TERMS OF USE
HCS Family Services (“HCS” or “we” or “our” ) provides this website subject to the terms and conditions set out below. Please carefully read the following Terms of Use before using the www.hcsfamilyservices.org website (the “Site”). By using and donating via our Site, you accept these Terms Of Use and agree to abide by them. If you do not agree to these Terms of Use you are not authorized to use our site.
Right To Change Terms of Use
HCS reserves the right to revise or add new terms to these Terms of Use from time to time. Such revisions and additions shall be deemed effective when they are posted on our Site and your continued use of our Site after any such change is posted will be considered acceptance of such changes. Accordingly, you should check the date of the Use(which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.
Privacy Policy
Please refer to our Privacy Policy for information on how HCS collects, uses and discloses information it obtains from users of this Site.
Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to the HCS through this Site (collective, the “Submission”) will be on a non-confidential and non-proprietary basis, subject to the provisions of our Privacy Policy, when relevant. HCS and its and affiliates will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation. You represent that you own all of the rights to the content of the Submissions and the content is not threatening, obscene, defamatory, an invasion of privacy, an infringement of intellectual property rights, or otherwise objectionable or likely to infringe upon the rights of third parties.
Intellectual Property Rights
Copyright
HCS is the owner or the licensee of all copyrights rights in the Site, including but not limited to, text, graphics, photographs, artwork, images, audio clips , video clips, data computer code, software, logos and other material. Permission is granted to electronically copy and print hard copy portions of the Site for personal noncommercial use only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.
Trademarks
HCS owns all proprietary rights in and to the name HCS Family Services and the marks HCS family services and design and Empowering Families. Changing Lives. as well as other names and marks identified in this Site. This Site may also contain trade names and trademarks of other companies that are the property of their respective owners.
Sponsors
HCS may choose to acknowledge certain persons and companies who have provided donations and other support (“Sponsors”) in furtherance of our goals and programs . Such acknowledgement may be in the form of recognition on the Site by use of such Sponsors’ own names or marks and/or links to the Sponsors’ own websites. If you choose to click on the links to any of our Sponsors’ websites or otherwise engage in any correspondence or business dealings with any such Sponsors, you do so on your own initiative and you agree that HCS is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such Sponsors in conjunction with the Site.
Links to Other Sites
HCS makes no representations or warranties about any other website you may access through this Site. If there is a link to another website, such link does not constitute an endorsement of that website or the products or services contained therein and are provided solely as a convenience to you.
Disclaimer of Warranties
The information and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an “As Is” basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HCS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, HCS AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT.
Limitation on Liability
IN NO EVENT SHALL HCS OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF HCS OR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE THIS SITE OR RELIANCE ON THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
Applicable Law
The laws of the State of Illinois will govern these Terms of Use without giving effect to any principles of conflict of law. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located i Chicago, Illinois. You agree that the statute of limitations for any claim against HCS shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.
Term & Termination
These Terms Of Use are effective from the date that you first access the Site and continues in effect until terminated in accordance with these Terms Of Use. HCS may terminate your access to the Site or the Services at any time for any reason. Cause for such termination shall include, but not be limited to breaches or violations of these Terms Of Use.
Indemnification
You agree to defend, indemnify, and hold harmless HCS and its affiliates and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms of Use s or your access to or use of the Site
COPPA
HCS does not knowingly solicit data from children or knowingly market to children. HCS is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that HCS receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, HCS will delete that information from the Site as quickly as is reasonably practical.
Equitable Remedies
You agree that, if the terms of these Terms Of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es),
Dispute Resolution
In the event of any dispute arising out of these Terms of Use, you and HCS each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and HCS agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or HCS may initiate the mediation process with thirty (30) days’ prior written notice to the other. The dispute shall be submitted to mediation in Chicago, Illinois U.S.A. Costs of mediation shall be borne equally by both you and HCS. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and HCS agree to extend the time by mutual agreement or unless the mediator declares you and HCS to be at an impasse. Notwithstanding the above, in the event that HCS believes that immediate injunctive relief is required to protect its rights, HCS may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.
Miscellaneous
If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms of Use and shall not effect the legality, validity, or enforceability of the remaining provisions of these Terms Of Use.
Failure by us to enforce any particular term of these Terms of Use shall not be construed as a waiver of any of our rights hereunder.
These Terms Of Use (and each supplemental agreement referenced in or referencing these Terms Of Use found on the Site) constitutes the entire agreement between you and HCS with respect to the Site and the Services.
Information about Us
HCS is an Illinois Not-for- Profit corporation located at :
Memorial Hall, Second Floor
19 East Chicago Avenue
Hinsdale, Illinois 60521
(630) 323-2500 – Telephone
(630) 323-2517 – Fax
Date: February 29, 2014