THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT HOPEALLEY’S LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.
PERMISSION TO USE CONTENT
HopeAlley.com grants you a limited license to access and make personal, noncommercial use of this site; you will not copy, distribute or modify in whole or any part of the Website, except with express written consent of HopeAlley.com or where expressly permitted. You agree not to use or resell any content from HopeAlley.com or the services it provides for any commercial purpose.
You agree that you are 18 years of age or older, or that you are 14 years and have the specific permission of a parent or legal guardian to use and purchase goods or services from HopeAlley.com.
You agree to not send:
Harassing, abusive or threatening messages;
Obscene, pornographic, vulgar messages or images;
Defamatory or libelous messages;
Message or computer code in furtherance of unlawful, criminal or fraudulent activity;
Messages that conceal or misrepresent the identity of the sender;
Hateful or racially, ethnically or otherwise objectionable message
Message that infringe any patent, trademark, trade secret, copyright or any proprietary rights of another party;
Unsolicited or unauthorized advertisements, spam, chain letter;
Or publish falsehoods or misrepresentations that could cause harm to HopeAlley.com or any third party;
Any commercial messaging;
Or transmit any content that contains software viruses or any other harmful computer code, files of programs;
Or disrupt servers or networks connected to the Website or attempt to disrupt the servers or networks.
HopeAlley.com does not endorse any User message or any opinion, recommendation, or advice expressed therein, and HopeAlley.com expressly disclaims any and all liability in connection with User messages.
HopeAlley.com may change, suspend or discontinue any aspect of the products and services at any time, including the availability of any feature or content. HopeAlley.com may also impose limits on certain features and services or restrict your access to parts or all of the product and services without notice or liability.
All content included on this site, such as e-cards, text, graphics, logos, icons, photos, products, data compilations, and software, is the property of HopeAlley.com is protected by United States and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of HopeAlley.com
You agree that any information you provide to HopeAlley.com is truthful and accurate, and complete including the name or identity of the sender of any e-card or other message, service or product.
You may not use any automated program or script to automate the process of sending or viewing any of the content on this site. HopeAlley.com reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using HopeAlley.com or the number of recipients to which you send such cards or messages.
In the event HopeAlley.com determines, in its sole discretion, that you have violated these Terms, HopeAlley.com shall have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of greetings from our Site, and/or pursue any other remedies available to it under applicable law. If you are a member of a subscription service, HopeAlley.com will terminate or disable your account or subscription without compensation or refund.
You acknowledge that HopeAlley.com is not obligated to prescreen content submitted by users.
You also acknowledge and agree that HopeAlley.com may preserve content and may also disclose any content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of HopeAlley.com, its users and the public. Any disclosure may be made with or without prior notice to you. By using this service you irrevocably consent to such disclosures.
PURCHASE OF PRODUCTS OR SERVICES
You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. HopeAlley.com does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer.
If you purchase a subscription, your subscription will begin effective on the date payment is received and will continue for the period provided for the subscription you purchased. Annual subscriptions will terminate at 12:01 am on the calendar date one year and one day from the day the subscription was purchased. E-card subscriptions cover unlimited access to all e-cards (unless specifically excluded), in keeping with the Member Conduct rules in these terms.
DIGITAL MILLENNIUM COPYRIGHT ACT
HopeAlley.com respects the intellectual property rights of others, and requests you to do the same. HopeAlley.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website or related services, and HopeAlley.com will remove all Content if properly notified that such Content infringes another's intellectual property rights. HopeAlley.com reserves the right to remove Content without prior notice. HopeAlley.com will also terminate a User’s account if the User is determined to be a repeat infringer of copyright. See ENFORCEMENT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
HopeAlley.com’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
3545 Blackwood Road
Bozeman, MT 59718
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. HOPEALLEY.COM IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC GREETINGS SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER HOPEALLEY.COM NOR ITS OWNER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF HOPEALLEY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT HOPEALLEY.COM AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.
HOPEALLEY.COM TAKES NO RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS HOPEALLEY.COM AND ITS AFFILIATES AND PARTIES WITH WHOM HOPEALLEY HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.
THIS DEFENSE AND INDEMNIFICATION WILL SURVIVE THESE TERMS AND CONDITIONS OF USE AND YOUR USE OF THE WEBSITE.
YOU ARE RESPONSIBLE FOR USE OF THE WEBSITE, SERVICES AND GOODS AVAILABLE ON HOPEALLEY.COM FROM THE LOCATION YOU RESIDE AND ARE SOLEY RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAWS. ACCESSING THE WEBSITE AND CONTENT FROM TERRITORIES WHERE THEY ARE ILLEGAL IS PROHIBITED.
HopeAlley.com has the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page http://www.hopealley.com/terms-conditions.php to determine the then-current Terms to which you are bound.
DISPUTES AND JURISDICTION
Any dispute relating in any way to your visit to HopeAlley.com or to products you purchase through HopeAlley.com shall be submitted to confidential arbitration in Bozeman, Montana except that, to the extent you have in any manner violated or threatened to violate HopeAlley.com’s intellectual property rights, HopeAlley.com may seek injunctive or other appropriate relief in any state or federal court in the state of Montana, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against HopeAlley.com.
YOU AND HOPEALLEY.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HOPEALLEY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.