PRIVACY POLICY
BEACON OF HOPE CRISIS CENTER IS COMMITTED TO YOUR PRIVACY.
We value your patronage and respect your privacy rights. As part of the normal operation of our services, we collect and, in some cases, may disclose information about you. We have created the following Privacy Policy to let you know what information we collect when you visit our website, why we collect it, and how it is used. This Privacy Policy applies to all information that you provide to Beacon of Hope Crisis Center (“us,” “we,” or “our”) and that we maintain electronically, whether you provide the information through our website located at www.beaconofhopeindy.org (the “Website”), or through other means. Additionally, this Privacy Policy applies to any Personal Information (defined below) obtained from your use of the Website. This Privacy Policy does not apply to any information that you may provide to third parties; for example, other sites linked to this Website. You should contact such third parties directly to determine their respective privacy policies.
This Privacy Policy is governed by our Terms and Conditions of Use. We may periodically make changes to this Privacy Policy. Minor changes to this Privacy Policy may be made without notice. However, we will notify you of any major changes to this Privacy Policy by posting the changes at the top of this page and the date of changes at the top of this page. We also will post notification of the changes on the main page of our Website, for at least seven days. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often. If you believe we have not adhered to this Privacy Policy or if you have any other questions regarding this Privacy Policy, please contact us at info@beaconofhopeindy.org.
WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND WHY?
We collect and maintain a variety of Personal Information about you to enable us to provide you with the best service. “Personal Information” is information about you by which you may be identified.
We collect your Personal Information when you provide it to us while visiting the Website, such as when you create an account, purchase our products, request information, post comments, or other areas of services in which you or other parties create, store or post any content messages, comments, materials or other items on the Website (“Interactive Areas”), or otherwise interact with this Website. The Personal Information we collect and maintain about you includes:
Your name
Your email address
Your phone number
Your mailing address
Your credit card billing address
Your credit card number
Please note, we collect and use your credit card information for purposes of processing and completing your transactions you enter into on our Website. Your credit card information will be disclosed to third parties only as necessary to complete the transaction. Once the transaction is completed, your credit card information will be purged from our system. Your credit card information will not be retained in any of our system files.
We only collect Personal Information that you voluntarily provide to us or voluntarily provide to our Partners (defined below) who share that information with us. We use your Personal Information for other things that may include, but are not limited to, the following:
Contacting You:
We use your Personal Information to communicate with you in the event we have any questions with regard to your online inquiry.
We may also contact you to tell you about products and services provided by us and/or our Partners.
Processing of Transactions:
We use your Personal Information to process your transactions for administrative purposes, such as merchandise order fulfillments.
Interactions:
Each time you interact with our Website, the details of your interaction are collected and retained.
Marketing Data:
You may have the opportunity to participate in demographic surveys and other marketing inquiries in an effort to further improve the use of the Website. Participation in these efforts is voluntary.
Use of IP Address:
IP addresses are numbers that are automatically assigned to your computer and if associated with other individually identifiable information, could be considered personal information. Your user IP address information is used only for our internal tracking purposes.
Use of Cookies:
Cookies are a standard technology used by commercial website services to store small pieces of information on your hard drive by sending a small string of text to your browser. They make your use of this Website more pleasing and efficient by personalizing your Website experience and gathering statistical data, such as which parts of the Website you have previously visited, what material you downloaded, your Internet provider’s domain name and country and the addresses of websites you visited immediately before and after our Website. They enable us to tailor the information you receive and to assist our Partners or other third party organizations with which we have strategic alliances by identifying you as our customer or Website user. Most web browsers automatically accept cookies, unless you have configured yours not to accept them. In order for us to provide you with services on our Website, your browser must accept cookies, as they are essential for site administration and security. We do not use cookies either to collect individually identifiable information or to collect non-individually identifiable information using a cookie that is combined with a personal identifier.
WHAT GENERAL INFORMATION DO WE COLLECT FROM YOU AND WHY?
“General Information” is information about you or your activities on our Website that does not identify you personally. When you use the Internet, your web browser or software may communicate certain information to the host website you visit. This information may include the unique number assigned to your server or Internet connection, the capabilities and features of your computer, your geographic location, and your movement and activity within a particular website. We collect the same information on our Website. We use this General Information to generate statistics about visitors to our Website.
HOW WE USE YOUR INFORMATION
1) The information we collect is used to (i) to respond to your inquiries; (ii) process your transactions for administrative purposes, such as merchandise order fulfillment; (iii) provide customer services and resolve any complaints; (iv) improve the Website and service and resolve any technical problems; (v) communicate with you concerning the services offered on the Website by us or any of our Partners; (vi) cross-reference with other Personal Information that we have acquired about you or may acquire about you through other sources; (vii) create aggregate data; (viii) communicate with you regarding certain products, services or promotions offered by us or our Partners, provided that you have not already opted out of receiving such communications; (ix) ensure compliance with the Privacy Policy and Terms and Conditions of Use; and (x) comply with any applicable laws and regulations. We may provide your information to government officials and agencies as required by law, and Partners as part of business operations, transaction processing, and marketing efforts, as identified below. For purposes of this Privacy Policy, “Partner” shall mean affiliates of Beacon of Hope Crisis Center.
DISCLOSURE OF INFORMATION WE COLLECT
Except as provided in this Privacy Policy; we will not sell, trade or disclose to third-parties any Personal Information obtained by us through this Website or from our Partners about you, without your consent. We may disclose Personal Information (i) to companies that help process the transactions you request, in order to protect your transactions from fraud and verify your identity; (ii) that we in good faith believe is necessary or appropriate to cooperate in investigations of fraud, intellectual property infringements or other activity that is illegal or may expose us or you to legal liability, or to conduct investigations of violations of the Website’s Terms and Conditions of Use; (iii) when required by law or to comply with a court order, subpoena, search warrant or other legal process; (iv) to comply with legal, regulatory or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Personal Information); (v) to protect and defend us, our subsidiaries and affiliates and any of their officers, directors, employees, attorneys, agents, contractors and partners, in connection with any legal action, claim or dispute; (vi) to prevent imminent physical harm; (vii) to share aggregated statistical or demographic data with our affiliates, business partners or for public relations (this aggregated information is not tied to Personal Information); (viii) to provide data, including Personal Information about you, with our Partners; (ix) to sell or otherwise provide to third parties in the event of a bankruptcy or liquidation; and (x) to sell or otherwise provide to third parties in the event of a future merger or acquisition by another company. In the event we merge or are acquired by another company, the successor company will have access to your Personal Information in order to continue to provide services, but would continue to be bound by this Privacy Policy unless and until it is amended as described in the subsection labeled “Changes to this Privacy Policy” below.
HOW WE PROTECT INFORMATION WE COLLECT
We offer secure web pages to collect certain kinds of user information and we store certain kinds of data in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored. Although no computer system is completely secure, we believe the measures implemented on our Website reduce the likelihood of security problems to a level appropriate to the type of data involved. We cannot ensure or warrant the security of any information that subscribers/visitors transmit to us.
HOW LONG WE KEEP USER INFORMATION
We generally keep user data collected on our server or in our archives for a period of 90 days. We may alter this practice according to changing requirements for example, we may delete some of the data if needed to free up storage space. We may keep other data for longer periods if the law requires it, in addition information posted in a public forum could stay in the public domain indefinitely.
Data management requests are administered in an orderly manner to the extent feasible and within our direct control. Please note that we have greater control over recently collected data than over archived data. Once data is removed from the system and archived, it may not be feasible to accommodate specific requests. In those cases, our general data retention policy applies.
PERSONAL CHOICE IN THE DISCLOSURE OF YOUR INFORMATION
If you do not want us to share your Personal Information with our Partners for marketing purposes, or if you do not want to receive certain communications and offers from us You can “opt-out” of such sharing, communications and offers by visiting www.beaconofhopeindy.org.
You may also call us at (317) 731-6131 or email us at info@beaconofhopeindy.org or write us at:
Beacon of Hope Crisis Center
Attn: CEO
7002 S. East Street
Indianapolis, IN 46227
If you believe that any Personal Information collected by us about you is not correct or has changed, please send an e-mail message to info@beaconofhopeindy.org explaining the correction or change and providing any relevant confirmation or reference number.
CHANGES TO THIS PRIVACY POLICY
By accessing this website, you agree to this privacy policy and terms of service. We reserve the right to change, modify or amend this privacy policy at any time. Notices will be posted notifying visitors when we make changes to our policy. We will also post notification of the changes on the main page of our website for a minimum of seven days. When this policy is changed modified or amended the revised policy will be posted on this website any revised policy will only apply prospectively to personal information collected or modified after the effective date of the revised policy. It is your responsibility to periodically check and review our privacy policy for changes.
IF YOU HAVE A PRIVACY QUESTION
If you have a privacy question about this Website, please email us at info@beaconofhopeindy.org, or write us at:
Beacon of Hope Crisis Center
Attn: CEO
7002 S. East Street
Indianapolis, IN 46227
TERMS AND CONDITIONS OF USE
Welcome to the Beacon of Hope Crisis Center Website (“Website”) and thank you for reviewing the Terms and Conditions of Use. Beacon of Hope Crisis Center (“Provider”) makes this Website, including all information, documents, communications, files, text, graphics, software, photographs, video, audio/visual files, and any other copyrightable materials owned by Provider (collectively, the “Materials”) available for your use subject to the Terms and Conditions of Use set forth below. The Terms and Conditions of Use spell out what you can expect from Provider and what Provider can expect from you.
1. Acceptance of Terms and Conditions of Use.
By using this Website, you (“You” or “Your”) accept and agree to all terms, conditions and notices contained or referenced on the Website (“Terms and Conditions of Use”). Please read the following Terms and Conditions of Use carefully. If You do not agree to the Terms and Conditions of Use, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Materials from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions of Use.
Provider reserves the right to change the Terms and Conditions of Use at any time. Provider will post the changes on this page and the date of the changes at the top of this page. Provider also will post notification of the changes on the main page of the Website, for at least seven days. Your continued use of this Website following such changes signifies Your acceptance of those modifications. If You do not agree to the changes, Your sole remedy is to cease using the Website. If You breach any of the Terms and Conditions of Use, Your authorization to use this Website automatically terminates.
2. Your Account, User Name and Password
You may be required to set up an account in order to access certain areas of the Website. You must be 18 years of age or older to register for an account and only one (1) account is allowed per person.
You are solely responsible for maintaining the security and confidentiality of Your account and any password You use to access the Website and You agree not to transfer Your password, user name, account or the use of Your account, to any third party. You are also solely responsible for all interactions with the Website that occur in association with Your password or user name. You agree to immediately notify Provider at the following email address, info@beaconofhopeindy.org, or by telephone, (317) 731-6131, of any unauthorized use of Your password or user name or any other breach of security related to Your account or the Website and to “log off” from Your account (if applicable) at the end of each session. Provider is not liable for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
All registration and billing information provided must be true and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms and Conditions of Use. By confirming Your purchase at the end of the checkout process, You agree to accept and pay for the item(s) requested. Provider reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders at Provider’s sole discretion.
3. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Materials and the compilation of all content included on this Website are owned or licensed by Provider and protected by United States and international copyright laws. Copyright © 2016 - Present | Beacon of Hope Crisis Center | All Rights Reserved. Provider does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Materials subject to these Terms and Conditions of Use. Unless otherwise specified, the Materials on this Website are for Your personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed upon by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of Your claim to Provider’s Designated Agent listed below. For Your notice to be effective, it must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
(5) A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provider’s Designated Agent is:
Beacon of Hope Crisis Center
Attn: CEO
7002 S. East Street
Indianapolis, IN 46227
info@beaconofhopeindy.org
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
C. Trademarks.
Provider owns trademarks for its many goods and services, including, without limitation, BEACON OF HOPE CRISIS CENTER and the associated graphics, logos and service marks are trademarks of Provider and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
D. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Provider in connection with Your use of this Website shall be the exclusive property of Provider. You agree that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
3. Privacy and Protection of Personal Information.
Provider respects the privacy of visitors to the Website. Please see Provider’s Privacy Policy relating to the collection and use of Your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Provider collects, uses and discloses Your personally identifiable information, is incorporated and made part of these Terms and Conditions of Use. If You do not agree to each and every part of Provider’s Privacy Policy, then You should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to Provider via e-mail at info@beaconofhopeindy.org.
4. Risk of Loss
All purchases of merchandise sold on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such merchandise passes to You upon Provider’s delivery of the merchandise to the carrier. Provider carefully packs products for safe shipping and checks the carriers’ reliability and punctuality. However, Provider cannot guarantee that any damage to, or delay in the shipping of, merchandise offered by Provider will not occur and You agree that Provider is not responsible or liable for any such damage or delay.
5. Product Descriptions
Provider attempts to make its merchandise descriptions as accurate as possible. However, Provider does not warrant that the product descriptions or any other content on the Website is accurate, complete, reliable and current or error free. If a product offered by Provider is not as described, your sole remedy is to return it in unused condition.
In the event that merchandise is mistakenly listed at an incorrect price, Provider reserves the right to refuse or cancel any orders placed for merchandise listed at the incorrect price. Provider reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is cancelled, Provider shall issue a credit to Your credit card account in the amount of the incorrect price.
6. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of the Website, services, and Materials is at Your sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively “Providers”), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website.
A. Disclaimer of Warranties.
THIS WEBSITE IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability.
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER’S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue Your use of this Website.
7. Third Party Links.
This Website contains links to other websites and may forward users to other websites within the same Internet browser window. These websites are not under the control of Provider, and the existence of a link on the Website does not imply any endorsement of the linked websites by Provider or any affiliation between Provider and the owners of the linked websites. Provider makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree that Provider has no responsibility to You with respect to such material. Provider encourages You to examine the privacy policies and/or terms of use policies of any third party website.
8. Blogs, Forums & Other Interactive Services or Areas
The Website may include discussion forums or other interactive areas or services, such as blogs, chart rooms, bulletin boards, or other areas or services in which You or other parties create, post or store any content, messages, comments, materials or other items on the Website (“Interactive Areas”). You are solely responsible for Your use of the Website’s Interactive Areas and use them at Your own risk. By using any Interactive Areas, You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
a. Any messages, comments, data, information, text, documents, audio recordings, video recordings, audiovisual recordings, musical works, photographs, graphics, pictures, code, software or other works, content or materials (“User Content”) that are unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive, harassing, threatening, tortious, invasive of another’s privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable (as determined by Provider in its sole discretion);
b. User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that You do not have the right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property, content or proprietary right of any party. By posting User Content, You represent and warrant that You have the lawful right to transmit, distribute, reproduce and display such User Content;
e. User Content that falsifies or deletes another’s attributions, legal notices or proprietary designations;
f. User Content that impersonates any person or entity (including, without limitation, a director, officer, employee, shareholder, agent or representative of Provider) or falsely states or otherwise misrepresents Your affiliation with Provider, or any other person or entity;
g. Unsolicited or unauthorized advertising, campaign or promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of commercial solicitation;
h. Private information of any other party, including, without limitation, phone numbers, postal addresses, email addresses, social security information, credit and debit card information and other financial institution account information;
i. User Content “stalking” or otherwise harassing another user of the Website or an employee, volunteer, intern or board member of Beacon of Hope Crisis Center or any of its affiliates;
j. User Content that disrupts the Website or the servers or networks connected to the Website or collects or stores or attempts to collect or store personal data about the Website’s;
k. Software viruses, corrupted data, or other harmful, disruptive or destructive software, computer code, files or programs; and
l. User Content that, in the sole judgment of Provider is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the Website, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Provider or its users to any harm or liability of any type.
Provider takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by You or any other party, or for any loss or damage thereto, nor is Provider liable for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity You may encounter. You understand that Your use of the Website and any Interactive Areas is at Your own risk and may expose You to User Content that is offensive or objectionable. Provider is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
Although Provider has no responsibility for the contents of any User Content posted in any Interactive Area, You agree to grant to Provider the unrestricted, unconditional, unlimited, worldwide, irrevocable, royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, publicly perform and create derivative works from or otherwise exploit in any manner whatsoever, all or any portion of Your User Content to which You have contributed, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity and without any compensation to You. You agree not to delete or revise any User Content posted by any other party.
Provider reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content You post or store on the Website at Your sole cost and expense. Any use of the Interactive Areas or other portions of the site in violation of the foregoing violates these Terms and Conditions of Use for the Website and may result in, among other things, termination or suspension of Your rights to use the Interactive Areas and/or the Website. You acknowledge and agree that Provider may access, use or disclose any information about You or Your use of this Website, including, without limitation, any User Content, to comply with the law or any legal process, protect and defend the rights or property of Provider or to protect the safety of Provider’s company, employees, customers or the public.
Please be aware that any User Content You post on the Website becomes public information and can be collected and used by others and may result in Your receipt of unsolicited messages from third parties. Accordingly, we discourage You from posting on the Website any personal information that can be used to identify or locate You, such as Your addresses and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
9. Online Conduct.
You agree to use the Website and any e-mail services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancel bots or any other malicious or invasive code or program; or (viii) stalking or harassing another; (ix) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.
10. Circumvention.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions of Use or the Materials offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If Provider determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Website, then, in such an event, Provider reserves the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.
11. Termination.
These Terms and Conditions of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Website. Your access to the Website may be terminated immediately without notice from Provider if in Provider’s sole discretion You fail to comply with any term or provision of these Terms and Conditions of Use.
12. Security.
Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
Provider reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any information, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use.
13. Indemnification.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Materials, including any data or work transmitted or received by You or any service provider; (b) Your violation of these Terms and Conditions of Use; or (c) Your violation of any rights of a third party or service provider.
14. Arbitration.
Any dispute relating in any way to Your visit to this Website shall be submitted to confidential arbitration in Indianapolis, Indiana except that, to the extent You have in any manner violated or threatened to violate Provider’s intellectual property rights, Provider may seek injunctive, equitable, or other appropriate relief in any state or federal court and You consent to exclusive jurisdiction and venue in the states and federal courts in the State of Indiana. You and Provider agree that any Dispute between You and Provider shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“AAA”), using interpretations under Indiana law, and conducted under its Commercial Arbitration Rules and in accordance with its expedited hearing procedures, except as otherwise provided below. You and Provider will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator in Indianapolis, Indiana and will be limited solely to the Dispute between You and Provider. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions of Use or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms and Conditions of Use or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) this Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Provider; or (iii) any other dispute arising out of or relating to the relationship between You and Provider. Information may be obtained from the AAA online at www.adr.org, by calling 1-800-778-7879, or writing to 1633 Broadway, 10th Floor, New York, New York 10019.
15. Applicable Law/Jurisdiction.
By visiting the Website, even if accessed from a location outside the United States, You agree that the laws of the State of Indiana will govern these disclaimers, Terms and Conditions of Use and Privacy Policy, without giving effect to any principles of conflicts of laws. Provider reserves the right to make changes to its Website and these disclaimers, Terms and Conditions of Use or Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Indiana.
16. Waiver/Severability.
The failure of Provider to require or enforce strict performance by You of any provision of these Terms and Conditions of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions of Use, which shall continue to be in full force and effect.
17. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions of Use and/or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
18. Entire Agreement.
These Terms and Conditions of Use constitute the entire agreement between You and Provider with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions of Use or Privacy Policy will be effective only if in writing and signed by Provider.
The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect.
These Terms and Conditions of Use may be changed at any time.
© 2016 - Present | Beacon of Hope Crisis Center | All Rights Reserved
BEACON OF HOPE CRISIS CENTER IS COMMITTED TO YOUR PRIVACY.
We value your patronage and respect your privacy rights. As part of the normal operation of our services, we collect and, in some cases, may disclose information about you. We have created the following Privacy Policy to let you know what information we collect when you visit our website, why we collect it, and how it is used. This Privacy Policy applies to all information that you provide to Beacon of Hope Crisis Center (“us,” “we,” or “our”) and that we maintain electronically, whether you provide the information through our website located at www.beaconofhopeindy.org (the “Website”), or through other means. Additionally, this Privacy Policy applies to any Personal Information (defined below) obtained from your use of the Website. This Privacy Policy does not apply to any information that you may provide to third parties; for example, other sites linked to this Website. You should contact such third parties directly to determine their respective privacy policies.
This Privacy Policy is governed by our Terms and Conditions of Use. We may periodically make changes to this Privacy Policy. Minor changes to this Privacy Policy may be made without notice. However, we will notify you of any major changes to this Privacy Policy by posting the changes at the top of this page and the date of changes at the top of this page. We also will post notification of the changes on the main page of our Website, for at least seven days. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often. If you believe we have not adhered to this Privacy Policy or if you have any other questions regarding this Privacy Policy, please contact us at info@beaconofhopeindy.org.
WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND WHY?
We collect and maintain a variety of Personal Information about you to enable us to provide you with the best service. “Personal Information” is information about you by which you may be identified.
We collect your Personal Information when you provide it to us while visiting the Website, such as when you create an account, purchase our products, request information, post comments, or other areas of services in which you or other parties create, store or post any content messages, comments, materials or other items on the Website (“Interactive Areas”), or otherwise interact with this Website. The Personal Information we collect and maintain about you includes:
Your name
Your email address
Your phone number
Your mailing address
Your credit card billing address
Your credit card number
Please note, we collect and use your credit card information for purposes of processing and completing your transactions you enter into on our Website. Your credit card information will be disclosed to third parties only as necessary to complete the transaction. Once the transaction is completed, your credit card information will be purged from our system. Your credit card information will not be retained in any of our system files.
We only collect Personal Information that you voluntarily provide to us or voluntarily provide to our Partners (defined below) who share that information with us. We use your Personal Information for other things that may include, but are not limited to, the following:
Contacting You:
We use your Personal Information to communicate with you in the event we have any questions with regard to your online inquiry.
We may also contact you to tell you about products and services provided by us and/or our Partners.
Processing of Transactions:
We use your Personal Information to process your transactions for administrative purposes, such as merchandise order fulfillments.
Interactions:
Each time you interact with our Website, the details of your interaction are collected and retained.
Marketing Data:
You may have the opportunity to participate in demographic surveys and other marketing inquiries in an effort to further improve the use of the Website. Participation in these efforts is voluntary.
Use of IP Address:
IP addresses are numbers that are automatically assigned to your computer and if associated with other individually identifiable information, could be considered personal information. Your user IP address information is used only for our internal tracking purposes.
Use of Cookies:
Cookies are a standard technology used by commercial website services to store small pieces of information on your hard drive by sending a small string of text to your browser. They make your use of this Website more pleasing and efficient by personalizing your Website experience and gathering statistical data, such as which parts of the Website you have previously visited, what material you downloaded, your Internet provider’s domain name and country and the addresses of websites you visited immediately before and after our Website. They enable us to tailor the information you receive and to assist our Partners or other third party organizations with which we have strategic alliances by identifying you as our customer or Website user. Most web browsers automatically accept cookies, unless you have configured yours not to accept them. In order for us to provide you with services on our Website, your browser must accept cookies, as they are essential for site administration and security. We do not use cookies either to collect individually identifiable information or to collect non-individually identifiable information using a cookie that is combined with a personal identifier.
WHAT GENERAL INFORMATION DO WE COLLECT FROM YOU AND WHY?
“General Information” is information about you or your activities on our Website that does not identify you personally. When you use the Internet, your web browser or software may communicate certain information to the host website you visit. This information may include the unique number assigned to your server or Internet connection, the capabilities and features of your computer, your geographic location, and your movement and activity within a particular website. We collect the same information on our Website. We use this General Information to generate statistics about visitors to our Website.
HOW WE USE YOUR INFORMATION
1) The information we collect is used to (i) to respond to your inquiries; (ii) process your transactions for administrative purposes, such as merchandise order fulfillment; (iii) provide customer services and resolve any complaints; (iv) improve the Website and service and resolve any technical problems; (v) communicate with you concerning the services offered on the Website by us or any of our Partners; (vi) cross-reference with other Personal Information that we have acquired about you or may acquire about you through other sources; (vii) create aggregate data; (viii) communicate with you regarding certain products, services or promotions offered by us or our Partners, provided that you have not already opted out of receiving such communications; (ix) ensure compliance with the Privacy Policy and Terms and Conditions of Use; and (x) comply with any applicable laws and regulations. We may provide your information to government officials and agencies as required by law, and Partners as part of business operations, transaction processing, and marketing efforts, as identified below. For purposes of this Privacy Policy, “Partner” shall mean affiliates of Beacon of Hope Crisis Center.
DISCLOSURE OF INFORMATION WE COLLECT
Except as provided in this Privacy Policy; we will not sell, trade or disclose to third-parties any Personal Information obtained by us through this Website or from our Partners about you, without your consent. We may disclose Personal Information (i) to companies that help process the transactions you request, in order to protect your transactions from fraud and verify your identity; (ii) that we in good faith believe is necessary or appropriate to cooperate in investigations of fraud, intellectual property infringements or other activity that is illegal or may expose us or you to legal liability, or to conduct investigations of violations of the Website’s Terms and Conditions of Use; (iii) when required by law or to comply with a court order, subpoena, search warrant or other legal process; (iv) to comply with legal, regulatory or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Personal Information); (v) to protect and defend us, our subsidiaries and affiliates and any of their officers, directors, employees, attorneys, agents, contractors and partners, in connection with any legal action, claim or dispute; (vi) to prevent imminent physical harm; (vii) to share aggregated statistical or demographic data with our affiliates, business partners or for public relations (this aggregated information is not tied to Personal Information); (viii) to provide data, including Personal Information about you, with our Partners; (ix) to sell or otherwise provide to third parties in the event of a bankruptcy or liquidation; and (x) to sell or otherwise provide to third parties in the event of a future merger or acquisition by another company. In the event we merge or are acquired by another company, the successor company will have access to your Personal Information in order to continue to provide services, but would continue to be bound by this Privacy Policy unless and until it is amended as described in the subsection labeled “Changes to this Privacy Policy” below.
HOW WE PROTECT INFORMATION WE COLLECT
We offer secure web pages to collect certain kinds of user information and we store certain kinds of data in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored. Although no computer system is completely secure, we believe the measures implemented on our Website reduce the likelihood of security problems to a level appropriate to the type of data involved. We cannot ensure or warrant the security of any information that subscribers/visitors transmit to us.
HOW LONG WE KEEP USER INFORMATION
We generally keep user data collected on our server or in our archives for a period of 90 days. We may alter this practice according to changing requirements for example, we may delete some of the data if needed to free up storage space. We may keep other data for longer periods if the law requires it, in addition information posted in a public forum could stay in the public domain indefinitely.
Data management requests are administered in an orderly manner to the extent feasible and within our direct control. Please note that we have greater control over recently collected data than over archived data. Once data is removed from the system and archived, it may not be feasible to accommodate specific requests. In those cases, our general data retention policy applies.
PERSONAL CHOICE IN THE DISCLOSURE OF YOUR INFORMATION
If you do not want us to share your Personal Information with our Partners for marketing purposes, or if you do not want to receive certain communications and offers from us You can “opt-out” of such sharing, communications and offers by visiting www.beaconofhopeindy.org.
You may also call us at (317) 731-6131 or email us at info@beaconofhopeindy.org or write us at:
Beacon of Hope Crisis Center
Attn: CEO
7002 S. East Street
Indianapolis, IN 46227
If you believe that any Personal Information collected by us about you is not correct or has changed, please send an e-mail message to info@beaconofhopeindy.org explaining the correction or change and providing any relevant confirmation or reference number.
CHANGES TO THIS PRIVACY POLICY
By accessing this website, you agree to this privacy policy and terms of service. We reserve the right to change, modify or amend this privacy policy at any time. Notices will be posted notifying visitors when we make changes to our policy. We will also post notification of the changes on the main page of our website for a minimum of seven days. When this policy is changed modified or amended the revised policy will be posted on this website any revised policy will only apply prospectively to personal information collected or modified after the effective date of the revised policy. It is your responsibility to periodically check and review our privacy policy for changes.
IF YOU HAVE A PRIVACY QUESTION
If you have a privacy question about this Website, please email us at info@beaconofhopeindy.org, or write us at:
Beacon of Hope Crisis Center
Attn: CEO
7002 S. East Street
Indianapolis, IN 46227
TERMS AND CONDITIONS OF USE
Welcome to the Beacon of Hope Crisis Center Website (“Website”) and thank you for reviewing the Terms and Conditions of Use. Beacon of Hope Crisis Center (“Provider”) makes this Website, including all information, documents, communications, files, text, graphics, software, photographs, video, audio/visual files, and any other copyrightable materials owned by Provider (collectively, the “Materials”) available for your use subject to the Terms and Conditions of Use set forth below. The Terms and Conditions of Use spell out what you can expect from Provider and what Provider can expect from you.
1. Acceptance of Terms and Conditions of Use.
By using this Website, you (“You” or “Your”) accept and agree to all terms, conditions and notices contained or referenced on the Website (“Terms and Conditions of Use”). Please read the following Terms and Conditions of Use carefully. If You do not agree to the Terms and Conditions of Use, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Materials from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions of Use.
Provider reserves the right to change the Terms and Conditions of Use at any time. Provider will post the changes on this page and the date of the changes at the top of this page. Provider also will post notification of the changes on the main page of the Website, for at least seven days. Your continued use of this Website following such changes signifies Your acceptance of those modifications. If You do not agree to the changes, Your sole remedy is to cease using the Website. If You breach any of the Terms and Conditions of Use, Your authorization to use this Website automatically terminates.
2. Your Account, User Name and Password
You may be required to set up an account in order to access certain areas of the Website. You must be 18 years of age or older to register for an account and only one (1) account is allowed per person.
You are solely responsible for maintaining the security and confidentiality of Your account and any password You use to access the Website and You agree not to transfer Your password, user name, account or the use of Your account, to any third party. You are also solely responsible for all interactions with the Website that occur in association with Your password or user name. You agree to immediately notify Provider at the following email address, info@beaconofhopeindy.org, or by telephone, (317) 731-6131, of any unauthorized use of Your password or user name or any other breach of security related to Your account or the Website and to “log off” from Your account (if applicable) at the end of each session. Provider is not liable for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
All registration and billing information provided must be true and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms and Conditions of Use. By confirming Your purchase at the end of the checkout process, You agree to accept and pay for the item(s) requested. Provider reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders at Provider’s sole discretion.
3. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Materials and the compilation of all content included on this Website are owned or licensed by Provider and protected by United States and international copyright laws. Copyright © 2016 - Present | Beacon of Hope Crisis Center | All Rights Reserved. Provider does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Materials subject to these Terms and Conditions of Use. Unless otherwise specified, the Materials on this Website are for Your personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed upon by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of Your claim to Provider’s Designated Agent listed below. For Your notice to be effective, it must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) A description of the copyrighted work that You claim has been infringed upon;
(3) A description of where the material that You claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
(5) A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provider’s Designated Agent is:
Beacon of Hope Crisis Center
Attn: CEO
7002 S. East Street
Indianapolis, IN 46227
info@beaconofhopeindy.org
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
C. Trademarks.
Provider owns trademarks for its many goods and services, including, without limitation, BEACON OF HOPE CRISIS CENTER and the associated graphics, logos and service marks are trademarks of Provider and may not be used without prior written consent of Provider. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
D. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Provider in connection with Your use of this Website shall be the exclusive property of Provider. You agree that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
3. Privacy and Protection of Personal Information.
Provider respects the privacy of visitors to the Website. Please see Provider’s Privacy Policy relating to the collection and use of Your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which Provider collects, uses and discloses Your personally identifiable information, is incorporated and made part of these Terms and Conditions of Use. If You do not agree to each and every part of Provider’s Privacy Policy, then You should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to Provider via e-mail at info@beaconofhopeindy.org.
4. Risk of Loss
All purchases of merchandise sold on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such merchandise passes to You upon Provider’s delivery of the merchandise to the carrier. Provider carefully packs products for safe shipping and checks the carriers’ reliability and punctuality. However, Provider cannot guarantee that any damage to, or delay in the shipping of, merchandise offered by Provider will not occur and You agree that Provider is not responsible or liable for any such damage or delay.
5. Product Descriptions
Provider attempts to make its merchandise descriptions as accurate as possible. However, Provider does not warrant that the product descriptions or any other content on the Website is accurate, complete, reliable and current or error free. If a product offered by Provider is not as described, your sole remedy is to return it in unused condition.
In the event that merchandise is mistakenly listed at an incorrect price, Provider reserves the right to refuse or cancel any orders placed for merchandise listed at the incorrect price. Provider reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is cancelled, Provider shall issue a credit to Your credit card account in the amount of the incorrect price.
6. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of the Website, services, and Materials is at Your sole risk. Neither Provider nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider (collectively “Providers”), or the like, warrant that websites affiliated with Providers, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website.
A. Disclaimer of Warranties.
THIS WEBSITE IS PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability.
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER’S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue Your use of this Website.
7. Third Party Links.
This Website contains links to other websites and may forward users to other websites within the same Internet browser window. These websites are not under the control of Provider, and the existence of a link on the Website does not imply any endorsement of the linked websites by Provider or any affiliation between Provider and the owners of the linked websites. Provider makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree that Provider has no responsibility to You with respect to such material. Provider encourages You to examine the privacy policies and/or terms of use policies of any third party website.
8. Blogs, Forums & Other Interactive Services or Areas
The Website may include discussion forums or other interactive areas or services, such as blogs, chart rooms, bulletin boards, or other areas or services in which You or other parties create, post or store any content, messages, comments, materials or other items on the Website (“Interactive Areas”). You are solely responsible for Your use of the Website’s Interactive Areas and use them at Your own risk. By using any Interactive Areas, You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
a. Any messages, comments, data, information, text, documents, audio recordings, video recordings, audiovisual recordings, musical works, photographs, graphics, pictures, code, software or other works, content or materials (“User Content”) that are unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive, harassing, threatening, tortious, invasive of another’s privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable (as determined by Provider in its sole discretion);
b. User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that You do not have the right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property, content or proprietary right of any party. By posting User Content, You represent and warrant that You have the lawful right to transmit, distribute, reproduce and display such User Content;
e. User Content that falsifies or deletes another’s attributions, legal notices or proprietary designations;
f. User Content that impersonates any person or entity (including, without limitation, a director, officer, employee, shareholder, agent or representative of Provider) or falsely states or otherwise misrepresents Your affiliation with Provider, or any other person or entity;
g. Unsolicited or unauthorized advertising, campaign or promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of commercial solicitation;
h. Private information of any other party, including, without limitation, phone numbers, postal addresses, email addresses, social security information, credit and debit card information and other financial institution account information;
i. User Content “stalking” or otherwise harassing another user of the Website or an employee, volunteer, intern or board member of Beacon of Hope Crisis Center or any of its affiliates;
j. User Content that disrupts the Website or the servers or networks connected to the Website or collects or stores or attempts to collect or store personal data about the Website’s;
k. Software viruses, corrupted data, or other harmful, disruptive or destructive software, computer code, files or programs; and
l. User Content that, in the sole judgment of Provider is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the Website, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Provider or its users to any harm or liability of any type.
Provider takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by You or any other party, or for any loss or damage thereto, nor is Provider liable for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity You may encounter. You understand that Your use of the Website and any Interactive Areas is at Your own risk and may expose You to User Content that is offensive or objectionable. Provider is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
Although Provider has no responsibility for the contents of any User Content posted in any Interactive Area, You agree to grant to Provider the unrestricted, unconditional, unlimited, worldwide, irrevocable, royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, publicly perform and create derivative works from or otherwise exploit in any manner whatsoever, all or any portion of Your User Content to which You have contributed, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity and without any compensation to You. You agree not to delete or revise any User Content posted by any other party.
Provider reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content You post or store on the Website at Your sole cost and expense. Any use of the Interactive Areas or other portions of the site in violation of the foregoing violates these Terms and Conditions of Use for the Website and may result in, among other things, termination or suspension of Your rights to use the Interactive Areas and/or the Website. You acknowledge and agree that Provider may access, use or disclose any information about You or Your use of this Website, including, without limitation, any User Content, to comply with the law or any legal process, protect and defend the rights or property of Provider or to protect the safety of Provider’s company, employees, customers or the public.
Please be aware that any User Content You post on the Website becomes public information and can be collected and used by others and may result in Your receipt of unsolicited messages from third parties. Accordingly, we discourage You from posting on the Website any personal information that can be used to identify or locate You, such as Your addresses and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
9. Online Conduct.
You agree to use the Website and any e-mail services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancel bots or any other malicious or invasive code or program; or (viii) stalking or harassing another; (ix) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.
10. Circumvention.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions of Use or the Materials offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If Provider determines, in its sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Website, then, in such an event, Provider reserves the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.
11. Termination.
These Terms and Conditions of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Website. Your access to the Website may be terminated immediately without notice from Provider if in Provider’s sole discretion You fail to comply with any term or provision of these Terms and Conditions of Use.
12. Security.
Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
Provider reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any information, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use.
13. Indemnification.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Materials, including any data or work transmitted or received by You or any service provider; (b) Your violation of these Terms and Conditions of Use; or (c) Your violation of any rights of a third party or service provider.
14. Arbitration.
Any dispute relating in any way to Your visit to this Website shall be submitted to confidential arbitration in Indianapolis, Indiana except that, to the extent You have in any manner violated or threatened to violate Provider’s intellectual property rights, Provider may seek injunctive, equitable, or other appropriate relief in any state or federal court and You consent to exclusive jurisdiction and venue in the states and federal courts in the State of Indiana. You and Provider agree that any Dispute between You and Provider shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“AAA”), using interpretations under Indiana law, and conducted under its Commercial Arbitration Rules and in accordance with its expedited hearing procedures, except as otherwise provided below. You and Provider will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator in Indianapolis, Indiana and will be limited solely to the Dispute between You and Provider. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions of Use or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms and Conditions of Use or Privacy Policy, whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to: (i) this Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Provider; or (iii) any other dispute arising out of or relating to the relationship between You and Provider. Information may be obtained from the AAA online at www.adr.org, by calling 1-800-778-7879, or writing to 1633 Broadway, 10th Floor, New York, New York 10019.
15. Applicable Law/Jurisdiction.
By visiting the Website, even if accessed from a location outside the United States, You agree that the laws of the State of Indiana will govern these disclaimers, Terms and Conditions of Use and Privacy Policy, without giving effect to any principles of conflicts of laws. Provider reserves the right to make changes to its Website and these disclaimers, Terms and Conditions of Use or Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the State of Indiana.
16. Waiver/Severability.
The failure of Provider to require or enforce strict performance by You of any provision of these Terms and Conditions of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions of Use, which shall continue to be in full force and effect.
17. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, Terms and Conditions of Use and/or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
18. Entire Agreement.
These Terms and Conditions of Use constitute the entire agreement between You and Provider with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions of Use or Privacy Policy will be effective only if in writing and signed by Provider.
The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect.
These Terms and Conditions of Use may be changed at any time.
© 2016 - Present | Beacon of Hope Crisis Center | All Rights Reserved