Terms & Conditions
Welcome to Hope Hub! The Hope Hub Web site, currently located at http://www.hopehub.com, (the "Site"), is provided by Hope Hub, Inc. ("Hope Hub"). BY USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (THE "TERMS"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THE SITE.
Hope Hub may from time to time amend these Terms by updating this Web page. The amended Terms shall automatically be effective thirty (30) days after they are initially posted on our Site. Hope Hub may also add to, delete or change the Site, or any portion thereof, including any feature, product or service offered on or through the Site, at any time, without notice. Your use of our Site following any amendment to the Terms constitutes your agreement to follow and be bound by the Terms, as amended. If any amendment to the Terms or the Site is unacceptable to you, your only recourse is to terminate your use of the Site. Except as specifically provided herein, the Terms may not be otherwise amended except in a writing signed by Hope Hub.
ELIGIBILITY
The Site and the products and services available on or through the Site are only available to entities and individuals who can enter into and be bound by legal contractual obligations under applicable law. Without limiting the foregoing, the Site and the products and services available on or through the Site are only available to people eighteen years of age or older. If you do not qualify, please do not use our Site.
THE ORDERING PROCESS
Hope Hub makes donations to charities designated by the Users based on commission fees generated by the Users purchases. The amount of the commission will be in accordance with Hope Hub's policy and its' agreements with stores in effect at the time a purchase is made. Users must designate their charity of choice prior to following the link to the store's site to ensure the charity receives credit. Users are not authorized to make any representations or warranties to any charity or cause regarding the donations or the Hope Hub service.
To generate a donation, a User must select a charity, follow the link on the Site to the store, make a purchase, accept delivery and make payment to the store. The amount of the donations depend on the store and a variety of other factors, including but not limited to Hope Hub's agreement with each store, and may vary depending on the item purchased.
User understands that disbursement of donations to the selected charity is contingent on receipt by Hope Hub of payment of the applicable commission from the store.
Stores are responsible for all aspects of order processing, fulfillment, billing and customer service. Hope Hub is not a party to the transactions entered into between Users and stores.
FRAUD
You understand that the economic basis of the Site is delivering real transactions to our stores. Any action by you that Hope Hub determines, in its' sole and absolute discretion, undermines that basis may result in forfeit of all donations earned, and may subject you to substantial personal legal liability. Hope Hub reserves the right, without limiting any other remedies, to remedy any such action, fraud, disruption or circumvention of the Site and/or its intended use without notice and in any manner, determined solely by Hope Hub, that is fair and equitable to other users, stores, advertisers, and nonprofits.
YOUR COMMENTS
We appreciate your comments, remarks, feedback, suggestions, ideas and other submissions you disclose or transmit to us (collectively, "Comments"). You grant Hope Hub and its' affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name and any related copyrights, moral rights or other intellectual property rights in any medium now or hereafter known.
DISCLAIMER
THE SITE, ITS' CONTENTS AND ALL INFORMATION, PRODUCTS AND SERVICES PROVIDED ON OR OFFERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. HOPE HUB SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY MATTER ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE, OR YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES FROM OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OF TRADE, OR PERFORMANCE. BY WAY OF EXAMPLE ONLY AND WITHOUT ANY LIMITATION TO THE FOREGOING, HOPE HUB MAKES NO WARRANTY OR GUARANTEE OF ANY KIND THAT THIS SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE ACCESSIBLE, TIMELY, SECURE, OR OPERATE WITHOUT ERROR. HOPE HUB RESERVES THE RIGHT TO AGGREGATE DONATIONS DUE CHARITIES AND PROVIDE A PROPORTIONAL AMOUNT THEREOF TO EACH APPLICABLE CHARITY, IN ITS' SOLE AND ABSOLUTE DISCRETION. ALTHOUGH HOPE HUB ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THIS SITE, HOPE HUB ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. HOPE HUB MAY MAKE CHANGES TO THE STORES, PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED ON THE SITE, AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL HOPE HUB BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATED IN ANY WAY TO THESE TERMS, THE SITE, THE USE OF OR INABILITY TO USE THE SITE, TRANSACTIONS BETWEEN YOU AND A STORE, ANY INFORMATION APPEARING ON A STORE SITE, THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE FROM OR THROUGH THE SITE, OR FOR FAILURE TO MAKE DONATIONS TO THE DESIGNATED CHARITY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF HOPE HUB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWINGLY MADE. Some jurisdictions do not allow these limitations of liability, so the foregoing limitations may not apply to you.
LINKS TO THIRD-PARTY SITES
The Site contains links to Web sites operated by parties other than Hope Hub. Such links are provided as a convenience for our users. Hope Hub does not operate or control such Web sites or any information, products or services on such sites and is not responsible for such sites, their contents or the use of any personal information you may provide on such site. Hope Hub's inclusion of links to such Web sites should not be construed by you as an endorsement or sponsorship of the Web site or any products, services or information offered at such sites. You agree that your access or use of any such linked site is at your own risk.
RECIPIENT ORGANIZATIONS
Hope Hub may, in its sole and absolute discretion, refuse any advertiser, advertisements, or recipient organization or individual for any reason whatsoever.
No listing of a store, nonprofit or other organization at the Site should be deemed an endorsement of the products or services provided by such store nor an endorsement of the charity promoted by any such nonprofit or other organization. All listings are solely for the convenience of our users.
Hope Hub has no relationship whatsoever with any charities and makes no representations or warranties whatsoever with respect to the success of any fundraising efforts which may be attained through use of our Site.
Donations are sent to charities monthly, 75 days in arrears. However, in no case does Hope Hub send donations to a charity until at least twenty-five dollars ($25US) in donations have accrued to the charity since the last payment to the charity.
Hope Hub may, but shall not be obligated to, provide you with a copy of its records showing the donations sent to your charity on an aggregate basis, upon written request from you.
STORES
Hope Hub may, in it sole and absolute discretion, add, remove or otherwise change the stores available through the Site. Hope Hub makes no representation, warranty or guarantee of any kind that any particular store will be available at all times or that stores will not change.
You are subject to the limitations and rules of the store whose products or services you purchase. Hope Hub is not responsible for any restrictions or terms and conditions of any store.
Hope Hub is not responsible for stores that are no longer in business or that change their location(s). Hope Hub does not assume responsibility or liability of any kind for the actions, products, services, or content of any store.
TAXES
Hope Hub provides a service to its users and not to any nonprofit organization or charity. Hope Hub has no responsibility or liability with respect to any taxes arising out of or related to your use of the Site. Any and all taxes arising out of or related to your purchases on or through the Site and/or the donation to your specified charity, is your sole responsibility and the responsibility of your selected charity.
Hope Hub is not qualified to offer tax advice on the deductibility of any donation made through purchases on our Site.
PROPRIETARY RIGHTS
You acknowledge that all content included on this Site, such as text, graphics, logos, button icons, images, photographs, audio clips, data, typefaces, designs, and software (which includes HTML code), is owned exclusively by Hope Hub and/or its suppliers and is protected by United States and international copyright, trademark and service mark laws. All rights reserved. The content on this Site may be used solely for your personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication or display of the content on this Site is strictly prohibited.
INDEMNITY
You agree to indemnify and hold Hope Hub, its' affiliates and its' and their respective officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including but not limited to, attorneys' fees, arising from or related to your use of the Site or your violation of these Terms.
PRIVACY POLICY
It is our policy to respect the privacy of individuals who visit the Site. Our privacy policy, which you may view through the "Privacy" link located at the bottom of our home page (the "Privacy Policy"), is incorporated herein by reference. By accepting these Terms you expressly consent to the use and disclosure of your personal information as described in the Privacy Policy.
ARBITRATION
Any claim, dispute or controversy of whatever nature (including without limitation, any action or claim based on tort, contract or statute) arising out of or relating to these Terms, your use of our Site or the purchase or use of products or services offered on or through this Site (excluding legal action taken by Hope Hub to collect amounts due from you and/or to recover damages for, or obtain an injunction relating to, the Site operations, intellectual property, or its products or services), shall be settled by binding arbitration before a single arbitrator (the "Arbitrator") selected from and administered by JAMS in accordance with its then existing arbitration rules or procedures regarding commercial or business disputes. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, without Hope Hub's prior express written consent to such consolidation. The arbitration shall be conducted in Denver, Colorado, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may each seek any interim or preliminary relief from a court of competent jurisdiction in Denver, Colorado necessary to protect our rights or property pending the completion of arbitration. Should either of us file an action contrary to this provision, the other may recover attorney's fees and costs up to $1000.00.
The Arbitrator shall, within fifteen (15) calendar days after the conclusion of the arbitration hearing, issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The Arbitrator shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief he or she deems just and equitable and within the scope of these Terms, including, without limitation, an injunction or order for specific performance. The Arbitrator shall NOT be authorized to (i) award punitive damages or (ii) reform, modify or materially change these Terms. Each of us shall bear our own attorney's fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator; provided, however, that the Arbitrator shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorneys' fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the Arbitrator.
By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim between you and Hope Hub were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this provision, the right to a jury trial, certain rights of appeal, and a right to invoke formal rules of procedure and evidence.
GENERAL PROVISIONS
These Terms are governed by and shall be construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of law. 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. The failure of Hope Hub to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or of any other right or provision. These Terms are effective unless and until terminated by Hope Hub. Hope Hub may make any notice required under these Terms to you by posting information on the Site. You shall provide notice required by these Terms by certified mail, return receipt requested, such notice to be effective upon receipt by Hope Hub. These Terms constitute the entire agreement between you and Hope Hub and supersede and replace any prior agreements, whether written or oral, between you and Hope Hub.