CONTENT
These Terms of Service apply only to the Heart to Heart Site. HEART TO HEART may provide links on the website to other websites which are not under the control of HEART TO HEART. These links are provided for convenience of reference only and are not intended as an endorsement by Heart to Heart of the organization or individual operating the website or a warranty of any type regarding the website or the information on other websites.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions will remain in full force and effect. HEART TO HEART’s failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision, and no waiver will be effective unless it is made in writing and signed by an authorized representative of HEART TO HEART.
You acknowledge and agree that, although these Terms of Service are solely between you and HEART TO HEART, HEART TO HEART’s third party partners, including, without limitation, its payment processing partners, are third party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, these third parties will have the right, while providing services to or on behalf of HEART TO HEART, to enforce these Terms of Service as if they were original parties to this document.
You agree to indemnify and hold HEART TO HEART, its directors, officers, employees, agents and licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, arising out of, or related to (i) your breach of this Agreement; or (ii) any third party claims arising out of your use or misuse of the Heart to Heart Site.
10. GOVERNING LAW; JURISDICTION
These Terms of Service are governed by, and will be construed under, the laws of the United States of America and the laws of the State of California, without regard to its conflict-of-laws provisions.
11. DISPUTE RESOLUTION
If you are using the Heart to Heart Service in the United States, Sections 11.1, 11.2, 11.3, 11.4, 11.5, 11.6, and 11.7 apply as follows:
Before initiating any arbitration or legal proceeding, you and HEART TO HEART agree to first attempt to negotiate any dispute or controversy related to these Terms of Service (“Dispute”) informally for at least thirty (30) days. Negotiations will begin upon written notice from one party to the other. HEART TO HEART will send its notice to your billing or other physical address (if on file with HEART TO HEART) and email you a copy to the email address you have provided. You will send your notice to: Creative Industry Law, 155 Sansome Street, Suite 500, San Francisco, CA 94104, Attn: Lizbeth Hasse, Esq.
11.2 Binding Arbitration
If the parties fail to resolve a Dispute through negotiations within the above thirty (30) day period, you and HEART TO HEART agree that, except as provided in Section 11.6 below, all Disputes will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms of Service unless the parties mutually agree upon another arbitration service or arbitrator. In the event of a conflict between the terms set forth in this Section 11 and the JAMS Rules, the terms in this Section 11 will control and prevail. Parties may seek any remedies available to them under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Dispute. Except as otherwise provided in these Terms of Service, (i) you and HEART TO HEART may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND HEART TO HEART ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
11.3 Arbitration Fees
All fees and costs of the arbitration will be charged in accord with the JAMS Rules.
The arbitration will be conducted in San Francisco, California, unless the parties agree to video, phone and/or Internet connection appearances.
You and HEART TO HEART agree that any arbitration will be limited to the Dispute between HEART TO HEART and you individually. YOU AND HEART TO HEART AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.
You acknowledge and agree that your sole remedy under these Terms of Service shall be an action at law to recover monetary damages, if any. In no event will you have a right to injunctive or other equitable relief hereunder.
You and HEART TO HEART agree that if any portion of this “Dispute Resolution” section is found illegal or unenforceable (except any portion of Section 11.5 above), that portion will be severed and the remainder of this section will be given full force and effect. If Section 11.5 above is found to be illegal or unenforceable then neither you nor HEART TO HEART will elect to arbitrate any Dispute falling within that portion of Section 11.5 above found to be illegal or unenforceable and such Dispute will be exclusively decided by a court of competent jurisdiction within San Francisco, State of California, United States of America, and you and HEART TO HEART agree to submit to the personal jurisdiction of that court.
12. DISCLAIMER OF WARRANTIES
THE HEART TO HEART SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND THE MATERIALS CONTAINED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEART TO HEART DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
13. LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE HEART TO HEART SITE REMAINS WITH YOU. THEREFORE:
13.1 IN NO EVENT SHALL HEART TO HEART OR ITS PARENTS, MEMBERS, LICENSORS, SUBSIDIARIES, PARTNERS, AFFILIATES, SERVICE PROVIDERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES (COLLECTIVELY, THE “HEART TO HEART PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF: THIS AGREEMENT; THE USE OF OR INABILITY TO USE THE HEART TO HEART SITE, OR RELIANCE ON ANY THIRD PARTY CONTENT, GOODS, OR SERVICES, AVAILABLE ON LINKED SITES DESCRIBED IN SECTION 7; EVEN IF HEART TO HEART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE HEART TO HEART PARTIES WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. NOTICE TO USERS OUTSIDE OF THE UNITED STATES
15. ELECTRONIC COMMUNICATIONS
By clicking on the “I AGREE” button (or similar buttons or links as may be designated by HEART TO HEART to show your acceptance of the Terms of Service), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, make payments, and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Heart to Heart Service.
Have questions about these Terms of Service? If so, please email us at firstname.lastname@example.org or write to us at: Creative Industry Law, 155 Sansome St., Suite 500, San Francisco, CA, Attn: Lizbeth Hasse, Esq.
© 2014 HEART TO HEART INTERNATIONAL CHILDREN’S MEDICAL ALLIANCE