Terms of Use Agreement
Effective July 13, 2015
Description of Aviva Services and Acceptance of Terms of Use Including Arbitration of Disputes
Welcome to this website (“Website”), which is operated by Aviva Family and Children’s Services (formerly known as Hamburger Home, Inc.) (“Aviva” or “we”). The services Aviva provides on the Website include services related to describing and promoting certain Aviva programs, works and services and soliciting and facilitating donations to Aviva, and/or any other features, content, or applications offered from time to time by the Website that link to these Terms of Use in connection therewith (collectively, the “Aviva Services”). Aviva is based in the United States and the Aviva Services are hosted in the United States.
Aviva furnishes the Website and the Aviva Services for your personal education, enjoyment and use. By visiting the Website (whether or not you subscribe to receive emails or materials from Aviva (each, a “Subscription”)) or using the Aviva Services, you accept and agree to be bound by this Agreement, including any future modifications (“Agreement”), and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Agreement carefully. Aviva may modify this Agreement at any time, and each such modification will be effective upon posting on the Website. All material modifications will apply prospectively only. Your continued use of the Website or the Aviva Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Aviva Services immediately.
Your access to and use of certain Aviva Services may require you to accept additional terms and conditions applicable to such Aviva Services, in addition to this Agreement, and may require you to download software or Content (as defined below). In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.
Email Subscription
If you elect to subscribe to receive emails or other materials from Aviva, 1) all information you submit must be accurate and kept up to date; and 2) it is your responsibility to notify us of any changes in such information, including but not limited to your contact information.
Termination
Unless terminated by Aviva in its sole discretion, this Agreement remains in full force and effect while you use the Aviva Services. You may terminate your Subscription, if any, on the Website at any time, for any reason, by emailing us with your request at Ask_us@aviva.org, Subject: Terms of Use Agreement or by clicking on the “Unsubscribe” link in any email you receive from Aviva. Aviva may terminate your Subscription and/or access to the Aviva Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your Subscription or access to the Aviva Services is terminated by you or by Aviva, this Agreement will remain in effect with respect to your past and future use of the Website or the Aviva Services. Any rights to your Subscription terminate upon your death.
Donations Using Website Services
In connection with making any monetary donations on the Website (“Aviva Donation”), you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card and billing information (collectively, “Personal Financial Information”), to an independent third party selected by, but not affiliated with, Aviva (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information, all payment obligations for Aviva Donations shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a donation using the Website you are warranting that you are authorized to make the donation using the form of payment that you provide to the Processor. You must be 18 years of age or older to make an Aviva Donation.
Aviva makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an Aviva Donation with the Processor. Aviva provides no refunds for, makes no warranty for, and accepts no liability regarding donations you make on the Website. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, Aviva will in no way be responsible or liable to you for any such breach.
Aviva will not store any record of Personal Financial Information related to Aviva Donations or other transactions you make through the Aviva Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
Limited Content License
The Aviva Services are offered for your personal use only and may not be used for commercial purposes. The Aviva Services contain some or all of the following: information, text, files, images, video, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and/or any other materials or content (collectively, “Content”) of Aviva, its licensors, or assignors (“Aviva Content”), as well as, potentially, Content provided by users or other third parties. Content contained in the Aviva Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Aviva, Aviva, its licensors, or its assignors, own and retain all rights in the Aviva Content. Aviva hereby grants you a limited, revocable, nonsublicensable license to access and display or perform the Aviva Content (excluding any software code) solely for your personal, non-commercial use in connection with using the Aviva Services. Except as provided in this Agreement or as explicitly allowed on the Aviva Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Aviva Services.
Except as explicitly and expressly permitted by the Company, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, mash-ups and similar videos and unlicensed merchandise) that derive from or are based on the Company Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms
You acknowledge Aviva reserves the right to investigate and take appropriate legal action against anyone who, in Aviva’s sole discretion, violates this Agreement, including but not limited to, terminating their Subscription and/or reporting such conduct or activity to law enforcement authorities.
You acknowledge, consent and agree that Aviva may access, preserve or disclose information you provide to the Website, including your Aviva materials subscription information, including when Aviva has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Aviva, or our employees, agents and contractors (including enforcement of this Agreement or our other agreements); (ii) protect the safety, privacy, and security of users of the Aviva Services or members of the public including in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities. If Aviva sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Aviva may transfer your information to the party or parties involved in the transaction as part of that transaction.
Third Party Links and Services
The Aviva Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). When you engage with a provider of a Third Party Service, you are interacting with the third party, not with Aviva. If you choose to use a Third Party Service and share information with it, the provider of the Third Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third Party Service. Aviva encourages you not to provide any personally identifiable information to or through any Third Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Aviva is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Aviva Services does not imply approval or endorsement of the Third Party Service. Aviva is not responsible for the content or practices of any websites other than the Website, even if the website links to the Website and even if it is operated by a company otherwise connected with the Website. By using the Aviva Services, you acknowledge and agree that Aviva is not responsible or liable to you for any content or other materials hosted and served from any website other than the Website. When you access Third Party Services, you do so at your own risk.
Member Disputes
You are solely responsible for your interactions with other users of the Website and the Aviva Services, providers of Third Party Services or any other parties with whom you interact through or in connection with the Aviva Services. Aviva reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
Privacy
Use of the Aviva Services is also governed by our Privacy Practices, which is incorporated into and is a part of this Agreement by this reference.
Disclaimers
THE AVIVA SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND AVIVA DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE AVIVA SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVIVA EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVIVA MAKES NO WARRANTY THAT YOUR USE OF THE AVIVA SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE AVIVA SERVICES WILL BE CORRECTED, THAT THE AVIVA SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE AVIVA SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL AVIVA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE AVIVA SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE AVIVA SERVICES, ATTENDANCE AT AN AVIVA EVENT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE AVIVA SERVICES, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE AVIVA SERVICES, OR THE CONDUCT OF ANY USERS OF THE AVIVA SERVICES, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE AVIVA SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE AVIVA SERVICES.
Limitation on Liability
IN NO EVENT WILL AVIVA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE AVIVA SERVICES. IN JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, AVIVA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AVIVA ‘S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AVIVA TO USE, ACCESS AND/OR RECEIVE THE AVIVA SERVICES DURING THE TERM OF YOUR USE OF THE AVIVA SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF AVIVA’S ACTS OR OMISSIONS OR YOUR USE OF THE WEBSITE OR THE AVIVA SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE WEBSITE OR THE AVIVA SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AVIVA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
United States Jurisdiction
Aviva provides the Aviva Services in the United States of America. Aviva does not represent that the Aviva Content or the Aviva Services are appropriate (or, in some cases, available) for use in other locations. If you use the Website or the Aviva Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the Website or the Aviva Services.
Not all of the Aviva Services are available worldwide or nationwide, and Aviva makes no representation that you will be able to obtain any Aviva Service in any particular jurisdiction, either within or outside of the United States.
U.S. Export Controls
Software available in connection with the Aviva Services is further subject to United States export controls. No such software may be downloaded from the Aviva Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such software is at your sole risk.
Governing Law
The Agreement will be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions.
You and Aviva agree to submit to the exclusive jurisdiction of the courts located in Los Angeles, California to resolve any dispute arising out of the Agreement or the Aviva Services. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THIS WEBSITE OR THE AVIVA SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Indemnity
You agree to indemnify and hold Aviva, its affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of or in connection with your use or misuse of the Website or the Aviva Services (including, without, limitation, any use of your Subscription, whether or not authorized by you), your breach of this Agreement, your violation of any rights of another or any Content that you transmit through the Aviva Services.
Employment Opportunities
Aviva may, from time to time, post Aviva employment opportunities on the Aviva Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Aviva in response to employment listings, you are authorizing Aviva to utilize this information for all lawful and legitimate hiring and employment purposes. Nothing in this Agreement or contained in the Aviva Services will constitute a promise by Aviva to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Aviva Services constitute a promise that Aviva will review any or all of the information submitted to it by users of the Aviva Services.
Other
The failure of Aviva to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices Aviva may be required by Applicable Law to send to you will be effective upon Aviva’s sending an e-mail message to the e-mail address you have on file with Aviva or publishing such notices on the informational page(s) of the Website.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aviva as a result of this Agreement or your use of the Aviva Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement limits Aviva’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Aviva Services or information provided to or gathered by us in connection with such use.
Please contact us at: Ask_us@aviva.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.