Help Not Handcuffs - Website Terms & Conditions

Welcome to the Help Not Handcuffs (“HNH”) website at http://www.helpnothandcuffs.org (collectively referred to herein, including all content available through the helpnothandcuffs.org domain name, as the “Website”).  Please read these terms and conditions (referred to herein as the “Terms and Conditions”) carefully, as your access to and use of the Website, and participation in any Transactions offered by HNH are subject to and governed by these Terms and Conditions.  These Terms and Conditions apply to all users of the Website, including users that are contributors of content, information, and other materials or services on the Website.  If you do not agree to these Terms and Conditions, please do not use the Website.

By using and/or visiting the HNH Website, you represent that you have read, understand, and agree to these Terms and Conditions, as well as our privacy policy published at http://www.helpnothandcuffs.org (“Privacy Policy”) and incorporated herein by reference.

HNH reserves the right to change, modify, add to, or otherwise alter these Terms and Conditions at any time, or to change or discontinue any aspect or feature of the Website without notice to you. Such changes, modifications, additions or deletions shall be effective immediately upon their posting on the Website. You agree to review the Terms and Conditions periodically to be aware of such revisions.  Your use of the Website after we post of such changes, modifications, additions or deletions constitutes your acceptance of such changes, modifications, additions or deletions.

Website Access:

HNH hereby grants you permission to access and use the Website provided that: (i) your use of the Website is solely for your personal use; (ii) except in your normal, personal use of the Website, you will not copy or distribute any part of the Website in any medium without HNH’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as is necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with these Terms and Conditions.
You may be required to register your personal and/or financial information with HNH in order to use certain areas of the Website, for example, to access/provide content or initiate Transactions (as defined below).  In doing so, you agree that you will provide accurate and complete information.  HNH may refuse to process your information or requested Transactions if HNH believes that you may be: i) impersonating another person; ii) violating the intellectual property or other rights of any entity; iii) posting content that is offensive; or iv) providing information that HNH otherwise rejects for any other reason in its sole discretion.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the Website in a manner that sends more request messages to the HNH servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.  Notwithstanding the foregoing, HNH grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. HNH reserves the right to revoke these exceptions either generally or in specific cases.  You agree not to collect or harvest any personally identifiable information from the Website, nor to use the Website for any commercial solicitation purposes.

Rules of Conduct:  As a condition of your continued use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.  In accessing or using of the Website, you shall comply with these Terms and Conditions and any special warnings or instructions for access or use posted on the Website.  You shall act always in accordance with the law, custom and in good faith.  You may not make any change or alteration to the Website or any Content (defined below) or services that may appear on this Website and may not impair in any way the integrity or operation of the Website.  Without limiting the generality of any other provision of these Terms and Conditions, if you default in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that such default may cause HNH, our affiliates, partners or licensors.

By way of example, and not limitation, you agree not to:

Post, transmit, or otherwise make available through or in connection with the Website:

Any information or materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) infringing any third party copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking” or “cracking.”
Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by HNH in advance.
Any personally identifiable information of another individual, without the prior consent of such individual.
Any material, non-public information about a company, without the proper authorization to do so.

Use the Website for any fraudulent or unlawful purpose.
Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about users of the Website.
Impersonate any person or entity, including without limitation any representative of HNH; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that HNH endorses any statement you make.
Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
Use the Website to advertise or offer to sell or buy any goods or services for any business purpose, without HNH express prior written consent.
Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Website.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
Frame or mirror any part of the Website.
Create a database by downloading and storing Website content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without HNH express prior written consent, or as otherwise permitted under these Terms and Conditions.

Intellectual Property Rights:

All information and content available on the Website and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) are the property of HNH, its affiliates, partners or licensors, and are protected by United States and international laws, including laws governing copyrights and trademarks. You agree that you will not reproduce or any of the Content unless specific permission is provided on the Website or otherwise by HNH.  You understand that any unauthorized use of the Website may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and foreign laws and international conventions.
The trademarks, service marks, logos and other indicia that appear on the Website (collectively the “Marks”) are registered and unregistered marks of HNH and others.  Nothing contained on the Website grants, by implication or otherwise, any right, license or title to any of the Marks without the advance written permission of HNH or such third party as may be appropriate.  HNH expressly reserves and retains all rights in the Marks.  You agree to refrain from any misuse of any of the Marks.
Except as permitted in these Terms and Conditions, you may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Website and the Content for any purpose whatsoever without the prior written consent of HNH.  HNH reserves all rights not expressly granted in and to the Website and the Content.  If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.  You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. 

Submissions:

You agree that HNH will treat all inquiries, feedback, suggestions, ideas or other information you provide HNH (collectively, “Submissions”) as non-proprietary and non-confidential to you.  By transmitting or posting any Submission to the Website, you hereby grant HNH full ownership of the Submission as if HNH had created, developed and posted the Submission for its own purposes.  You agree that HNH has the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services.  You also acknowledge that your Submission will not be returned and HNH may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
You are solely responsible for your Submissions and the consequences of posting or publishing them.  You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize HNH to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions as it wishes in its sole discretion; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and to permit HNH to use the Submissions as it wishes in its sole discretion.
You represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”  You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. 
You agree that in your Submissions you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant HNH all of the license rights granted herein, including sampled music; (ii) publish falsehoods or misrepresentations that could damage HNH or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.  You agree to indemnify HNH for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
HNH does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and HNH expressly disclaims any and all liability in connection with Submissions.  HNH does not knowingly permit infringement of intellectual property rights on its Website, and HNH will remove all Content and Submissions if properly notified that such Content or Submission infringes on another’s intellectual property rights.  HNH reserves the right to remove Content and Submissions without prior notice. HNH also reserves the right to reject Content or a Submission as inappropriate that may include without limitation pornography, obscene or defamatory material, or excessive length.  HNH may remove such Submissions at any time, without prior notice and at its sole discretion.
You understand that when using the Website, you may be exposed to Submissions from a variety of sources, and that HNH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions.  You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HNH with respect thereto, and agree to indemnify and hold HNH, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

Links to Third Party Websites:  For your convenience, the Website may contain links to the websites of third parties on which you may be able to obtain information or content and/or download software.  Except as otherwise noted, such third party websites, and such information, content and software are provided by organizations that are not affiliated with and are independent of HNH.  HNH does not endorse or make any representations or warranties concerning such websites. HNH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.  In addition, HNH cannot censor or edit the content of any third-party site.  Therefore, HNH makes no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers, nor does HNH necessarily endorse such websites or sources.  Your linking to or from any off-site pages or other websites is at your own risk.  By using the Website, you expressly relieve HNH from any and all liability arising from your use of any third-party website.  Accordingly, HNH encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

Donations and Other Transactions: 

If you wish to make a donation or conduct any other transaction through the Website (each a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, and your address.  HNH will treat any such information provided through the Website in accordance with these Terms and Conditions, and the Privacy Policy.  Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.
HNH reserves the right, with or without prior notice, (a) to prevent or prohibit any user from making any or all Transaction(s); and/or (b) to refuse to provide any user with any service.  You agree to pay all charges that may be incurred by you or on your behalf through the Website.  In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Warranty Disclaimer and Limitation of Liability:

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE HNH WEBSITE IS AT YOUR SOLE RISK.  NEITHER HNH NOR ANY AFFILIATED ORGANIZATION NOR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “HNH PARTIES”) WARRANT THAT THE HNH WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE HNH WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY CONTENT OR SERVICE PROVIDED THROUGH THE HNH WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT HNH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE HNH WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.  YOU SPECIFICALLY ACKNOWLEDGE THAT HNH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL HNH, THE HNH PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE HNH WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY INDEMNIFICATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE HNH WEBSITE.  YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE HNH WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, HNH, NOR THE HNH PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE HNH WEBSITE, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.  NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, AND THE AGGREGATE, TOTAL LIABILITY OF THE HNH PARTIES TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE HNH WEBSITE SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED ONE DOLLAR ($1).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, HNH’s liability is limited to the greatest extent permitted by law.  You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
You hereby acknowledge that the provisions of this section shall apply to all content on the Website. HNH neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Website, nor for any posting made on the Website by anyone other than authorized HNH representatives acting in their official capacities. Under no circumstances will HNH be liable for any loss or damage caused by your reliance on information obtained through the Content on the Website. You are responsible for evaluating the accuracy, completeness or usefulness of any information, opinion, advice or other Content available through the Website.

Indemnity:  You agree to defend, indemnify and hold harmless HNH, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party.  This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.

Ability to Accept Terms and Conditions:  It is our and your intent that these Terms and Conditions constitute a binding and enforceable agreement between us.  Therefore, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.  If you are under 13 years of age, then please do not use the Website without the consent of your parent or guardian.  Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

Assignment:  These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HNH without restriction.

Intended For United States Residents Only:  HNH controls and operates the Website from its offices located in the United States of America (“USA”), and you agree that the Website does not subject HNH to the laws or jurisdiction of any state, country or territory other than those of the USA.  HNH presents the materials made available through the Website solely to provide information and services in the United States. HNH makes no representation or warranty that any Website, in whole or in part, or any products, services, or materials made available through the Website, are appropriate or available for use in other locations.  Those who choose to access the Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.

General:  You agree: (i) that the Website is solely based in New Jersey; (ii) that the Website is a passive website that does not give rise to personal jurisdiction over HNH, either specific or general, in jurisdictions other than New Jersey; (iii) to personal jurisdiction and convenient venue in the state of New Jersey.  These Terms and Conditions shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles.  Any claim or dispute between you and HNH that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New Jersey.  These Terms and Conditions, together with the Privacy Notice, shall constitute the entire agreement between you and HNH concerning the Website.  If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.  No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and HNH’ failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.  HNH reserves the right to amend these Terms and Conditions at any time and without prior notice, and it is your responsibility to review these Terms and Conditions for any changes.  Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. This Agreement is effective until terminated by HNH.  You agree that HNH, at its sole discretion, may terminate your access to or use of the Website, at any time and for any reason with or without prior notice.  Upon any such termination, your right to use the Website will immediately cease.  You agree that HNH shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination.  HNH reserves the right to takes all steps necessary or appropriate to enforce and/or verify compliance with the Terms and Conditions.  YOU AND HNH AGREE THAT ANY CAUSE OF ACTION THAT YOU BRING ARISING OUT OF OR RELATED TO THE HNH WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If you have any questions regarding these Terms and Conditions, please contact us at info@helpnothandcuffs.org.

Copyright © Help Not Handcuffs. All rights reserved. The Website is the property of Help Not Handcuffs, and is protected by United States and international copyright, trademark, and other applicable laws.  This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.Type your paragraph here.