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WEBSITE POLICY

Comprehensive Legal Disclaimer for Help Is Hope Foundation
 

1. Mission & Ethical Foundation

HIH harnesses technology and community-driven strategies to empower marginalized populations in California's Central Valley through:

  • AI-enhanced peer support tools (e.g., AI Thought Reframing System)

  • Skill-building programs integrating trauma-informed care and harm reduction

  • Resource navigation systems addressing systemic inequities

Core Values:

  • Compassionate accountability in all interventions

  • Data-driven solutions for sustainable impact

  • Radical transparency in AI-assisted services

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Accuracy and No Guarantee Clause:

HIH strives to provide accurate and up-to-date information about our mission and services. However, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on our website or in our programs. Any reliance you place on such information is strictly at your own risk. HIH shall not be held responsible for any misinterpretation or misuse of the information provided.

 

2. Tax-Exempt Status and Donation Information

2.1 Tax-Exempt Status Notice

Help Is Hope Foundation (HIH) is recognized as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. Our Federal Employer Identification Number (FEIN) is 994223228, and our Corporate/Organization Number is 6323768. Contributions to HIH are tax-deductible to the extent permitted by law.

2.2 Donation Disclosure

HIH is committed to transparency in its financial operations. Significant donations and grants are disclosed in our annual report, which is available to the public upon request. This report provides a comprehensive overview of our funding sources and how these contributions support our mission to empower underserved communities in California's Central Valley.

2.3 Financial Information Availability

Our annual Form 990 tax return and other financial documents are available for public inspection. Interested parties can request access to these documents by contacting our finance department or visiting our website's transparency portal. This commitment to financial transparency aligns with our core value of radical transparency in all our operations, including AI-assisted services.

2.4 Donor Bill of Rights

HIH respects and upholds the Donor Bill of Rights, which includes:

  • The right to be informed of HIH's mission and how donations are used

  • The right to access HIH's most recent financial statements

  • Assurance that donations will be used for the purposes for which they were given

  • The right to receive appropriate acknowledgment and recognition

  • The right to be assured that donor information is handled with respect and confidentiality

2.5 Use of Donations

Donations to HIH directly support our innovative programs, including:

  • AI-enhanced peer support tools and tech/digital literacy advancement

  • Skill-building initiatives integrating trauma-informed care and harm reduction

  • Resource navigation systems addressing systemic inequities in the Central Valley

2.6 Disclaimer

While HIH makes every effort to use donations as intended, we reserve the right to redirect funds as necessary to fulfill our mission and meet urgent community needs. HIH is not liable for any tax consequences resulting from donations. Donors are encouraged to consult with a tax professional regarding the deductibility of their contributions.

 

3. Data Collection and Usage

3.1 Information We Collect

When you use Help Is Hope (HIH) services, we may collect the following types of information:

  • Information you provide directly (e.g., name, email address, phone number, ZIP code, and any other details you share)

  • Automatically collected information (e.g., IP address, browser type, device information, cookies, and usage data)

  • Community need assessments tied to grant outcomes

  • Device metadata for accessibility optimization

  • Usage data, including interactions with our website and services

3.2 How We Use Your Information

We use the information we collect to:

  • Provide and improve our services

  • Respond to your inquiries and comments

  • Communicate with you about updates, services, and promotions

  • Monitor and analyze usage trends

  • Conduct quality assurance and training

  • Analyze usage trends and enhance user experience

  • Generate anonymized community mental health insights

  • Prevent fraudulent activities and comply with legal obligations

3.3 Information Sharing and Disclosure

Your information may be shared with:

  • Service providers or third-party vendors who assist us

  • Legal authorities if required by law or necessary to protect our rights, safety, or the public

  • Other users, as part of user-generated content submissions to the community

3.3 AI-Assisted Data Processing

You consent to HIH using AI technologies to process and analyze data, including:

  • Natural language processing of written and spoken communications

  • Identification of cognitive distortions linked to systemic oppression

  • Generation of culturally responsive reframing strategies

  • Predictive modeling for service personalization

3.4 Data Retention

We retain your personal information for as long as necessary to provide our services and fulfill the purposes outlined in this policy, unless a longer retention period is required by law.

3.5 Your Rights

You have the right to:

  • Access your personal data

  • Correct inaccuracies in your personal data

  • Request deletion of your personal data

  • Object to or restrict the processing of your personal data

  • Request a copy of your personal data in a structured, commonly used, and machine-readable format

3.6 Data Security

We implement and maintain reasonable security measures to protect the confidentiality, security, and integrity of your personal information. These measures include encryption of data in transit and at rest, regular security assessments, and employee training on data protection practices. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

3.7 California Privacy Rights

If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA):

  • The right to know what personal information we collect, use, disclose, and sell

  • The right to request deletion of your personal information

  • The right to opt-out of the sale of your personal information

  • The right to non-discrimination for exercising your CCPA rights

To exercise these rights, please contact us using the information provided in the Contact Information section.

 

4. Privacy and Confidentiality

4.1 Data Protection

We implement and maintain reasonable security measures to protect the confidentiality, security, and integrity of your personal information. These measures include:

  • Encryption of data in transit and at rest

  • Regular security assessments

  • Employee training on data protection practices

However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

4.1B Data Sharing and Third-Party Service Providers

We may share your information with third-party service providers who perform services on our behalf, such as hosting, data analysis, and customer service. These providers are contractually obligated to protect your information and are prohibited from using it for any other purpose.

4.1C Data Transfers

Your information may be transferred to and processed in countries other than your own. We ensure appropriate safeguards are in place to protect your info

4.2 Confidentiality Limitations

While we prioritize confidentiality, we may disclose information in cases of:

  • Imminent safety concerns

  • Legal obligations or court orders

  • Suspected abuse or neglect

  • As required to protect our rights, property, or safety

4.3 Non-Disclosure Agreement

By using HIH services, you agree to:

  • Keep all confidential information strictly private

  • Use such information solely for accessing HIH services

  • Take reasonable precautions to prevent unauthorized disclosure

The confidentiality obligations outlined in this agreement shall remain in effect for a period of two (2) years from the date of disclosure or until such information becomes publicly available through no fault of the user, whichever occurs first.

4.4 Consequences of Breach

Any breach of this confidentiality agreement may result in immediate termination of your account, legal action, and monetary damages as determined appropriate by HIH.

4.5 Third-Party Safeguards

  • Zero data sharing with law enforcement without a court order

  • Academic partners sign binding equity impact agreements

  • Encryption protocols exceed California Consumer Privacy Act standards

4.6 Prohibited Access

  • Government monitoring requires community review board approval

  • Reverse engineering HIH AI tools triggers immediate legal action

This framework embodies our commitment to technological justice while establishing essential protections for vulnerable populations. It balances innovation with accountability through participatory governance models aligned with our mission.

4.7 Data Breach Notification

In the event of a data breach that compromises your personal information, we will notify you and relevant authorities as required by applicable laws.

4.8 Children's Privacy

Our services are not intended for individuals under the age of 18. We do not knowingly collect personal information from children. If we become aware that we have collected personal information from a child without parental consent, we will take steps to remove that information from our servers.

4.9 Changes to Privacy Practices

We may update our privacy practices from time to time. We will notify you of any material changes by posting the new policy on our website and, where required by law, seeking your consent.

 

5. AI Empowerment Suite

5.1 Tool Overview

AI analyzes thought patterns through natural language processing to:

  • Identify cognitive distortions linked to systemic oppression

  • Suggest culturally responsive reframing strategies

  • Generate anonymized community mental health insights

5.2 Data Protections

  • Voice/text inputs undergo real-time redaction of personal identifiers

  • Emotional pattern data contributes to regional equity mapping

  • Users retain opt-out rights via HIH Privacy Dashboard

5.3 Risk Disclosure

  • May surface unresolved trauma through reflective questioning

  • Lacks crisis response capabilities – contact 988 for emergencies

  • Outputs reviewed quarterly by community oversight board

5.4 User Responsibilities

  • Verify critical information with HIH case managers

  • Report algorithmic bias through incident portal

  • Participate in monthly feedback circles shaping tool evolution

5.5 Limitations of Liability

HIH is not liable for:

  • Emotional impacts resulting from interactions with Helen AI

  • Decisions made by users based on Helen AI's suggestions

  • Misinterpretation of Helen AI's outputs

5.6 Intellectual Property

The AI Empowerment Suite, including all algorithms, software, and associated materials, is the intellectual property of HIH. Users are granted a limited, non-exclusive license to use the tool for personal, non-commercial purposes only.

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6. Community Accountability Framework

6.1 Peer Support Parameters

  • Specialists complete 80+ hours in trauma-responsive training

  • Services focus on resource access, not clinical treatment

  • Helen AI suggestions carry "community wisdom" status – not professional advice

6.2 User Responsibilities

  • Verify critical information with HIH case managers

  • Report algorithmic bias through incident portal

  • Participate in monthly feedback circles shaping tool evolution

6.3 Ethical Foundation

Our approach blends compassion with accountability, focusing on:

  • Practical solutions for sustainable impact

  • Personal growth and empowerment

  • Data-driven interventions addressing systemic inequities

6.4 Prohibited Access

  • Government monitoring requires community review board approval

  • Reverse engineering HIH AI tools triggers immediate legal action

 

6.5 Prohibited Behaviors

To maintain a safe and inclusive environment, the following behaviors are strictly prohibited:

  • Harassment, discrimination, or hate speech directed at HIH staff, volunteers, or other users

  • Misuse of HIH tools or services for malicious purposes

  • Attempts to reverse-engineer or tamper with Helen AI or other proprietary tools

Violations of these guidelines may result in suspension or termination of access to HIH services.

6.6 Commitment to Accountability

HIH is committed to fostering a culture of accountability by:

  • Empowering users to report issues through accessible channels

  • Implementing corrective actions promptly when concerns are identified

  • Regularly publishing reports on the impact of its programs and tools

 

7. Legal Safeguards & Redress

7.1 Binding Arbitration

Disputes will be resolved through restorative justice models in Stanislaus County, with class action waivers except where prohibited by AB 511.

7.2 Governing Law

These terms are governed by California law.

7.3 Dispute Resolution Process

In the event of any dispute, claim, or controversy arising out of or relating to these terms of use or HIH:

a) The parties agree to first attempt to resolve the dispute informally by contacting us through our Contact Page.
b) If the dispute cannot be resolved informally, both parties agree to resolve any claim, dispute, or controversy through binding arbitration in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes.
c) The arbitration shall take place in Stanislaus County, California and shall be conducted in the English language.
d) The arbitrator's decision shall be final and binding on both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
e) You may opt out of this arbitration agreement within 30 days of first accepting these terms by sending written notice through our Contact Page.

7.4 Severability

If any provision of these terms is found to be unenforceable or invalid under applicable law:

a) Such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole.
b) Any such provision shall be deleted or limited to the minimum extent necessary, and a suitable provision that reflects the intent of the original provision shall be substituted.
c) The remaining provisions shall continue in full force and effect.

7.5 Release of Liability

By using Help Is Hope Foundation (HIH) services, you hereby release HIH, its staff, volunteers, affiliates, and partners from any and all claims, liabilities, or damages arising from your participation in our programs or use of our services. This release includes, but is not limited to:

a) Emotional impacts resulting from interactions with Helen AI or other HIH tools
b) Third-party misuse of de-identified datasets derived from your interactions
c) Service interruptions or technical issues, particularly in rural broadband areas
d) Decisions or actions taken based on information or guidance provided through HIH services
e) Any unintended consequences of participating in HIH programs or using HIH tools

7.6 Indemnification

You agree to indemnify, defend, and hold harmless HIH, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:

a) Your use or misuse of HIH services
b) Your violation of these terms or any applicable laws or regulations
c) Any content or information you submit, post, or transmit through HIH services
d) Your interaction with any other user of HIH services
e) Any violation of a third party's rights, including intellectual property rights

7.7 Limitation of Liability

To the fullest extent permitted by applicable law, HIH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

a) Your access to or use of or inability to access or use HIH services
b) Any conduct or content of any third party on HIH services
c) Any content obtained from HIH services
d) Unauthorized access, use, or alteration of your transmissions or content

7.8 No Warranty

HIH services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. HIH disclaims all warranties, including but not limited to:

a) Merchantability
b) Fitness for a particular purpose
c) Non-infringement

7.9 Acknowledgment of Risk

You acknowledge and agree that your use of HIH services is at your own risk. HIH does not guarantee any specific outcomes or results from the use of its services.

 

8. Legal Safeguards & Redress

8.1 Governing Law

These terms and all matters relating to your access to or use of HIH services, including all disputes, shall be governed by and construed in accordance with the laws of the State of California, United States, without giving effect to any principles of conflicts of laws.

8.2 Dispute Resolution

8.2.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact HIH directly and attempt to resolve the dispute informally by sending a written notice of your claim ("Notice") to: [Insert HIH legal contact information]. The Notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested.

8.2.2 Binding Arbitration

If the dispute is not resolved within 60 days after receipt of the Notice, you and HIH agree that any dispute, claim, or controversy arising out of or relating to these terms or the use of HIH services shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

8.2.3 Arbitration Procedures

The arbitration will be conducted through JAMS in accordance with its Streamlined Arbitration Rules and Procedures. The arbitration shall take place in Stanislaus County, California, or at another mutually agreed location. The arbitrator's decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

8.2.4 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us individually. To the fullest extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

8.2.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

8.3 Severability

If any provision of these terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

8.4 Changes to Legal Terms

HIH reserves the right to modify these legal terms at any time. We will provide notice of significant changes as required by applicable law. Your continued use of HIH services after such modifications will constitute your acknowledgment and agreement to the modified terms.

By using HIH services, you acknowledge that you have read, understood, and agree to be bound by these legal safeguards and dispute resolution procedures.

 

9. Physical/Digital Products Policy

9.1 Training Program Materials

9.1.1 Skill-Building Imperfections: Materials produced during training programs may show imperfections as part of the skill-building process. These imperfections are intentional and reflect the learning journey of participants.

9.1.2 Ownership: All materials created during HIH training programs remain the intellectual property of HIH, unless explicitly stated otherwise in writing.

9.1.3 Usage Rights: Participants are granted a non-exclusive, non-transferable right to use training materials for personal, non-commercial purposes only.

9.2 Digital Tools

9.2.1 Access: Access to HIH digital tools is granted on a subscription or per-use basis, as specified for each tool.

9.2.2 No Refund Policy: Due to the nature of digital products, no refunds will be issued for digital tools once access has been granted.

9.2.3 Reporting Defects: Users must report any defects or malfunctions within 72 hours of first accessing the digital tool. HIH will make reasonable efforts to address reported issues.

9.2.4 Updates and Maintenance: HIH reserves the right to update, modify, or discontinue any digital tool at its discretion. We will provide reasonable notice of significant changes or discontinuations.

9.3 Overseas Orders

9.3.1 Shipping Time: For physical products shipped overseas, please allow a minimum of 14 days for delivery.

9.3.2 Customs and Duties: Recipients are responsible for any customs fees, duties, or taxes imposed by their local government.

9.3.3 International Refunds: Due to the complexities of international shipping, refunds for overseas orders will be handled on a case-by-case basis.

9.4 Warranties and Disclaimers

9.4.1 No Warranty: All products, both physical and digital, are provided "as is" without any warranty, express or implied.

9.4.2 Fitness for Purpose: HIH makes no guarantees that products will be suitable for any specific purpose or meet individual expectations.

9.4.3 Limitation of Liability: HIH's liability for any product-related claim shall not exceed the purchase price of the product in question.

9.5 Intellectual Property

9.5.1 Copyright: All HIH products, including but not limited to training materials, digital tools, and associated content, are protected by copyright laws.

9.5.2 Prohibited Actions: Users are strictly prohibited from copying, distributing, modifying, reverse-engineering, or creating derivative works from any HIH product without explicit written permission.

By purchasing or using any HIH product, you agree to abide by this Physical/Digital Products Policy.

 

10. Governance & Evolution

10.1 Policy Updates

10.1.1 Notification Process: HIH reserves the right to modify, update, or change any policies, terms, or conditions at any time. We commit to the following notification process:

a) Marginalized users, as defined by our internal equity metrics, will receive prioritized notifications of changes.
b) All users will be notified of significant changes via email and/or prominent notices on our website or within our applications.
c) Minor changes may be posted without direct notification.

10.1.2 Implementation of Changes: Unless otherwise stated, all changes will take effect 30 days after the notification date.

10.1.3 Archiving: In compliance with CA SB 728, historical versions of our policies will be archived and accessible for a minimum of 7 years.

10.2 User Feedback and Participation

10.2.1 Feedback Mechanisms: HIH provides multiple channels for users to offer feedback on policies and services, including:

a) Monthly community feedback circles
b) Online surveys
c) Direct communication channels with our community engagement team

10.2.2 Participatory Governance: HIH is committed to involving our user community in the evolution of our policies and services. We will regularly seek input on major policy decisions and service improvements.

10.3 Oversight and Accountability

10.3.1 Community Oversight Board: An independent Community Oversight Board reviews our policies, practices, and AI systems quarterly. The board's findings and recommendations will be made public.

10.3.2 Algorithmic Audits: Annual third-party audits of our AI systems will be conducted to assess for bias, effectiveness, and alignment with our mission.

10.3.3 Transparency Reports: HIH will publish annual transparency reports detailing our policy enforcement actions, data practices, and progress towards our equity goals.

10.4 Prohibited Access and Security Measures

10.4.1 Government Monitoring: Any request for government monitoring or access to user data requires explicit approval from our Community Oversight Board, except where prohibited by law.

10.4.2 Reverse Engineering: Any attempt to reverse engineer HIH's AI tools, including but not limited to the Helen AI system, is strictly prohibited and will result in immediate legal action.

10.4.3 Security Measures: HIH employs industry-standard security measures to protect against unauthorized access, alteration, disclosure, or destruction of user data and our systems.

10.5 Continuous Improvement

10.5.1 Research Partnerships: HIH may engage in research partnerships to improve our services. All such partnerships will be subject to rigorous ethical review and user consent processes.

10.5.2 Innovation Pipeline: We maintain an open innovation pipeline where users can submit ideas for new features or services. Implemented ideas will be credited to the community members who suggested them.

By using HIH services, you acknowledge the dynamic nature of our governance and agree to stay informed about policy updates. Your continued use of our services after policy changes constitutes acceptance of those changes.

 

11. Intellectual Property Rights

11.1 Ownership

11.1.1 HIH Content: All content on the Help Is Hope Foundation website and associated platforms, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HIH or its content suppliers and is protected by United States and international copyright laws.

11.1.2 User-Generated Content: Users retain ownership of the content they create and submit to HIH platforms. However, by submitting content, users grant HIH a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with our services.

11.2 Trademarks

11.2.1 HIH Marks: The HIH name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of HIH or its affiliates. You may not use these marks without the prior written permission of HIH.

11.2.2 Third-Party Marks: All other names, logos, product and service names, designs, and slogans on HIH platforms are the trademarks of their respective owners.

11.3 Copyright Infringement

11.3.1 DMCA Compliance: HIH respects the intellectual property rights of others and expects users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

11.3.2 Reporting Infringement: If you believe that any content on our platforms infringes upon your copyright, please provide our copyright agent with the following information in writing:

a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
b) Identification of the copyrighted work claimed to have been infringed
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity
d) Your contact information, including your address, telephone number, and an email address
e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

11.4 Restrictions on Use

Users are prohibited from:

a) Modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any information, software, products, or services obtained from HIH platforms without prior written permission
b) Using any HIH content for commercial purposes without express written consent
c) Removing any copyright, trademark, or other proprietary notices from any HIH content

11.5 License to Use

11.5.1 Limited License: HIH grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our platforms and content for personal, non-commercial purposes, subject to these terms and conditions.

11.5.2 Revocation: HIH reserves the right to terminate or restrict your access to any or all of our platforms and to revoke this license at any time, for any reason, and without notice.

By using HIH services, you acknowledge and agree to respect all intellectual property rights as outlined in this section.

 

12. User-Generated Content

12.1 Content Submission

12.1.1 License Grant: By submitting, posting, or displaying content on or through HIH services, you grant HIH a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media formats and through any media channels.

12.1.2 Purpose of License: This license is for the limited purpose of operating, promoting, and improving our services, and to develop new ones.

12.1.3 Duration: This license continues even if you stop using our services, unless you delete your content or indicate otherwise.

12.2 Content Responsibility

12.2.1 User Accountability: You are solely responsible for the content you submit to HIH platforms. You affirm, represent, and warrant that:

a) You own or have the necessary licenses, rights, consents, and permissions to use and authorize HIH to use all intellectual property rights in and to any content you submit.
b) Your content does not violate any third-party rights, including intellectual property rights and privacy rights.

12.2.2 Prohibited Content: You agree not to submit content that:

a) Is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful
b) Encourages conduct that would be considered a criminal offense
c) Violates any third-party right, including intellectual property and privacy rights
d) Is false, misleading, or fraudulent
e) Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
f) Contains software viruses or any other malicious code

12.3 Content Moderation

12.3.1 Right to Remove: HIH reserves the right to review, refuse, or remove any content that violates these terms or is otherwise objectionable.

12.3.2 No Obligation: HIH is under no obligation to screen or monitor user-generated content.

12.3.3 Community Reporting: Users are encouraged to report content that violates these terms through our designated reporting channels.

12.4 Feedback and Suggestions

12.4.1 Voluntary Submissions: Any feedback, suggestions, ideas, or other information you provide to HIH regarding our services ("Feedback") is entirely voluntary.

12.4.2 Right to Use: You grant HIH the right to use, modify, reproduce, distribute, and display this Feedback without any compensation or obligation to you.

12.5 Indemnification for Content

You agree to defend, indemnify, and hold harmless HIH and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your content.

By submitting content to HIH platforms, you acknowledge and agree to abide by these terms governing user-generated content.

 

13. External Links Disclaimer

13.1 Third-Party Links

13.1.1 Presence of Links: The HIH website and services may contain links to third-party websites or resources that are not owned or controlled by HIH.

13.1.2 Purpose of Links: These links are provided for your convenience and information only. They do not imply any endorsement, sponsorship, or recommendation by HIH.

13.2 No Control or Responsibility

13.2.1 Content Disclaimer: HIH has no control over the content, privacy policies, or practices of any third-party websites or resources. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to our site.

13.2.2 User Responsibility: Your linking to any off-site pages or other sites is at your own risk. We advise you to review the terms and conditions and privacy policies of any third-party websites or resources that you visit.

13.3 Liability Limitation

13.3.1 No Liability: HIH will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or resources.

13.3.2 Indemnification: You agree to indemnify and hold HIH harmless from any damages, losses, or liabilities arising from your use of any third-party websites or resources accessed through links on our platform.

13.4 Removal of Links

13.4.1 Right to Remove: HIH reserves the right to remove any links to third-party websites or resources at any time without notice and at our sole discretion.

13.4.2 Link Removal Requests: If you find any link on our website or services that is offensive or inappropriate, you are free to contact us and inform us. We will consider requests to remove links, but we are not obligated to do so or to respond directly to you.

13.5 Framing Restriction

You may not create frames around our web pages or use other techniques that alter the visual presentation of our website without our express written consent.

By using HIH services and accessing any third-party links provided, you acknowledge and agree to the terms of this External Links Disclaimer.

 

14. Warranty Disclaimer

14.1 "As Is" and "As Available" Basis

14.1.1 No Warranties: HIH services are provided on an "as is" and "as available" basis without any representations or warranties, express or implied.

14.1.2 Explicit Disclaimer: HIH expressly disclaims all warranties of any kind, whether express or implied, including but not limited to:

a) Implied warranties of merchantability
b) Fitness for a particular purpose
c) Non-infringement
d) Course of performance
e) Course of dealing
f) Usage of trade

14.2 No Guarantee of Service

14.2.1 Availability: HIH does not warrant that the services will be uninterrupted, timely, secure, or error-free.

14.2.2 Accuracy: We do not warrant that the results that may be obtained from the use of the services will be accurate or reliable.

14.2.3 Performance: HIH makes no warranties regarding the performance or operation of our services.

14.2.4 Errors: We do not warrant that any errors or defects in the services will be corrected.

14.3 Content Disclaimer

14.3.1 No Endorsement: HIH does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via our services.

14.3.2 No Liability for Content: You acknowledge that any reliance on materials posted via our services will be at your own risk. HIH will not be liable for any loss or damage caused by your reliance on information obtained through our services.

14.4 Medical Disclaimer

14.4.1 Not Medical Advice: The content provided through HIH services is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

14.4.2 Consult Professionals: Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

14.5 Legal and Financial Disclaimer

14.5.1 Not Legal or Financial Advice: The content provided through HIH services is not intended to be legal or financial advice. You should consult with a licensed professional for advice regarding your individual situation.

14.6 Technology Limitations

14.6.1 AI Limitations: You acknowledge that AI technologies, including those used in HIH services, have inherent limitations and may produce errors or unexpected results.

14.6.2 No Guarantee of AI Performance: HIH does not warrant or guarantee the accuracy, reliability, or effectiveness of any AI-generated content or recommendations.

By using HIH services, you acknowledge and agree that you have read, understood, and accept this Warranty Disclaimer in its entirety.

 

15. Force Majeure Clause

15.1 Definition of Force Majeure

15.1.1 Events: Force Majeure refers to any event beyond the reasonable control of HIH, including but not limited to:

a) Acts of God (such as natural disasters, severe weather events)
b) War, terrorism, or threats of terrorism
c) Civil unrest or riots
d) Government actions or restrictions
e) Public health emergencies or pandemics
f) Strikes or labor disputes
g) Cyberattacks or significant IT failures
h) Utility or communication failures
i) Unexpected shortages of essential resources

15.2 Effect on Obligations

15.2.1 Suspension of Obligations: HIH shall not be liable for any failure or delay in performance of its obligations under this agreement to the extent such failure or delay is caused by a Force Majeure event.

15.2.2 Notification: HIH will make reasonable efforts to notify users of any Force Majeure event affecting our services as soon as practicable.

15.3 Duration and Mitigation

15.3.1 Reasonable Efforts: During a Force Majeure event, HIH will use reasonable efforts to minimize disruptions to our services and resume normal operations as soon as possible.

15.3.2 Extended Duration: If a Force Majeure event continues for more than 30 consecutive days, HIH reserves the right to terminate or modify affected services with notice to users.

15.4 No Refunds or Compensation

15.4.1 Limited Liability: HIH shall not be responsible for any damages, costs, or losses incurred by users due to the suspension or termination of services caused by a Force Majeure event.

15.4.2 No Refunds: HIH is not obligated to provide refunds or credits for any prepaid services that are suspended or terminated due to a Force Majeure event.

15.5 User Acknowledgment

By using HIH services, you acknowledge and agree that:

a) Force Majeure events may impact the availability and quality of our services
b) HIH will not be held liable for any consequences resulting from Force Majeure events
c) You will make appropriate arrangements to mitigate potential impacts of service disruptions on your personal or professional activities

This Force Majeure clause is an integral part of our terms and conditions and applies to all aspects of HIH services and user interactions.

 

16. Age Restrictions

16.1 Minimum Age Requirement

16.1.1 Age of Eligibility: HIH services are intended for users who are at least 18 years of age. By using our services, you represent and warrant that you are at least 18 years old.

16.1.2 Parental Consent: If you are between the ages of 13 and 18, you may only use HIH services with the involvement and consent of a parent or legal guardian who agrees to be bound by these terms.

16.2 Prohibition of Underage Use

16.2.1 Strict Enforcement: Any use of or access to HIH services by anyone under the age of 13 is strictly prohibited and in violation of this Agreement.

16.2.2 Account Termination: If we become aware that a user is under the age of 13, we will immediately terminate the user's account and delete any personal information collected from that user.

16.3 Age Verification

16.3.1 Right to Verify: HIH reserves the right to request proof of age at any time. Failure to provide such proof may result in the suspension or termination of your account.

16.3.2 False Information: Providing false information about your age is a violation of these terms and may result in immediate termination of your account and access to HIH services.

16.4 Responsibility of Adult Users

16.4.1 Supervision: Adult users are responsible for any access to HIH services by minors under their care or supervision.

16.4.2 Content Awareness: Adult users should be aware that some content on HIH platforms may not be appropriate for minors and should exercise appropriate discretion and oversight.

16.5 Reporting Underage Users

16.5.1 User Obligation: If you become aware of any user who is under the age of 13 using HIH services, you are obligated to report this to us immediately through our designated reporting channels.

16.6 COPPA Compliance

16.6.1 Children's Online Privacy: HIH is committed to complying with the Children's Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under 13.

By using HIH services, you acknowledge and agree to these age restrictions and related terms.

 

17. Termination of Services

17.1 Termination by HIH

17.1.1 Right to Terminate: HIH reserves the right, in its sole discretion, to terminate or suspend your access to all or part of HIH services, with or without notice, for any reason, including, without limitation:

a) Violation of these Terms of Service
b) Conduct that HIH believes is harmful to other users, the business of HIH, or third-party service providers
c) Failure to pay any fees or charges associated with your use of the services
d) Suspected fraudulent, abusive, or illegal activity
e) Discontinuation or material modification of the services

17.1.2 Immediate Effect: Termination may be effective immediately and without prior notice.

17.2 Termination by User

17.2.1 Voluntary Termination: You may terminate your account and discontinue use of HIH services at any time by following the instructions on our website or contacting our support team.

17.2.2 Obligations Upon Termination: Upon termination, you must cease all use of HIH services and delete any downloaded materials in your possession.

17.3 Consequences of Termination

17.3.1 Access Revocation: Upon termination, your right to access and use HIH services will immediately cease.

17.3.2 Data Retention and Deletion: HIH may retain certain data associated with your account for legal, regulatory, or legitimate business purposes. You may request deletion of your personal data subject to our data retention policies and applicable laws.

17.3.3 No Refunds: Termination of your account does not entitle you to any refunds for any paid services, unless otherwise specified in our refund policy.

17.4 Survival of Terms

17.4.1 Continuing Obligations: Certain provisions of these Terms of Service will continue to be in effect after termination, including but not limited to:

a) Intellectual property rights
b) Indemnification obligations
c) Limitation of liability
d) Dispute resolution provisions

17.5 Reactivation

17.5.1 Discretionary Reactivation: HIH may, at its sole discretion, allow reactivation of terminated accounts under certain conditions. Reactivation is not guaranteed and may be subject to additional terms or requirements.

By using HIH services, you acknowledge and agree to these termination provisions, understanding that your access may be terminated at any time under the conditions specified above.

 

18. Entire Agreement

18.1 Comprehensive Agreement

18.1.1 Totality of Understanding: This Agreement, including all policies, guidelines, and other documents incorporated by reference, constitutes the entire agreement between you and Help Is Hope Foundation (HIH) regarding your use of HIH services.

18.1.2 Superseding Effect: This Agreement supersedes any prior agreements, understandings, or arrangements between you and HIH, whether written or oral, relating to the use of HIH services.

18.2 Integration of Terms

18.2.1 Incorporated Documents: The following documents are hereby incorporated into this Agreement by reference:

a) Privacy Policy
b) Acceptable Use Policy
c) Community Guidelines
d) Any additional terms and conditions that may apply to specific services or features

18.2.2 Hierarchy of Documents: In the event of any conflict between this Agreement and any incorporated document, the terms of this Agreement shall prevail unless explicitly stated otherwise.

18.3 No Other Representations

18.3.1 Limitation of Reliance: You acknowledge that you have not relied on any representation, warranty, or statement made by HIH or any other person on HIH's behalf that is not expressly stated in this Agreement.

18.4 Modifications and Updates

18.4.1 Right to Modify: HIH reserves the right to modify this Agreement at any time. Any changes will be effective immediately upon posting on our website or notifying you as required by applicable law.

18.4.2 Continued Use as Acceptance: Your continued use of HIH services after any modifications to this Agreement constitutes your acceptance of the modified terms.

18.5 Severability

18.5.1 Clause Independence: If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

18.6 No Waiver

18.6.1 Non-Enforcement: HIH's failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision.

18.6.2 Written Waiver Requirement: Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of HIH.

By using HIH services, you acknowledge that you have read, understood, and agree to be bound by this entire Agreement, including all incorporated documents, as the complete and exclusive statement of the agreement between you and HIH regarding your use of our services.

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