Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the Hopes Giver website located at www.hopesgiver.com and all associated sites linked to it by Hopes Giver, its subsidiaries, and affiliates (collectively, the "Site"). The Site is the property of Hopes Giver and its licensors. By using the Site, you agree to these Terms of Use. If you do not agree, please refrain from using the Site.

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Hopes Giver reserves the right to modify these Terms at its sole discretion at any time. Your continued use of the Site after changes are posted constitutes your acceptance of those changes. As long as you comply with these Terms, Hopes Giver grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

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Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content") on the Hopes Giver website (the "Site") is owned, controlled, or licensed by or to Hopes Giver and is protected by copyright, trademark, and other intellectual property laws.

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Except as expressly allowed, no part of the Site or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, or distributed in any way without Hopes Giver's prior written consent.

You may use information made available for personal, non-commercial purposes, provided you:

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1. Retain proprietary notices in all copies.

2. Use it only for personal, non-commercial purposes.

3. Avoid modifying such information.

4. Avoid making additional representations about the materials.

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Your Use of the Site

You may not use any "deep-link," "page-scrape," "robot," "spider," or other automated tools, programs, algorithms, or manual processes to access, copy, or monitor any portion of the Hopes Giver website ("Site") or its content, nor circumvent the Site’s structure or navigation to obtain materials or information not intentionally provided through the Site. Hopes Giver reserves the right to block any such activities.

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Unauthorized attempts to access restricted areas of the Site, connected systems, or networks through hacking, password mining, or other illegitimate means are strictly prohibited. You may not test the vulnerabilities of the Site or related systems, breach security measures, or attempt to trace or retrieve information about other users or donors.

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You agree not to take any action that imposes an unreasonable load on the Site’s infrastructure or interferes with its functionality, transactions, or other users’ experiences. Interference through devices, software, routines, or other actions is not permitted.

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You may not manipulate identifiers or forge headers to obscure the origin of communications sent through the Site, impersonate others, or pretend to represent any individual or entity. The Site and its content cannot be used for unlawful purposes or to solicit illegal activities that infringe on the rights of Hopes Giver or others.

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Donations, Purchases; Other Terms and Conditions

Additional terms and conditions may apply to donations, purchases, and specific features of the Hopes Giver website ("Site"), such as contests, promotions, or other activities. These terms are incorporated into these Terms of Use. You agree to abide by such terms, including confirming that you are of legal age to participate where applicable.

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Hopes Giver reserves the right to make changes to services, donation options, or related materials at any time without notice. Updated materials may not reflect the latest offerings or terms.

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Accounts, Passwords, and Security

Certain features or services on the Hopes Giver website ("Site") may require you to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities under your account. Notify Hopes Giver immediately if there is unauthorized use of your account or any security breach.

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You must not use another person’s account without permission. Hopes Giver is not responsible for any loss or damage resulting from failure to follow these obligations.

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Privacy

The Hopes Giver Privacy Policy applies to use of the Site. By using the Site, you acknowledge that internet transmissions may not always be secure or private.

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Links to Other Sites and to the Hopes Giver Site

This Site may include links to independent third-party websites ("Linked Sites") that are provided solely for the convenience of visitors. These Linked Sites are not under the control of Hopes Giver, and we are not responsible for their content, accuracy, or reliability, including any materials, information, or services available on such Linked Sites. Links to these sites do not constitute an endorsement by Hopes Giver. Users must independently evaluate their interactions with Linked Sites and understand that they proceed at their own risk.

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Disclaimers

HOPES GIVER DOES NOT GUARANTEE THAT THIS SITE, ITS CONTENT, OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF DEFECTS. THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

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Hopes Giver disclaims all liability for damages or harm caused by factors such as failures in performance, errors, omissions, interruptions, deletion of files, viruses, communication line failures, or unauthorized access. Users assume full responsibility for their use of the Site and any Linked Sites.

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Should you find the Site or its Content unsatisfactory, your sole remedy is to discontinue use.

Hopes Giver reserves the right to:

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1. Modify, suspend, or terminate access to the Site or any part of it at any time without notice.

2. Update or change the Site, its policies, or its terms.

3. Interrupt the operation of the Site for maintenance, updates, or other purposes.

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By using this Site, you acknowledge these disclaimers and agree to abide by its terms.

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Limitation of Liability

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Except where prohibited by law, Hope Giver will not be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Hope Giver has been advised of the possibility of such damages.

If Hope Giver is found liable for damages related to your use of the Site or Content, its liability will not exceed the amount of any fees paid in the six months prior to the claim or $100. Some jurisdictions may not allow limitations, so this may not apply to you.

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Indemnity

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You agree to indemnify Hope Giver, its officers, employees, and affiliates from any claims, damages, or expenses arising from your use of the Site.

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Violation of These Terms of Use

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Hopes Giver reserves the right to disclose any information about you (including your identity) if it determines such disclosure is necessary for investigating or addressing complaints related to your use of the site, protecting the rights or property of Hopes Giver or its users, or complying with legal obligations. This includes exchanging data with organizations for fraud prevention.

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Hopes Giver may preserve or disclose communications you send through the site if required by law or deemed essential to protect its legal interests, enforce terms, or ensure safety.

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You agree that violations of these terms may result in the immediate termination of your access to the site, without prior notice. Such violations constitute an unlawful and unfair business practice, causing irreparable harm to Hopes Giver, for which monetary damages are inadequate. You consent to Hopes Giver seeking injunctive relief in such cases, alongside any other legal remedies available.

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Termination of access may also occur due to legal requests, self-initiated account deletions, site modifications, or unexpected technical issues. In the event of legal action against you, you agree to cover Hopes Giver's reasonable legal fees and costs.

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Hopes Giver will not be liable to you or third parties for terminating access due to these terms' violations.

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Governing Law; Dispute Resolution

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You agree that all matters related to your access to or use of the Hopes Giver website, including disputes, will be governed by the laws of the United States and the State of California, without regard to conflicts of law principles. You consent to personal jurisdiction and venue in the state and federal courts located in Santa Clara County, California, and waive objections to such jurisdiction or venue.

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Any claim under these terms must be brought within one (1) year of the cause of action arising. Claims relating to separate terms for goods or services are not subject to this limitation. Recovery is limited to out-of-pocket expenses, except the prevailing party may recover legal costs and attorney’s fees.

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In case of a dispute, the parties agree to attempt resolution promptly and in good faith through negotiation or mediation within 30 days. If unresolved, either party may pursue any legal remedy under applicable law.

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Void Where Prohibited

Hopes Giver operates and manages its website from locations within the United States. Although accessible globally, not all features, products, or services on the site are available in every country or geographic location. Hopes Giver reserves the right to limit the availability and quantity of products or services based on location and discretion. If you access the site from outside the United States, you do so at your own risk and are responsible for complying with local laws and regulations.

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Miscellaneous

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You may not use, export, or re-export any content, product, or service available on Hopes Giver’s website in violation of applicable laws, including but not limited to export regulations.

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If any provision of these Terms of Use is held by a court of competent jurisdiction to be void or unenforceable, the provision will be amended to reflect the intent of these Terms while maintaining their validity. These Terms represent the full agreement between you and Hopes Giver, superseding any prior agreements. Failure to enforce a provision does not waive the right to enforce it in the future. These Terms are not intended to confer any rights to third parties.

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Feedback and Information

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Any feedback provided on the Hopes Giver website is considered non-confidential, and Hopes Giver is free to use this information without restriction.

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Content on this site is subject to change without prior notice.

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Hopes Givers Inc.
500 Terry Francine Street, 7th Floor,
San Francisco, CA 94158, USA

Last updated: 2018.