Terms of Use

Applicability of Terms of Use

These Terms of Use apply to hiasfoundation.org; HIAS Foundation mobile sites and applications; HIAS Foundation subdomains; and any other HIAS Foundation sites, applications, or services; or any features of these sites, applications, or services; including, but not limited to, hiasfoundation.org, and other social networking features (collectively, “HIAS Foundation websites” or “website”). By accessing or using this website, you signify that you have read, understand, and agree to be bound by the terms of this policy whether or not you are a registered user of HIAS Foundation. If at any time you do not agree to abide by these or any future terms, do not use or access this website. HIAS Foundation reserves the right to change this and any other policy on the HIAS Foundation website at any time, without any notice to you, by posting updated Terms of Use and/or an updated Privacy Policy. Any modifications, additions, or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the HIAS Foundation website following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.

Personal Information

HIAS Foundation is committed to protecting your privacy. HIAS Foundation does collect personal information from users, including, but not limited to, an individual’s name, address, telephone number, credit card information, or email address, in association with donations, user registration, newsletters, and other activities, when relevant. Additionally, when a user visits the HIAS Foundation website some information is automatically collected, including, but not limited to, the user’s computer operating system and browser type, version, and capabilities. HIAS Foundation also uses personal information to communicate with registered users. For example, HIAS Foundation might use your personal information to send you newsletters or to solicit funds.

HIAS Foundation does not sell or rent personal information to third parties. Occasionally, HIAS Foundation does share personal information with similar nonprofit organizations. We are committed to the privacy of our donors. Should you prefer that we not share your information with other nonprofits, you may opt out at any time by calling us at 301-844-7990 or emailing leavealegacy@hiasfoundation.org.

Proprietary Right of HIAS Foundation; Website Content

All content on the HIAS Foundation website including marks, logos, text, pictures, video, audio, and other materials, and their selection, arrangement, and compilation (“Content”) are the property of HIAS Foundation. Content of the HIAS Foundation website cannot be downloaded, modified, copied, distributed, displayed, or transmitted other than for your personal non-commercial use without the express, written consent of HIAS Foundation. Other than User Materials you have submitted to HIAS Foundation, you are granted a limited license to download or print a portion of HIAS Foundation Website Content for your own personal, non-commercial use only, provided that: (a) you include without modification all copyright and other proprietary notices contained in the content; (b) you do not modify the content; (c) you do not use the content in a manner that suggests HIAS Foundation promotes or endorses your, or any third party’s, causes, ideas, websites, products, or services; and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. This license is revocable at any time without notice or cause.

Any other use of Content requires express prior written permission from HIAS Foundation.

User Materials

Throughout the HIAS Foundation website, including, but not limited to hiasfoundation.org, HIAS Foundation’ Facebook Application, the Contact Us page, and commenting options found throughout hiasfoundation.org and its related subdomains and sites, users may post, upload, transmit and/or otherwise submit comments, messages, other text, photos, images, stories, essays, videos, audio files, and other content and materials (“User Materials”). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by HIAS Foundation staff and by the general public.

We reserve the right to screen, refuse to post, remove, or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the HIAS Foundation website. However, by submitting User Materials on or through the HIAS Foundation website, you hereby grant HIAS Foundation a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to: the HIAS Foundation website, applications, and services; third party licensee websites, applications, and services; over the air (on radio or television); and other applications and services; without payment and without further consent or notice to you. You further grant HIAS Foundation the right to contact you in connection with your User Materials and to use your name, city, state, and other information that you have provided in connection with the User Materials.

Rules for Use of the Website

By using the HIAS Foundation website, including by registering for the HIAS Foundation website, participating in online discussions, submitting User Materials, viewing or accessing information from any pages on the HIAS Foundation website, or by using any other features of the HIAS Foundation website, you agree to the following rules:

  1. You may not submit any User Materials anonymously or under a false name or a false email address. You may not impersonate another user or provide any false information about yourself.
  2. You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.
  3. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral, or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute, and authorize HIAS Foundation, and users of the HIAS Foundation website (to the extent permitted by these Terms of Use), to use and distribute any User Materials.
  4. The HIAS Foundation website can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting.
  5. You may not submit any software or other material which contains a virus, worm, Trojan horse, or other harmful computer code, files, scripts, agents, programs, or device. You may not use the HIAS Foundation website to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or email addresses for the purpose of sending unsolicited email or other communications to other users of the HIAS Foundation website.
  6. You may not interfere with or disrupt the integrity or performance of the HIAS Foundation website, any portion or contents thereof, or related systems or networks, or use the HIAS Foundation website in any way which degrades its reliability, speed or operation, or its underlying hardware or software. In addition, you may not attempt to gain unauthorized access to the HIAS Foundation website or related systems or networks.
  7. By submitting any User Materials on or through the HIAS Foundation website, you hereby grant HIAS Foundation, and users of the HIAS Foundation website, applications, and services (to the extent permitted by the Terms of Use), the licenses to use those User Materials as set forth above in the “User Materials” section.
  8. You are solely responsible for any User Materials submitted using your account. HIAS Foundation does not and cannot review all User Materials submitted by you or others and is not responsible for any User Materials submitted by you or others on or through the HIAS Foundation website. However, HIAS Foundation has the right (but not the obligation) to review, screen, delete, edit, and/or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the website or these Terms of Use, or for any other reason, as determined in HIAS Foundation’ sole discretion.
  9. HIAS Foundation is not responsible or liable for any User Materials submitted by you or a third party on or through the HIAS Foundation website. HIAS Foundation cannot verify the accuracy of statements that users make or place on or through the HIAS Foundation website, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the website or these Terms of Use.
  10. If you access the HIAS Foundation website from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
  11. By using the HIAS Foundation website, you agree to abide by these rules. You acknowledge that HIAS Foundation has the right (but not the obligation) to review, screen, delete, edit, or move content or material that it deems, in its sole discretion, to be in violation of the Rules for Use of the website or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that HIAS Foundation has the right to limit or terminate your, or any other person’s, access to or registration in the HIAS Foundation website for any reason, in its sole discretion, including violation of the Rules for Use of the website or these Terms of Use.

HIAS Foundation Provided Content

HIAS Foundation uses reasonable efforts to ensure the accuracy and correctness of HIAS Foundation provided content, but HIAS Foundation makes no representations or warranties as to this HIAS Foundation provided content.

Links to Other Websites

The HIAS Foundation website might provide links or references to other non-HIAS Foundation websites and resources. HIAS Foundation is not responsible, and makes no representations, warranties, or commitments, nor does HIAS Foundation accept any liability whatsoever, for the policies, practices, or content of these websites. A link to a non-HIAS Foundation website does not mean that HIAS Foundation endorses the content or use of such website or owner. In addition, HIAS Foundation is not a party to, nor responsible for, any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the HIAS Foundation website.

Disclaimer of Warranties

THE HIAS FOUNDATION WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HIAS FOUNDATION DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE OR THAT THE HIAS FOUNDATION WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

Limitation of Damages

UNDER NO CIRCUMSTANCES SHALL HIAS FOUNDATION, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR MEMBERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE HIAS FOUNDATION WEBSITE OR ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE HIAS FOUNDATION WEBSITE, INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE HIAS FOUNDATION WEBSITE OR ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE HIAS FOUNDATION WEBSITE; INTERRUPTIONS; ERRORS; DEFECTS; MISTAKES; OMISSIONS; DELETIONS OF FILES; DELAYS IN OPERATION OR TRANSMISSION; NON-DELIVERY OF INFORMATION; DISCLOSURE OF COMMUNICATIONS; OR ANY OTHER FAILURE OF PERFORMANCE.

Release and Indemnity

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST HIAS FOUNDATION ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE HIAS Foundation WEBSITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HIAS FOUNDATION FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR FAILURE TO ABIDE BY APPLICABLE LAW.

Choice of Law

The state and federal courts of the state of New York are the exclusive forum and venue to resolve any and all disputes arising out of use of the HIAS Foundation website. Users of the HIAS Foundation website consent to personal jurisdiction and venue by the state and federal courts of the state of New York. Furthermore, the laws of the state of New York govern any disputes arising from use of the HIAS Foundation website.

Questions and Opting Out

If you have any questions or comments concerning any content on the HIAS Foundation website; would like to change, update, or delete your personal information or any other submitted material; or would like to opt out of any future communications, please contact HIAS Foundation at: leavealegacy@HIAS Foundation.org.

You also may write or call HIAS Foundation at:

1300 Spring Street, Suite 500
Silver Spring, MD 20910
301-844-7990

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