The privacy protocols we employ regarding our web Sites are:
1. Acceptance of Agreement.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Sites are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any component of the Sites, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Sites. The posting of information or materials on the Sites does not constitute a waiver of any right in such information and materials. Some of the content on the Sites is the copyrighted work of third parties.
3. Service Marks.
Dawson McAllister Live, TheHopeLine, and other logos and graphics used in conjunction with the Sites are our service marks or registered service marks or trademarks. You agree not to use such logos or marks in any manner likely to cause commercial confusion or in any way that disparages or discredits us. Other product and company names mentioned on the Sites may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Sites strictly in accordance with this Agreement; (b) to use the Sites solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Sites solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. You agree that we may terminate your use of the Sites at any time for any reason. Termination of your right to use or access the Sites shall not in any way effect your obligations under this Agreement prior to such termination or our rights against you after termination. No print out or electronic version of any part of the Sites or their contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
6. Forms, Agreements & Documents
We may make available through the Sites or through other Web sites sample and actual forms, checklists, business documents, and legal documents (collectively, Documents). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents may be provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, timeliness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED AS IS, AS AVAILABLE, AND WITH ALL FAULTS, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
7. No Legal/Medical Advice or Attorney-Client or Doctor/Patient Relationship.
Information contained on or made available through the Sites is not intended to and does not constitute legal or medical advice, recommendations, mediation or counseling under any circumstance and no attorney-client or doctor-patient relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or timeliness of the information contained in or linked to/from the Sites. Your use of information on the Sites or materials linked to the Sites is entirely at your own risk. We are not a law firm or health care practitioner and the Sites are not a lawyer referral service or intended to provide medical or mental health care advise (for which you should seek professional assistance). None of your communications with us are considered privileged information and may have to be disclosed to third parties. The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. In particular, you should consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.
8. Linking to the Site.
You may provide links to the Sites, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Sites, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Sites immediately upon request by us. To seek our permission, please click here to contact us.
The Sites may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser’s or sponsor’s materials.
Certain sections of, or offerings from, the Sites may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing any unauthorized use resulting from use of your registration information other than as set out in this Agreement.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Sites will be error-free, free of viruses or other harmful components or defects, or that defects will be corrected when they are detected. We do not represent or warrant that the information available on or through the Sites will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Sites at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Sites, including any materials provided by you through the Sites.
12. Third Party Content.
Third party content may appear on the Sites or may be accessible via links from the Sites. We are not responsible for and assume no liability for any mistakes, misstatements, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Sites. You understand that the information and opinions in the third party content represent solely the opinions of the author and such opinions are neither endorsed by nor do they necessarily reflect our belief or opinion with respect to any subject.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Sites.
Your right to use the Sites is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITES ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THESE SITES AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THESE SITES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Sites or any services or products obtainable therefrom, (b) the unavailability or interruption of the Sites or any features thereof, (c) your use of the Sites, (d) the content contained on the Sites, or (e) any delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITES AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information.
19. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are making a donation or purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
23. Securities Laws.
The Sites may include statements concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Sites, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Sites and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
24. Links to other Web Sites.
The Sites contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Sites does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Sites and access these third-party sites, you do so at your own risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A 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; and
f. 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 authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by click here to contact us and direct it to the Copyright Agent.
26. Information and Press Releases.
The Sites contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and the Content and Materials provided therein.
28. Refund and Return Policy.
DMA/THL are incorporated under the name of “TheHopeLine, Inc.” TheHopeLine is a Tennessee non-profit corporation and maintains tax-exempt status under Section 501(c)(3) of the Federal Tax Code. As such, substantially all of financial transactions processed through our Sites are voluntary contributions from donors wishing to support our mission and causes. On a much lesser scale are transactions related to sales of merchandise from our store, when offered. Because contributions are voluntary, they may be refunded at any time. Refunds from sales of merchandise are considered on a case-by-case basis. Please click here to contact us for a refund.
Please note, however, that certain products and services mentioned on our Sites may be sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services.
This Agreement shall be treated as though it were executed and performed in Nashville, Tennessee, and shall be governed by and construed in accordance with the laws of the State of Tennessee (without regard to conflict of law principles). The sole and exclusive jurisdiction and venue for any claims arising under this Agreement or your use of the Sites shall be the appropriate federal or state court located in the state of Tennessee, and by use of the Sites you expressly consent to the exercise of personal jurisdiction of these courts. Any cause of action by you with respect to the Sites (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Sites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Sites operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS (https://www.jamsadr.com/rules-comprehensive-arbitration/). 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. The arbitration shall be conducted in Nashville, Tennessee, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Nashville, Tennessee necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.