Terms and Conditions
Welcome to the Heart4Victims website (“site”). In addition to describing our programs, this site provides access to government forms that assist victims of designated crimes in the state of California. This site also provides an opportunity for victims to create a virtual mailbox to receive and read mail. We encourage you to read the entire policy as it sets forth our understanding with you when you visit our website. These terms and conditions have been developed for your protection, as well as ours. Heart4Victims is not responsible for any errors or omissions in the site.
- Registration. In order to access certain content, services or benefits on the site, you may be asked to register and create an account. As part of the registration process, you must click to agree to these Terms, and may then be asked to select a user name and password. You may also be required to provide Heart4Victims with certain information about yourself including some types of personally identifying information such as your email, your physical address and your telephone number. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password.
- Materials Submitted to the Site.Certain features of the site allow you to contribute information, content, text, files, graphics and other materials and information (“user content”). By posting such user content, you represent that you have the full legal right to provide the user content and that use of the user content by Heart4Victims will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any California or federal law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party.
- Third Party Web Sites and Content.The site is available for informational purposes only. The site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest or assistance. Use of such third party links, the site and any other material or content on and made available through the site is entirely at your own risk. Heart4Victims does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites. Heart4Victims does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the site.
- Unauthorized Activities. You agree that you will not use the site for (a) any illegal or unauthorized purposes that violate any local, state, national, or international laws; (b) modifying, copying, distributing, displaying, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the materials on the site, unless otherwise authorized by these Terms; (c) attempting to gain unauthorized access to Heart4Victim’ss computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the site or any services provided through the site; or (d) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the site aimed at preventing or restricting the unauthorized use of the site. You acknowledge and agree that the unauthorized use of the site could cause irreparable harm to Heart4Victims and that in the event of such unauthorized use, Heart4Victims shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Listed below are some, but not all, prohibited activities that may result in action by Heart4Victims:
a) Posting, transmitting, or facilitating in the promotion of illegal content through our website or electronic services.
b) Using our website, our material, or electronic services to harass, threaten, embarrass another visitor or third party.
c) Transmitting or facilitating distribution of content that is untrue, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable.
d) Using the name and logo or links bearing the name and logo on websites which Heart4Victims finds, in its sole discretion, to be objectionable or which includes obscene, violent, intolerant, tasteless or denigrating content or materials.
e) Pretending to be anyone whom you are not.
f) Attempting to get a password, other account information, or other private information from others, or harvest email addresses or other information.
g) Posting any unsolicited content or designs, including advertising and promotional materials on the site.
- Internet Security. Heart4Victims uses reasonable efforts to ensure that the site is generally available 24 hours a day, seven days a week. However, there will be occasions when access to the site will be interrupted or unavailable. Heart4Victims will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Heart4Victims will not be liable to you for any modification, suspension or discontinuance of the site. You understand that the technical processing and transmission of any site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Heart4Victims via the Site or the Internet.
- Indemnification. You shall indemnify Heart4Victims and its directors, officers, employees, agents, contractors and licensors against all claims, actions, suits, and other proceedings arising out of or incurred in connection with the site and your use of the site, or any services obtained through the site, your fraud, violation of law, negligence, willful misconduct, or any other use of the site, the user content, the services, information and other materials on, in and made available through the site, except to the extent attributable to Heart4Victims, or any breach by you of these Terms and shall indemnify and hold Heart4Victims harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such claims. You may not settle any claim without the prior written consent of Heart4Victims. You shall have the right to employ separate counsel in any claim and to participate in the defense thereof.
- Changes to these Terms; Termination.Heart4Victims reserves the right at any time to modify, alter or update these Terms. Your use of the site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the site before the change was made. It is the obligation of users visiting the site before the change to learn of changes to the Terms since their last visit. Heart4Victims may suspend or terminate your account and/or your ability to use the site, or any services on the site, for failure to comply with these Terms, for providing Heart4Victims with untrue or inaccurate information about yourself, for infringement upon Heart4Victims proprietary rights, or for any other reason whatsoever.
- Governing Law and Jurisdiction. These Terms represent the entire agreement between you and Heart4Victims with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the state of California, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in California; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
- Disclaimer. Your access to and use of the site or any content is at your own risk. You understand and agree that the site is provided to you on an “as is” and “as available” basis. Without limiting the foregoing, to the full extent permitted by law, Heart4Victims disclaims all warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringment. Heart4Victims is not responsible for and does not guarantee the accuracy or completeness of any materials on the site, user content, data, services, links, advertisements or other items contained within the site. Heart4Victims reserves the right to immediately remove anything from the site for any reason or for no reason. Heart4Victims cannot and does not review all communications or products made available on or through the site, but, although not obligated to, may review, verify, make changes to or remove any user content, the site or the services made available in connection with the site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of the site. Hear4Victims shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual or punitive damages of any kind whatsoever resulting from the use of, access to or inability to use the site, the user content, services and other materials on, in and made available through the site. If you are dissatisfied with the site or with any of these Terms, or feel Heart4Victims has breached these Terms, your sole and exclusive remedy is to discontinue using the site.
Notice for California Users. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.