HEARTLAND FORWARD TERMS OF SERVICES
Last Updated: July 1, 2021
Heartland Forward, Inc. (“Heartland Forward” “we”, “our,” or “us”) makes its website (https://heartlandforward.org/) (“Website”), all sub-domains, social media pages, media channel, mobile website, mobile applications and other online services and products (“Services”) available for your use subject to these Terms of Services (“Terms”). Please read these Terms carefully. By downloading, accessing, using any portions of our Services, clicking on the “I accept” button, or completing the registration to obtain an user account to access any password protected portions of our Website, you represent that you have read, understand, and agree to be bound by these Terms. The term “you” refers to visitors of publicly available portions of our Services. If you do not agree to be bound by these Terms, you may not access or use our Services. Certain portion of the Services may have additional terms and conditions. When these portions are used, you agree to be further bound by the associated additional terms and conditions.
IMPORTANT NOTICE: YOUR USE, DOWNLOAD, AND/OR RECEIVING OF ANY OF OUR WEBSITE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 11, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION, UNLESS PROHIBITED BY LAW OR YOU EXPRESSLY OPT OUT OF ARBITRATION AS DESCRIBED IN THAT SECTION.
- User Eligibility
By using or otherwise accessing our Services, you hereby represent and warrant to us that you:
· are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under these Terms, including, if you are below the age of 18, but between 13 and 18 years of age, you have consent of a parent or guardian to access and use the Website;
· all information provided by you is truthful, accurate and complete; and
· will comply with the terms and conditions of these Terms and any other agreement to which you are subject to that is related to your use of the Services or any part thereof. You may not use our Services if you are prohibited, either by the laws of the United States of America or any other country, from accessing the Services or receiving any services via our Website.
- License to Use Our Services and Content
2.1 Our Content. Our Services may contain text, forms, questionnaires, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, data, and other information (“Content”) which are derived in whole or in part from information and materials supplied by us and other sources, and are protected by copyright, trademark, patent, and other applicable laws. Our Content does not include your data. Our Services and its Content (excluding your data) is copyrighted as a collective work under United States copyright laws, and are protected by other laws. The institutional names, trademarks, logos, and service marks displayed on our Website, including “Heartland Forward, Inc.” and variations thereof, are registered and/or unregistered trademarks of Heartland Forward, its licensors or content providers, or other third parties. You acknowledge that Heartland Forward is the exclusive owner of the Services. Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent of the law.
2.2 License for Non-commercial Use. On the condition that you comply with all your obligations under these Terms, we hereby grant you a limited, non-exclusive, revocable, non-assignable, non-transferable authorization to use our Services and any Content hereon for your personal information and non-commercial use. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink from and to, or distribute in any way Content from our Services, including code and software underlying our Services, nor may you sell, transfer, or otherwise use our Services in commerce or for any public or commercial endeavor without our prior and express written consent. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Heartland Forward or any third party, except as expressly provided in the Terms. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of Content. All rights not otherwise expressly granted by the Terms are reserved by us.
2.3 Linking to Our Website. You may not link to our Website without prior written permission of Heartland Forward. When linking to our Website, you understand and agree that: (i) you may not state or imply that Heartland Forward is endorsing you and/or any of the products or services that you or your organization provides; (ii) you must clearly and truthfully communicate to the public that you are one of the persons or organizations permitted to link to our Website by stating your relationship with Heartland Forward (e.g., a donor, official sponsor, partner, volunteer, etc.); (iii) without an express written consent of Heartland Forward, you may not copy, reproduce, display, republish, download, post or otherwise use our Content on your website or on another webpages, or use Heartland Forward’s logo as a link; and (iv) you may not cast Heartland Forward in a false or misleading light. Heartland Forward assumes no liability or responsibility whatsoever for any content of any third party websites, webpages or social media accounts that are linked to our Website or Content. If your link to the Website or Content results in the need for servicing or repair of equipment or data, you agree to assume any costs thereof. Heartland Forward reserves the right to terminate any links to the Websites as it deems necessary, with or without cause or warning. You shall remove your link to our Website or Content immediately if Heartland Forward chooses to exercise its rights under the Terms.
- Acceptable User Conducts
3.1 Prohibited Conducts. You agree that you will not (and will not permit any third party to), under any circumstances:
· use our Services for any illegal or unauthorized purpose;
· use our Services for any purpose that may be deemed by us to be threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, explicit or otherwise in violation of these Terms;
· attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Services;
· copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Services is based;
· use any Services or Content in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
· impersonate any person or entity; collect or store personal data about other users without permission; or disclose private or proprietary information that you do not have the right to disclose;
· solicit information from another user in furtherance of identity theft or another unlawful purpose;
· frame or otherwise simulate the appearance or functions of the Services or any portion thereof;
· modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of our Website, including any Content included on our Services;
· use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on our Website, deep-link to any feature or content on our Services, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other similar measures; or
· use our Services for any purpose that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling.
3.3 Violations. Although we do not generally monitor user activity occurring in connection with our Services, if we become aware of any possible violations by you of any provision of these Terms, Heartland Forward reserves the right to investigate such violations, and we may, at its sole discretion, immediately terminate your license to use our Services, without prior notice to you or anyone else.
- User Materials and Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to Heartland Forward through its suggestion, feedback, contact us, or other similar pages on our Services (“Feedback”) is at your own risk and that Heartland Forward has no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Heartland Forward a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance and improvement of our Services.
We respect the intellectual property rights of others. If you believe that any Content of our Services may infringe your copyrights or other intellectual property rights, please provide Heartland Forward the written information specified below. Please note that this procedure is exclusively for notifying Heartland Forward if you believe that your intellectual property rights have been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
A description of the intellectual property right that you claim has been infringed;
A description of where the material that you claim is infringing is located on our Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
Heartland Forward’ representative for notice of claims of copyright infringement or other intellectual property infringement on our Services can be reached as follows:
Heartland Forward, Inc.
110 NW 2nd Street Bentonville, AR 72712 United States
6.1 General. To the maximum extent permitted by law, our Services are provided “as is” and “as available”, and at your sole risk. Heartland Forward is not liable, under any circumstances, for any losses or damages from the use of the Services. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limitation, we make no warranty that our Services will meet your requirements, that use of the foregoing will be uninterrupted, timely, secure, or error-free, that defects in the operation or functionality and any content or information found on our Website will be accurate or reliable, that defects in the operation or functionality of our Services will be corrected, virus-free, or that the quality of information, content, or other materials obtained through our Services will meet your expectations. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.
6.2 Not Legal Advice. We are not lawyers and do not provide any type of legal or other advice. No attorney-client relationship is formed between you and Heartland Forward. Any communication, information or recommendation that comes to you or from an attorney or law firm through Heartland Forward is from that individual law firm or attorney and not Heartland Forward.
6.3 System Unavailability. There may be times when our Services is unavailable due to technical errors or network outages or for maintenance and support activities. We do not represent, warrant, or guarantee that the Services will always be available or completely free of human or technological errors.
6.4 Errors. Our Services and Content may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Services or Content or any information supplied to you via the Services, or that files available through the Services are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.
6.5 Compatibility. You must provide the equipment and Internet connections necessary to access the Services at your own expense. We do not guarantee that the Services will operate with your computer, tablet, mobile device, network, installed software, internet or mobile carrier service plans, or with any particular computer or other piece of hardware, software, equipment, or device you install on or use with your computer.
- Limitation of Liability
7.1 DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HEARTLAND FORWARD AND ITS AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, PARTNERS AND LICENSORS (“HEARTLAND FORWARD PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HEARTLAND FORWARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM ANY WEBSITE, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OUR SERVICES OR CONTENT; OR (2) ANY OTHER MATTER RELATED TO OUR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
7.2 CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL HEARTLAND FORWARD PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR MORE THAN THE AMOUNT RECEIVED BY HEARTLAND FORWARD AS A RESULT OF YOUR USE OF OUR SERVICES. IF YOU HAVE NOT PAID HEARTLAND FORWARD ANY AMOUNTS, HEARTLAND FORWARD’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50 USD).
7.3 EXCEPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND HEARTLAND FORWARD’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Release and Indemnification
8.1 Release. You agree to release Heartland Forward Parties from any and all liability and obligations whatsoever in connection with or arising from your use of the Services or Content. If at any time you are not satisfied with the Services or object to any Content or other material within or on the Services, your sole and exclusive remedy is to immediately stop using and otherwise accessing the Services.
8.2 Indemnification. You agree to indemnify and hold Heartland Forward Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with: (i) the use or inability to use our Website or any Content; (ii) your breach or violation of these Terms or any other guidelines or agreements referenced in these Terms; (iii) any information you provide to Heartland Forward (including any information your provide to us as part of your Feedback or User Materials); (iv) your link to, or inability to link to, the Website or Content; (iv) your violation of any rights of any third party, including privacy and intellectual property rights.
8.3 Release by California Residents. If you are a California resident or could otherwise claim the protections of California law, you further expressly waive the provisions of section 1542 of the California civil code, which reads as follows: “A general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, if known by him or her, must have materially affected his or her settlement with the debtor.” You acknowledge that you have read and understand section 1542 of the California civil code, and you hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to your release of any claims you may have against Heartland Forward.
- Third-Party Website & Content
- Suspension; Modification; Termination
We may, from time to time and at our sole discretion, discontinue or alter all parts or any aspect of the Services, remove Content, or restrict the time the Services available. You acknowledge and agree that we may, under certain circumstances, immediately suspend and/or terminate your access to the Services or any part thereof, including, without limitation, for the following reasons: (a) your or another user’s breach or violation of these Terms or other agreements or guidelines referenced in these Terms; (b) our discontinuance or modification to the Services; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you or another user in fraudulent or illegal activities. You further agree that any such actions may be taken without notice to you, in our sole discretion, and without liability to you or any third party.
At any time and for any or no reason, Heartland Forward may add or remove features, products, webpages, or functionalities to our Services. We may also suspend or stop providing the Services altogether. We may also terminate or suspend your access to all or part of our Services, without notice, for any conduct that we, in our sole discretion, believe is disruptive to our Website (or other users) or is in violation of any applicable law or these Terms. We may not provide you with any notice beforehand when we take any of these actions. Heartland Forward shall in no way be held liable for any consequence which results from any decision to modify or discontinue providing the Services.
Heartland Forward may prohibit you from using or accessing the Services by placing a temporary hold or freeze on your account if we suspect you are violating these Terms. If no violation is found, we will remove the hold, and you may continue using the Website.
- Governing Law; Arbitration; Class-Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND HEARTLAND FORWARD TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Arkansas will govern these Terms, without giving effect to any principles of conflicts of laws. To the extent the parties are permitted under these Terms to initiate litigation in a court, you agree that any action arising out of these Terms or your use of the Services shall be brought in state or federal court in the state of Arkansas and you consent to the jurisdiction of such courts.
For any dispute you have with any Heartland Forward Parties, you agree to first contact Heartland Forward and attempt to resolve the dispute with us informally. Unless resolved by mutual efforts of you and us, any disputes or claims that may arise out of or in connection with these Terms and for which either party shall seek equitable relief, all differences, disputes or claims arising in connection with these Terms or any transaction or occurrence contemplated hereby shall be finally settled under the Commercial Rules of the American Arbitration Association in the state of Arkansas, by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded. It is understood that the decision in such arbitration shall be binding on both parties, that the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees and that a judgment upon any award rendered may be entered in any court having jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court for matters related to data security, intellectual property or unauthorized access to or use of the Website. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS HEARTLAND FORWARD AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HEARTLAND FORWARD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
- Updates to These Terms
We reserve the right to modify these Terms at any time, effective upon posting. You can tell when changes have been made to these Terms by referring to the “Last Updated” legend on top of this page. We will provide you with advance notice of a major change. For example, we may: (i) require that you reaccept the updated version of these Terms; (ii) send you an electronic notification advising of the update to these Terms; or (iii) include a notice on the Website. We do not ordinarily provide advance notice of a minor change. We encourage you to check these Terms every time you visit the Services. Your continued use of our Website and/or utilization of any Services benefits after these Terms have been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of these Terms.
13.1 Consent To Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and in performing our obligations and exercising our rights under these Terms. Neither you nor Heartland Forward will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
13.2 Term and Termination. These Terms are effective unless and until terminated by Heartland Forward or you. Heartland Forward may, in its sole discretion, terminate your use of the Website or any part thereof if you fail to comply with any term of provision of these Terms. You may terminate these Terms at any time by discontinuing all use of the Services. Termination or cancellation of these Terms shall not affect any right or relief to which either Heartland Forward or you may be entitled at law or in equity. Upon termination, you must terminate all use of the Website and destroy all materials, including any Content, obtained using the Services and all copies thereof.
13.3 Access from Outside of the United States. Our Services and the Content is hosted in the United States and is governed by the laws of the United States. Our products and Services, and Content, are only directed at those located within the United States. If you are using our Services from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Services in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America.
13.4 Assignment. You may not assign or otherwise transfer these Terms or any rights or obligations hereunder without Heartland Forward’s prior, written consent. Any assignment in violation of this Section is null and void.
13.6 Force Majeure. Heartland Forward shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, telecommunications, or utilities.
13.7 No Waiver. No waiver of any term in these Terms shall be deemed a further or continuing waiver of such term or any other term, and Heartland Forward’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
13.8 Section Headings. The section headings appearing in these Terms have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they pertain.
13.9 Survival of Certain Provisions. Those provisions outlined here that normally would survive after you cease using the Website and Content and all provision indicating an ongoing obligation, which include but are not limited to Section 6 (Disclaimers); Section 7 (Limitation of Liability); Section 8 (Release and Indemnification); Section 11 (Governing Law; Arbitration; Class-Action Waiver) and Section 13 (General), shall survive any termination or expiration of these Terms, but shall not imply or create any continued right to use the Service after the termination of these Terms.
13.10 Contact Us. Heartland Forward welcomes your questions or comments regarding these Terms. If you would like more information please contact us at firstname.lastname@example.org or Heartland Forward, Inc. 110 NW 2nd Street Bentonville, AR 72712 United States.