Harbor Hospice Terms of Use
This website is owned and operated by Harbor Hospice (“we” or “us). These Terms of Use apply to our website, https://harborhospicemi.org, and any related sites (collectively, the “Site”). You should carefully read these Terms of Use. Your access to and use of this Site are governed by these Terms of Use, which are a legally binding contract between you and us. In addition, when using a particular service or accessing certain materials on or through this Site, you are subject to any posted terms, conditions, agreements, disclosures, and rules, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR WEBSITE PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THIS SITE.
Informational Purposes Only
The information and materials contained within this Site are provided for informational purposes only. If you are in need of immediate medical attention, call 911.
Amendments
We reserve the right to change these Terms of Use and any of our other terms, conditions and rules relating to the Site, at any time in our sole discretion. We will notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.
Eligibility
We may, in our sole discretion, refuse to offer this Site or the Services to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site or Services is revoked in such jurisdictions.
Use of Site, Materials, and Services
Through the Site, we may make available to you: (a) certain audio and visual text, information, images, video, and other materials contained or displayed in or made available through the Site (collectively, the “Materials”); and (b) various services and functionality (collectively, the “Services”). We and our licensors grant to you a personal, non-exclusive, non-transferable license to use the Services and access, view, download, print, use and display Materials solely for your own informational use. In these Terms of Use, all references to the “Site” shall be deemed to include all Materials and Services unless otherwise expressly indicated. All rights not expressly granted by us to you are retained by us, and you may not use the Site or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part. The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to trademark rights of us, our affiliates, and our business partners. You shall not: (i) remove or destroy any proprietary rights marks or legends on or in the Site; (ii) modify, enhance, adapt, translate, or create derivative works of the Site; (iii) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (iv) decompile, disassemble or reverse engineer the Site; (v) reproduce or make copies of the Site; (vi) “frame” or “mirror” the Site on any other server or Internet-based device; (vii) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (viii) use any data mining, robots, or similar data gathering and extraction tools; or (ix) use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to us by third parties and that the availability of such elements may cease automatically, without notice or liability on our part. We and our licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.
Prohibited Behaviors
Your ability to use this Site depends on your compliance with the conduct guidelines set forth in these Terms of Use. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site or take other appropriate measures to enforce these conduct guidelines. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to:
- engage in any offensive activities, such as harassment, or that are otherwise inappropriate, false, misleading, inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy;
- conduct any unauthorized access, monitoring, collection, or use of data, systems or networks;
- send unsolicited commercial email or spam, including marketing, advertising, chain letters or any other practice that is in any way connected with spam such as sending mass email to recipients who have not requested email from you;
- impersonate anyone or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- use this Site for the benefit of any third party or in any manner not permitted by this policy, or otherwise exceed the scope of the Services that exceed the scope of your use rights.
Online Donations
You may use the Site to make donations. Your chosen form of payment will be charged immediately upon completion of the donation. We process payment information as promptly as possible; however, many factors outside our control can contribute to the timing of receipt of information. We make no representations or warranties regarding the time required to process payment information and will not be responsible for delays in the processing of payment information that are out of our control. Payments for donations made on our Site are processed by our third party service provider, Donor Perfect, and are subject to its terms (available here: https://www.donorperfect.com/company/terms-of-service/). For more information or to talk with a representative about our services and ways to give, please contact our Director of Development using the contact information detailed at the end of these Terms of Use.
Third Parties
We may use third party service providers to help develop and maintain this Site and to provide specific services offered through this Site. You agree that the terms and conditions set forth in these Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers we engage. All references to us are deemed to include our agents and service providers. All of our agents and service providers will be authorized to use your personal information only for the purpose for which they are hired.
When you visit the Site, you could be directed to other sites that are beyond our control. We are not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. We reserve the right to terminate any link or access to third party listing at any time. We provide such links and content only as a convenience to you and for informational purposes only. If you decide to access any third party sites linked to this Site, provide such third party with personally identifiable information, or use such third party’s products or services, you do so subject to the terms and policies applicable to those third parties and entirely at your own risk.
Feedback
If you provide us with any comments, suggestions or other feedback (collectively, “Feedback”), we, without any restrictions, have the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into the Site, without obligation to you. We will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on our behalf resulting from your Feedback, including, without limitation, any modifications or enhancements to the Site.
Consent to Collection and Use of Usage Data
You agree that we may collect, use and share certain information about you and your use of the Site, including but not limited to technical information about our services, your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to the Site (collectively, “Usage Data”). We use Usage Data to improve the Site and our services, facilitate the provision of Site updates, and provide support. Usage Data is automatically transmitted to us by the Site. You acknowledge and agree that we retain sole and exclusive ownership of all right, title and interest in and to the Usage Data, and you shall have no rights to retain or use any of the Usage Data. We may use the Usage Data without limitation, but we will ensure that such Usage Data is anonymized and/or aggregated in such a manner that it no longer identifies you before sharing Usage Data with third parties.
Privacy
Your use of our Site is subject to our Website Privacy Policy. Please read the Privacy Policy to understand the parameters of privacy when using our Site. We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Use. You acknowledge that by providing you with the ability to post information on this Site, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on this Site.
DISCLAIMER OF WARRANTIES
THIS SITE, INCLUDING ALL MATERIALS AND OTHER INFORMATION AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR CONTINUED AVAILABILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. BY USING THIS SITE, YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE US AND OUR THIRD PARTY INFORMATION AND SERVICE PROVIDERS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. YOU ACKNOWLEDGE THAT THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, CONTENT, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES THAT ARE REFERENCED BY OR LINKED TO THIS SITE.
LIMITATIONS OF LIABILITY
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL WE, OUR LICENSORS OR SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS; OR (C) DIRECT DAMAGES IN EXCESS OF $50.00 U.S. DOLLARS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM. WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE. Nothing in THESE Terms of Use is meant to exclude, restrict or modify any of our liability under any law under any jurisdiction in which the Site is accessed, which law prohibits, restricts or modifies any portion of the limitation of liability or disclaimer of warranties set forth herein.
Indemnity
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, agents, partners, licensors, and employees, from and against any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or related to: your use of this Site; your violation of these Terms of Use or any other applicable policy; your violation of any rights of another; or breach of any representation or warranty made by you under these Terms of Use. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.
Termination
We may terminate your access to this Site at any time and for any reason without prior notification. Additionally, we may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to this Site. You agree that we will not be liable to you or any third-party for any termination of your access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.
Applicable Law, Severability and Waiver
To ensure consistency in the interpretation and enforcement of these Terms of Use and our rights in the Site, these Terms of Use will be governed exclusively by the laws of the state of Michigan and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and us related, in any way, to the Site, these Terms of Use, or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Western District of Michigan, and/or the Circuit Court of the County of Kent, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect. Our failure to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these Terms of Use.
How to Contact Us
If you have any questions or wish to report any violation of these Terms of Use, please contact us at:
Harbor Hospice
1050 W Western Ave # 400
Muskegon, MI 49441
Phone: (231) 728-3442
These Terms of Use were last updated December 4, 2024.
