1-877-GET-HOPE

Terms Of Use

AGREEMENT BETWEEN USER AND 877-GET-HOPE

The web site located at www.877GETHOPE.org (the “Web Site”) is comprised of various web pages operated by and for the Indiana Housing & Community Development Authority and its affiliates (“IHCDA”).

The Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By using the Web Site, you signify your agreement to all of the terms set forth herein. Please also read our Privacy Policy, located at www.877GETHOPE.org/privacy.  Our Privacy Policy is hereby incorporated into these Terms of Use by reference.  If you do not agree with the terms and conditions set forth herein, you should exit the Web Site immediately.

Please contact jconley@ihcda.in.gov with any questions relating the Web Site.

ELIGIBILITY

Children under the age of 13 are not authorized to use the Web Site. By using the Web Site, you represent and warrant that you have the right, authority and capacity to agree to and abide by these Terms of Use. 

MODIFICATION OF THESE TERMS OF USE

IHCDA reserves the right to change the terms, conditions, and notices under which the Web Site is offered, including but not limited to the charges associated with the use of the Web Site.

LINKS TO THIRD PARTY SITES

The Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of IHCDA and IHCDA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. IHCDA is not responsible for webcasting or any other form of transmission received from any Linked Site. IHCDA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IHCDA of the Linked Site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Web Site, you warrant to IHCDA that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.

USE OF COMMUNICATION SERVICES

The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service or any other portion of the Web Site, you will not:

·         Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

·         Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

·         Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

·         Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

·         Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

·         Conduct or forward surveys, contests, pyramid schemes or chain letters.

·         Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

·         Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

·         Restrict or inhibit any other user from using and enjoying the Communication Services.

·         Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

·         Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

·         Violate any applicable laws or regulations.

IHCDA has no obligation to monitor the Communication Services. However, IHCDA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. IHCDA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

IHCDA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IHCDA’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. IHCDA does not control or endorse the content, messages or information found in any Communication Service and, therefore, IHCDA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO IHCDA OR POSTED AT ANY IHCDA WEB SITE

To utilize certain features on the Web Site, you may be provided with a user account and a password.  You are fully responsible for all use of your account and for any actions that take place using that account.  You are solely responsible for maintaining the confidentiality of your password, and should not disclose that password to any third party.  You must notify us immediately if you suspect that another person is using your name and/or password to access and/or use the Web Site, or if you suspect any unauthorized use of your account or access to your password.

IHCDA does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any of our Web Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting IHCDA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. IHCDA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in IHCDA’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.  You further warrant and represent that the Submission is accurate and truthful and that you will update your information as necessary to maintain its accuracy and truthfulness.  You are solely responsible for any and all information you provide via the Web Site.  You further represent and warrant that any information you provide does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any third party. 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IHCDA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

IHCDA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. IHCDA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IHCDA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IHCDA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

TERMINATION/ACCESS RESTRICTION

IHCDA reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice.

COPYRIGHT AND TRADEMARK NOTICES

With the exception of third party trademarks, all contents of the Web Site are the property of IHCDA and/or its licensors and/or suppliers, and are protected by U.S. and international intellectual property laws, including copyright.  The content and software on this Web Site are to be used solely for providing information and services to users of the Web Site.   Any other use, including reproduction, modification, distribution, transmission, republication, display or performance of the content or software on the Web Site is strictly prohibited without prior express written permission.  Please contact us at jconley@ihcda.in.gov to inquire about use of the Web Site content.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your proprietary work has been copied and/or posted on the Web Site in a way that constitutes copyright infringement, please contact our Copyright Agent, Jason Conley, at jconley@ihcda.in.gov, with the following information:

(i)         an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii)        a description of the copyrighted work that you claim has been infringed;

(iii)       a description of where the material that you claim is infringing is located on the Web Site;

(iv)       your address, telephone number, and email address;

(v)        a written 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;

(vi)       a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

GENERAL

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of Indiana, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Indianapolis, Indiana, U.S.A. in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IHCDA as a result of these Terms of Use or use of the Web Site. IHCDA’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of IHCDA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by IHCDA with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between the user and IHCDA with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and IHCDA with respect to the Web Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

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