Privacy & Terms
TERMS OF USE
Hope In The One was incorporated on February 1, 2022. It is an independent Texas non-profit corporation, a public charity as described in Section 501(c)(3) of the Internal Revenue Code, and is qualified to receive tax-deductible contributions under Section 170(b)(1)(A)(vi) of the Internal Revenue Code.
Hope In The One (“Hope”) is pleased to provide to you its site, software, applications and content (“Hope Content”). These terms govern your use and our provision of the Hope Content on which these terms are posted, as well as Hope Content we make available on any third-party sites and platforms if these terms are disclosed to you in connection with your use of the Hope Content. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE HOPE CONTENT.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
- Contract between You and Us
This is a contract between you and Hope In The One, a Texas nonprofit corporation, or between you and any different content provider identified for particular Hope Content. You must read and agree to these terms before using the Hope Content. If you do not agree, you may not use the Hope Content. These terms describe the limited basis on which the Hope Content is available and supersede prior agreements or arrangements.
We may amend these terms. Any such amendment will be effective thirty (30) days following our posting of the amendment on the Hope Content. If you do not agree to any change to these terms, you must discontinue using the Hope Content. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the Hope Content) if you fail to comply with any provision of these terms.
- The Hope Services
The Hope Content is for your personal, noncommercial use and is intended for informational purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
The Hope Content is our property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Hope Content is owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Hope Content may be used or exploited in any way other than as part of the Hope Content offered to you. You may own the physical media on which elements of the Hope Content is made accessible to you, but we retain full and complete ownership of the Hope Content. We do not transfer title to any portion of the Hope Content to you.
Content and Software License
If Hope Content is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any Hope Content; decompile, reverse engineer, disassemble or otherwise reduce any Hope Content to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Hope Content in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Hope Content in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Hope Content, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
THE HOPE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Changes to the Hope Content
The Hope Content is constantly updating and will change over time. If we make a material change to the Hope Content, we will provide you with reasonable notice and you will be entitled to terminate this contract.
Additional Restrictions on Use of the Hope Content
We do not allow uses of the Hope Content that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Hope Content or connected network, or interfere with any person or entity’s use or enjoyment of any Hope Content. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify Hope Content or game experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy any element of the Hope Content using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
The Hope Content may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content.
If you access Hope Content using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Hope Content. You agree that your access to the Hope Content using these devices shall also be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
Mobile Networks
When you access the Hope Content through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Hope Content may be prohibited or restricted by your network provider and not all Hope Content may work with your network provider or device.
- Your Content and Account
User Generated Content
The Hope Content may allow you, the user, to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content that you have created (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Hope Content and on third-party sites and platforms such as Facebook, YouTube, Twitter, and others), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through Hope Content, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Accounts
Some Hope Content may permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of our Terms of Use. In addition, we may suspend or terminate your account and your ability to use the Hope Content if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your personal information, including any usernames and passwords, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your personal information, or of any other breach of security that you become aware of involving the Hope Content.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
- Additional Provisions
Submissions and Unsolicited Ideas Policies
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation, or consideration of any type.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or the Hope Content shall be filed, and that venue properly lies, only in the state or federal courts located in Texas, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of Texas and the laws of the United States, without giving effect to any conflict of law principles.
Binding Arbitration and Class Action Waiver
You and Hope agree to arbitrate all disputes between you and Hope In The One or its affiliates, except disputes relating to the enforcement of Hope In The One or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Hope Content or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a dispute, you or Hope must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to info@hopeintheone.org. We will send any notice of dispute to you at the contact information we have for you. You and Hope will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Hope do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in Dallas County, Texas, United States of America, and you and Hope agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Hope will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Severability
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Survival
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
Waiver
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
WEBSITE PRIVACY POLICY
Hope In The One (Hope, we, us, or our) has created this Website Privacy Policy to assure visitors that we are concerned about, and respect your privacy, while visiting our website. Hope will not provide your Personally Identifiable Information, including your e-mail address, to anyone except our supporting organizations. Except as otherwise provided in this Privacy Policy, we will keep your Personally Identifiable Information private and will not share it with third parties, unless such disclosure is approved by you in writing or is necessary to comply with a court order or other legal process; protect our rights or property; protect the safety and security of our other visitors; or enforce our Terms and Conditions. We will endeavor to assure that information you provide to us will remain secure. We want you to feel safe in your online experience while visiting our site. We therefore request that you take a moment to review the following information.
On our website there are a variety of ways to interact with us that may require or request your Personally Identifiable Information.
Unsubscribing to E-mail Hope wants to make it easy to unsubscribe to e-mails we send to you. Just look for the “Unsubscribe” link at the bottom of any e-mail we send and follow the instructions there. You can unsubscribe at any time for any reason. In addition, you may contact us at the address or phone number provided using the Contact link.
Collection of Information
We sometimes ask that you provide us with Personal Information while online. The type of Personally Identifiable Information we collect typically corresponds directly to a request you make. For instance, you may make donations, offer thoughts, or request resources. We also use this information internally to improve our site. If you provide Personally Identifiable Information to us, we understand that to mean that you consent to our retaining and using such information as stated in this Privacy Policy.
Types of Information Collected
Traffic Data
We automatically track and collect “Traffic Data,” including your computer’s IP address, domain server, type of computer, and type of web browser when you visit our site.
We also maintain logs of the specific details of your activity on our site (e.g., how long you were signed on, the pages you visited and when a particular link is clicked).
Traffic Data is anonymous information that does not personally identify you.
Personal Information
In order for you to access Hope Content that we offer on the website, we sometimes require you to provide us with Personally Identifiable Information that may include:
(i) Contact Data (such as your name, mailing and e-mail addresses);
(ii) Financial Data (such as your account or credit card number); and
(iii) Demographic Data (such as your zip code).
Surveys
From time to time our site may request information from users via surveys. Participation is completely voluntary. Information requested may include demographic information (such as age and zip code).
Information gathered from polls or surveys are only for our internal use. We may post sample answers to polls or surveys on the website, but we do not include personally identifiable information in those sample answers.
Uses of Information Collected
If you request information related to our purpose or content, or seek to obtain promotional material, or request that we contact you, we will use your Contact Data to do such things.
We may use your Demographic Data to customize and tailor your experience on the website, such as displaying content that we think would interest you, or to monitor and improve the use of our website and improve user satisfaction.
We use Traffic Data for monitoring and improving the use of our site and the satisfaction of visitors to our site.
Cookies
In addition to collecting information, sometimes we place a file, referred to as a “cookie,” on your computer in temporary internet file space. These files do not contain your Personally Identifiable Information. Browsers typically recognize when a cookie has been sent to your computer and, if you have set your browser, gives you the option to refuse or allow it. We can access cookies later in your session or in a later visit to our site in order to improve your visit to our site, as in the following examples:
Account Registration
When you make a request we require that you provide certain information to complete your transaction. This information is used to create a unique account. Following account registration and login, a cookie is used to automatically identify you as a registered user when you are browsing Hope Content.
Sharing of Information
We do not share your Contact Data with third parties except those who are providing services to us, such as a mailing service. Even then, we carefully screen those whom we use to provide such services. At Hope, we treat such information, and more importantly your trust in providing it, very seriously.
We may share Demographic Data and Traffic Data, with advertisers and other third parties. The data that we share is not personally identifiable, and is mixed with similar data from others.
User Choice Regarding Collection, Use and Distribution of Personally Identifiable Information
You may choose not to provide us with any Personally Identifiable Information. If so, you can still access and use much of our site; however you will not be able to access and use those portions of the site that require your Personally Identifiable Information. If you do not wish to receive information we provide, you may opt-out any time we ask you for Personally Identifiable Information.
Security
Your Personally Identifiable Information is stored on secure servers. We provide you with the capability through encryption technology to transmit your Personally Identifiable Information from your computer to our ecommerce system if your web browser has that capability.
At times we use password protection to protect your privacy and security and to limit the visitors to various portions of our site to those who we intend to grant such access.
SECURITY AND DISCLAIMERS. Hope always uses industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. Hope has implemented appropriate security measures in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, we cannot guarantee or warrant the security of any information you transmit to or from our website, and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our systems. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, HOPE SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTION OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A USER OR VISITOR, EVEN IF HOPE HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOPE DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY USER OR VISITOR SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH USER OR VISITOR IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN INFORMATION.
EACH USER OR VISITOR SHOULD BE AWARE THAT HOPE IS NOT RESPONSIBLE FOR DELAY, NON-DELIVERY OR NON-RECEIPT OF ANY INFORMATION EXCHANGED BETWEEN HOPE AND THE USER OR VISITOR OR VICE-VERSA DUE TO INTERNET CONNECTIVITY PROBLEMS, MAN-MADE OR NATURAL DISASTERS, FORCE MAJEURE, COMPUTER MALFUNCTIONS OR INCORRECT CONTACT INFORMATION SUPPLIED BY THE USER OR VISITOR.
HOPE COOPERATES WITH INQUIRIES FROM LAW ENFORCEMENT AGENCIES AND WILL ASSIST IN ATTEMPTING TO IDENTIFY A USER OR VISITOR WHEN HOPE IS REQUIRED BY LAW TO DO SO OR WHEN HOPE, IN THE EXERCISE OF ITS JUDGMENT, DETERMINES IT IS NECESSARY TO PROTECT ITSELF, ITS WEBSITE, SERVICES, CUSTOMERS AND OTHERS.
Contact Us to Update and Correct Personally Identifiable Information
If you need to update, change or delete your Personally Identifiable Information, please email your notification to info@hopeintheone.org.
Questions or Suggestions
Please direct all questions or suggestions regarding this privacy policy to info@hopeintheone.org.
Lost or Stolen Information
You must promptly notify us if your personal information, including personal or financial data, is lost, stolen or used without permission. In such an event, we will cancel that personal information and update our records accordingly with new personal information provided by you.
Other Limits to Your Privacy
This Website may provide links to external Websites maintained by individuals or organizations external to Hope. Once you access information that links you to another site, you become subject to the privacy policy of that site rather than ours. We are not responsible for the privacy practices or the content of such websites.
We may also provide you the opportunity to submit information for posting on our site. Please understand that any information that is disclosed in these areas becomes generally available to the public. We have no control over its use and you should exercise caution when making a submission, especially if it includes Personally Identifiable Information.
Updates and Changes to Privacy Policy. We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, simply by posting such change, update or modification on our website. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any such change, update or modification will be effective immediately upon posting on the website.
— Last updated on September 1, 2022.
GENERAL DISCLAIMER
Information, resources, and products provided by Hope In The One (HITO), whether in print or electronic forms, and/or as part of any direct or affiliated website, Learning Management System, or social media platform, are general in nature and are not intended to provide or be a substitute for advice, consultation or treatment with a duly licensed mental health practitioner or other medical professional. Alert: Given the sensitive nature regarding many of the topics and issues that HITO addresses, individuals should be aware of potential emotional and/or psychological reactions that may arise due to current or past traumatic experiences, and therefore take any appropriate precautions to safeguard one’s overall wellbeing. The information and content is intended to provide practical faith-based encouragement for balanced living and is not a replacement for medical advice. Professional services should be pursued whenever necessary and/or appropriate. By utilizing any HITO information and content, individuals acknowledge that HITO is not providing direct clinically-oriented mental health treatment or therapy, and that such usage does not create or constitute a therapeutic relationship between any individual and HITO. As a condition to such use, every person who uses HITO’s information or content agrees to defend, indemnify, and hold harmless HITO and its licensees, affiliates, and assigns, as well as the officers, agents, and employees of HITO and its licensees, affiliates, and assigns, from and against any and all claims, liabilities, losses, damages, costs, charges, causes of action, suits, fees, recoveries, judgments, penalties, and expenses (including reasonable attorneys’ fees and expenses), which may be made against, imposed upon, or suffered by HITO as a result of, related to, or in connection with, such use. Additionally, certain views and opinions that might be expressed in such information, resources or products may be those from sources other than HITO and do not necessarily represent the views of HITO nor imply an endorsement by HITO.