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TERMS OF USE

The Terms of Use set forth herein (“Terms of Use”) applies to use of the resources comprising the Internet Web site located at http://www.lp2cdsolutions.com (the “Site”), owned, operated, licensed, or controlled by Hope Lives, Inc. (“Company”). Please read these Terms of Use carefully, they govern your use of the Web Site.

1. Acceptance. By accessing this Web Site, you agree to be bound by these Terms of Use which may be updated by Company from time to time without notice to you. Please check these Terms of Use periodically for changes. Continued use of the Web Site following the posting of changes to these Terms of Use shall mean you have read and accept such changes.

2. Use of Web Site Content. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Web Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Company. No material from the Web Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as explicitly provided by these Terms of Use.

You may view, download, and print contents from the Web Site subject to the following conditions: (a) the content may be used solely for information and not commercial purposes; (b) you shall keep intact all copyright and other proprietary notices; and (c) the content may not be modified or altered in any way.

3. Restrictions on Use of the Web Site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without the express written consent of Company. You may not use any meta tags or any other “hidden text” utilizing Company's name or trademarks without the express written consent of Company. You may not use any Company logo or other proprietary graphic or trademark as part of a hyperlink without the express written permission of Company.

Modification of the materials or use of the materials for any other purpose is a violation of Company’s copyright and other proprietary rights. Except as otherwise provided, the use of any material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Company.

Further, you shall not commit any of the following acts through your use of the Web Site:

A. transmit any content that is invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
B. use foul language or post links to adult-oriented Web sites;
C. transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unrequested solicitation;
D. post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including “blind” or “hidden” referral links;
E. collect, store, use or disseminate personal data or information about other users in any manner whatsoever including but not limited to solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).

4. Forums and Other Public Communication. “Forum” shall mean a discussion group, chat area, bulletin board, or e-mail function offered as part of the Web Site. You shall not upload to, distribute through, or otherwise publish through a Forum any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any person or entity, or that would otherwise give rise to liability or violate any law.

The Forums shall be used only in a noncommercial manner. You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Web Site to join or become members of any commercial online service or other organization is expressly prohibited.

By uploading materials to any Forum or submitting any materials to Company, you automatically grant (or warrant that the owner of such rights has expressly granted) Company a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

5. Privacy. It is the policy of Company to respect the privacy of all Web Site users. Therefore, in addition to the privacy of registration data, Company shall not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of the Web Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served on Company; (ii) protect and defend the rights or property of Company; or (iii) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages.

6. Indemnity. You shall indemnify and hold Company harmless from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and attorneys’ fees arising from or related in any way to (i) content or materials provided by you; (ii) any claim which, if proved, would breach any representation you have made herein; and (iii) any and all Third Party Claims arising out of any content or materials submitted by you or transmitted through this Web Site by you.

7. Termination. These Terms of Use are effective as of the first date materials from the Web Site are accessed by you (the “Effective Date”) and shall continue in effect until terminated by either party. User may terminate the agreement formed by these Terms of Use at any time by destroying all materials obtained from the Web Site and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. These Terms of Use shall terminate immediately without notice from Company and your right to access the Web Site shall immediately cease, if in Company's sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon termination, you shall destroy all materials obtained from the Web Site and all copies thereof, whether made under the terms of these Terms of Use or otherwise.

Company may, at its sole discretion, and at any time, discontinue providing the Web Site, or any part thereof, with or without notice. You agree that any termination of your access to the Web Site under any provision of these Terms of Use may be effected without prior notice. Further, you agree that Company shall not be liable to you or to any third party for any termination of your access to the Web Site.

8. Links to the Web Site. You recognize and agree that the materials contained in the Web Site are proprietary to Company and that such materials have substantial commercial value to Company. You shall not link to any page in the Web Site, including the home page, without Company’s prior written consent. In the event that you or your agents desire to hyperlink to any page in the Web Site you shall first request permission from Company in writing. Your request shall state the following: (a) your name and contact information; (b) the nature of the Web site on which you wish to include such link; (c) the internet address(es) of the linking Web site(s) or Web page(s), as appropriate; (d) the intended purpose of the proposed link (e.g. commercial or educational); and (e) the page(s) on the Web Site to which you wish to link.

9. Jurisdiction. Unless otherwise specified, the materials in this Web Site are presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions, and protectorates. The Web Site is controlled and operated by Company from its offices within the State of Illinois, United States of America. Company makes no representation that materials in this Web Site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.

10. Disclaimer. THE MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

11. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO COMPANY, IF ANY, FOR ACCESSING THIS WEB SITE.

12. Links to Outside Web Sites and Services. To the extent that this Web Site contains links to outside services and resources, Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

13. Copyrights and Copyright Agents. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company’s Copyright Agent the following information:

A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B. a description of the copyrighted work or other intellectual property that you claim has been infringed;
C. a description of where the material that you claim is infringing is located on the Web Site;
D. your address, telephone number, and email address;
E. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
F. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Company’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o David M. Adler, Esq. & Assoc., PC
161 N. Clark Street Suite 2500
Chicago, IL 60601
By phone: (866) 734-2568
By email: copyright@ecommerceattorney.com

14. Miscellaneous. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be litigated only in the state or federal Courts located in Cook County, Illinois and you hereby consent and submit to the personal jurisdiction of such Courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any term or condition of these Terms of Use shall be valid or binding on Company unless the same shall have been set forth in a written document, specifically referring to these Terms of Use and duly signed by Company. The failure of Company to enforce at any time any of the provisions of these Terms of Use shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of Company to enforce each and every such provision thereafter.

 

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