I. Nature of the Website
II. Use of the Website
Hopebridge grants you a non-exclusive right to access and use the Website and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. You may use the Website only for non-commercial (not for profit) uses in accordance with these Terms unless you are otherwise expressly authorized by Hopebridge to use the Website for commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with all applicable laws. Hopebridge reserves the right to make changes to, update or withdraw the Website at any time and without notice. Your access to and use of the Website is completely at the discretion of Hopebridge, and your access to and use of all or part of the Website may be blocked, suspended, or terminated should your use violate these Terms. You may link a website or webpage to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or imply Hopebridge’s endorsement of any such use.
III. Intellectual Property
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Hopebridge, its licensors, or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Hopebridge® and Hopebridge 360® are federally registered trademarks of Hopebridge. Hopebridge EZ-Intake™ is also subject to a pending application for federal registration as a trademark of Hopebridge. You must not use such marks without the prior express written consent of Hopebridge. All other names, logos, products and service names, designs, and slogans on this Website are the trademarks or property of their respective owners. Except as otherwise permitted by these Terms, you may not download, modify, make derivative works of, store or transmit any material on the Website, or any portion of the Website, except with express written consent of Hopebridge. You may view, print, copy, and download portions of information, documentation, and other content of the Website solely in connection with your use of the Website, and solely for your own personal, non-commercial (not for profit) use or personal records. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Hopebridge. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, contract and other laws.
IV. Medical Information
A key function of our Website is to help individuals find autism therapy services that will meet the specific needs of a family or individual. Therefore, when using the Website for this and similar functions, you may choose to disclose information related to medical services sought by or the diagnosis and treatment of an individual (“Medical Information”). State and federal laws, as well as ethical and licensure requirements, may impose obligations with respect to patient confidentiality that may limit your ability to receive, disclose, or make use of Medical Information, including transmitting Medical Information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of Medical Information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of Medical Information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Medical Information. Your use of the Website does not create a patient relationship between you and Hopebridge, or between you and any health care professional employed by or associated with Hopebridge. Any information you provide through the Website will not be considered part of a medical record.
V. Third Party Information; Links to Other Sites
VI. Third Party Applications
You acknowledge that your access and use of any third-party applications or software on our Website (the “Third-party Applications”) is at your discretion and risk, and Hopebridge has no liability to you arising from your use of the Third-party Applications. Hopebridge hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold Hopebridge harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with your use or performance of the Third-party Applications.
VII. Disclaimer of Warranties & Limitation of Liability
You understand the use of the Website is at your own risk. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HOPEBRIDGE NOR ANY PERSON ASSOCIATED WITH HOPEBRIDGE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER HOPEBRIDGE NOR ANYONE ASSOCIATED WITH HOPEBRIDGE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
HOPEBRIDGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
a. Governing Law and Venue. The laws of the State of Indiana shall govern these Terms. All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana in each case located in the City of Indianapolis and County of Marion. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
b. Arbitration. At Hopebridge’s sole discretion, Hopebridge may require you to submit any disputes arising from the use of these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Indiana law. By using the Website, you hereby consent to submission of any dispute to be final and binding arbitration.
c. Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
d. Indemnification. You agree to defend, indemnify and hold harmless Hopebridge, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to any submissions you make, any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website
e. U.S. Use Only. Hopebridge, as the owner of the Website, is based in the state of Indiana in the United States. We provide this Website for use only by persons located in the United States.
f. QUESTIONS OR COMMENTS. If you have any questions, comments or concerns about these Terms, the Website, or your dealings with Hopebridge, please email your questions to Email Compliance at email@example.com.
g. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hopebridge as a result of these Terms or use of the Website. You may not assign these Terms without the prior written consent of Hopebridge in all instances. Hopebridge may assign these Terms, in whole or in part, at any time. Hopebridge’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Hopebridge’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Hopebridge with respect to such use.
h. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
Hopebridge reserves the right, in its sole and absolute discretion, to change the Terms from time to time as required by evolving business needs. All changes to the Terms are effective from the date posted. The current revision date will always be designated within the Terms. Check this page periodically if you would like to monitor changes. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).