LEGAL

Airing on Veteran’s Day Weekend

Sunday Nov 10th, 2013

7-11 pm EST on the

Hosted by Alan Alda & Joe Mantegna

 
 

“HAVEN FROM THE STORM”


INCORPORATED IN DELEWARE ON FEB 2ND, 2012

STATE OF DELEWARE, SECRETARY OF STATE, DIVISION OF CORPORATIONS.

SRV 120117892     5102352 FILE


AUTHENTICATION: 9341371    2/13/12

JEFFREY W. BULLOCK, SECRETARY OF STATE


PRIVACY POLICY AND TERMS OF USE


This Privacy Policy and Terms of Use governs your use of the website located at www.homewardboundtelethon.org (the “Website” or “Site”) and your submission of any donation in connection with the Website or the Telethon (defined below), and contains a statement of privacy (“Privacy Policy”) that explains data collection and use of your personally identifiable information (“PII”) by Haven From The Storm, Inc. (“Haven” “we” or “our”) on the Website and as collected via telephone by Haven or an individual or entity acting on its behalf (such as an employee or agent of Patriot Communications) during Haven’s national telethon scheduled on November 10, 2013 (the “Telethon”). YOU AGREE THAT BY USING THE WEBSITE OR MAKING A DONATION YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.


By accessing or browsing the Website or making a donation in connection with the Telethon or on this Website, you accept, without limitation or qualification, this Privacy Policy and Terms of Use, which form a legally binding agreement, and you agree that Haven may use your PII (defined below) as set forth herein.  If you do not agree to any or all of the provisions found in this Privacy Policy and Terms of Use, please immediately exit the Site.


Donation


You agree that when making a donation, you will provide Haven with accurate, complete and updated information.  NO REFUNDS WILL BE GIVEN WITH RESPECT TO ANY DONATIONS SUBMITTED.


Rights Ownership


Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Site, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of Haven or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. 


Neither the Site nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. 


Permission is hereby granted to the extent necessary to lawfully access and use this Site and/or information, materials, products and/or services available on it.  Haven neither warrants nor represents that use of content displayed or stored on the Site or that your use of the Site will not infringe the rights of third parties not owned by or affiliated with Haven and your use of and browsing of the Site, and submission of a donation via the Site or via the Telethon, are at your risk.  Neither Haven nor any other party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. 


You hereby release and hold harmless Haven, its parent, affiliates, subsidiaries, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with your use of the Site or submission of a donation via the Site or the Telethon.  In consideration for your agreement herein, Haven will provide access to the Site.


COPYRIGHT POLICY.


All materials and information on the Site, including, without limitation, the HOMEWARD BOUND logo, design, text, graphics, photographs, and the selection and arrangement thereof are protected by copyrights that are owned or licensed by Haven or otherwise used with permission.  You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any content from the Site or any other site owned or operated by Haven without the prior written permission of Haven.  Any modification of the content or any portion thereof, or use of the content for any other purpose constitutes an infringement of Haven’s copyrights and other proprietary rights. Use of the content on any other site or other networked computer environment is prohibited without prior written permission from Haven. 


TRADEMARKS.


Haven’s trademarks are protected by federal and state law in the United States and may not be copied, used, reproduced, redistributed or imitated without the permission of Haven.  Haven’s trademarks include (but are not limited to) the following trademarks and service marks:  HAVEN FROM THE STORM, HOMEWARD BOUND and HOMEWARD BOUND and Design.  Other names and brands used on the Site are properties of their respective owners.  These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the rights holder.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Haven, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Haven.


HYPERLINK DISCLAIMER.


This Site may contain links and/or advertisements to other websites that may not be maintained by or related to us. An advertisement of, or link to, a non-Haven website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.


We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.


Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while you are on such websites.


Please note that when making a donation via the DONATE NOW feature on the Website, you are accessing a service hosted by CrowdRise.  By making a donation and using this feature, you agree to be bound by CrowdRise’s Terms and Conditions and Privacy Policy, available at http://www.crowdrise.com/about/terms and http://www.crowdrise.com/about/privacy, respectively.


DATA PROTECTION CONSENT.


By agreeing to this Agreement, you agree to the terms of our Privacy Policy incorporated herein. Before using this Site or making a donation, please read through this document carefully. All personal data provided to us as a result of your use of this Site or submission of a donation will be handled in accordance with our Privacy Policy. Posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material, any computer virus, worms, Trojan horse programs or malicious code or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited.


We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.


NO WARRANTIES.


WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.


EXCLUSION OF LIABILITY.


To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, losses associated with a data breach, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the this Website or any website with which it is linked or the submission of a donation via the Website or in connection with the Telethon. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. As noted above, some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.


PRIVACY POLICY


Aside from employees, officers, agents, and representatives of (1) Patriot Communications, who are assisting in collecting donations during the Telethon, and (2) CrowdRise, who is assisting Haven in collecting donations via the Website and over the internet (the “Haven Associated Parties”), and as otherwise provided in this Privacy Policy, your PII will not be shared or distributed with any third party entity or organization.   

Children's Online Privacy Protection Act


Haven complies with the Children's Online Privacy Protection Act of 1998 ("COPPA"). COPPA requires that web site operators never knowingly request personally identifiable information from anyone under the age of 13 without requesting verifiable parental consent. In accordance with COPPA, we do not knowingly collect any PII from children under the age of 13. No one under the age of 18 should submit PII to our Site. In the event that we determine that a user of this Site or an individual who provided us with PII is under the age of 13, we will not maintain or use his or her PII and we will immediately destroy such PII.


PII


For purposes of this document, PII means your first and last name, address, telephone number, email address, date of birth, credit card number, billing address, expiration date, and security code, and any other bank account or financial information provided by you to Haven or the Haven Associated Parties. 


Information Collected on the Website


Certain of the information and content provided by Haven on the Website is available without Haven collecting any PII.  In using and viewing the Website, in making a donation on the Website or in connection with the Telethon, or in otherwise providing your PII to Haven or the Haven Associated Parties, you understand and agree that Haven and the Haven Associated Parties may use your PII subject to the terms of this Privacy Policy.


Except as otherwise provided herein, Haven only collects PII that you provide voluntarily through the Website or over the telephone in connection with the Telethon or to an employee, representative or agent of Haven or the Haven Associated Parties. Some examples of times when Haven collects PII include when you:

• Make a donation over the phone in connection with the Telethon;

• Make a donation through the Website;

• Send an email to Haven or otherwise contact Haven or its employees, agents or            representatives via the Website or otherwise; or

  1. otherwise directly provide Haven with PII.


When making a donation via the Website using the DONATE NOW feature, you understand that you are accessing a feature provided by CrowdRise and agree to be bound by CrowdRise’s Privacy Policy and Terms and Conditions (URLs for which have been provided above).

Use of Your Information


Haven uses your PII for the following primary purposes:

• To respond to your emails or inquiries sent to Haven, its representatives, agents, or employees;

• To conduct a transaction that you have authorized, such as the transfer of funds in connection with a donation made on the Website or in connection with the Telethon;

• To provide you with information about Haven and its products and services;

• To alert you to special events, volunteer opportunities, updated information and other news and information from Haven; and

• For any other purpose that is lawful and that Haven deems appropriate.

In addition, Haven may hire other companies to perform services on its behalf such as operating certain aspects of the Site or sending you email.  These other companies may be supplied with or have access to your PII for the sole purpose of providing these services to Haven or on Haven’s behalf.


Though we will make commercially reasonable efforts to preserve user privacy and to protect PII, we may need to disclose PII when required by law or if we have a good-faith belief that the action is necessary to comply with a pending judicial proceeding, a court order or legal process served on Haven or to protect Haven’s rights or the rights of others, to fight fraud, identity theft, to ensure the integrity and operation of Haven’s business and systems, or to protect the rights, property or safety of Haven, its employees or others.   

Control of your Personal Information


Your PII will only be used for the purposes set forth herein.  Haven may send periodic emails informing you of changes and updates regarding the Website or in connection with the Telethon.   

How We Share Your Information


We will not disclose your PII to others without your permission, except as provided in this Privacy Policy.


Aggregate Information


On an aggregate basis only, we collect comprehensive demographic and other non-identifying information about users of the Website and individuals who make a donation in connection with the Telethon.  Haven will never disclose any PII as part of this aggregate information but we may lend, sell, share or otherwise disclose aggregate information with others so we can perform research and provide the results to third parties, enhance and market the Website, and conduct accounting and process record keeping functions.


Other Websites and Links


On Haven’s Website or in correspondence sent to you by Haven, Haven may include links to other websites that it thinks will be of interest to you or that are operated by our business partners, affiliates, advertisers, and others. These third parties have separate data collection and privacy practices independent from Haven’s, and Haven cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.


Cookies, Web Beacons, Clear Gifs, and IP Addresses


Haven may also use a feature of your browser called a “cookie.” Your cookie automatically identifies your computer - but not you - to our servers when you visit the Website and allows us to correlate your computer with certain usage patterns which may be stored in our log files. We use cookies to gather general, aggregate statistics about the overall popularity and usage of the Website. Haven also uses more temporary cookies, often referred to as session cookies, to keep a user logged into the system and aid in the exchange of information between pages without loss of data. Such a cookie, however, is only stored for the current browsing session and is deleted once the browser is closed.  Haven can also only read cookies from the Website. Search for Cookies under your Web browser's Help menu for more information on cookie management features available to you. If your browser is set to reject all cookies, the Website may not function properly.


Additionally, we may use IP address information to count and track aggregate visits to the Website, to help diagnose problems with our server, and to administer the Website.  Haven does not link IP addresses to anything personally identifiable so while a particular user’s session can be tracked, the user remains completely anonymous.


Moreover, Haven may collect information through the use of clear gifs (also called Web Beacons and Web Bugs) in selected email messages we send to you. These are tiny graphic files, not visible to the human eye, that are included in HTML-based emails and used to let us know which emails we send are opened.  Clear gifs may also see or read cookies on your computer.  When authorized by Haven, third parties specializing in monitoring aggregate statistical use of our site with whom we contract, may use cookies, our web log files, web beacons, and other monitoring technologies to compile anonymous aggregate data.


Changes to this Privacy Policy


We encourage you to review our Privacy Policy not just the first time you visit the Website but periodically afterwards since we may modify our Privacy Policy from time to time. The date of the last update of the Privacy Policy will always be posted below:

THIS PRIVACY POLICY WAS LAST REVISED ON 11/4/2013


If we make any substantive changes to our Privacy Policy in the future with regard to how we use your PII, we will incorporate those changes here. Your continued use of the Website or submission of a donation after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue use of the Website or do not place a donation.

Merger or Sale


If Haven is sold or merged with another company, your PII may be included as part of the sale.  Unless you are notified otherwise, such other company will maintain your PII in the same manner as set forth herein.


International Users


Like almost every website, the Site is accessible around the world.  By visiting the Site and providing your information, you acknowledge and agree that your PII can be stored for the purposes identified in this Privacy Policy.  We process and store your information in North America and your information may be stored on servers located outside your residential jurisdiction and which may have less stringent privacy practices than your own.  If you access the Site from outside the United States or are able to place a donation with us in any manner, your usage of the Site or submission of a donation constitutes consent to the transfer of your data outside of your country and to North America. 


Security


This Website has industry-standard security measures in place to protect the loss, misuse, and alteration of the information under our control, and we make good faith efforts to store your PII in a secure operating environment. Unfortunately, no data transmission over the Internet or otherwise can be guaranteed to be absolutely secure. As a result, while we strive to protect your PII, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.


YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits customers of Haven who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes.


To make such a request, please send an e-mail to: donations@homewardboundtelethon.org  or write us at:   Haven From the Storm, 820 Morris Turnpike, Short Hills, NJ  07078


MODIFICATION AND DISCONTINUATION.


We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.


ENTIRE UNDERSTANDING.


This Agreement contains the entire understanding between you and us with respect to use of this Site or the submission of a donation in connection with the Telethon and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.


SEVERABILITY AND NON-WAIVER.


Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under this Agreement on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of this Agreement is determined to be invalid, such invalidity will not affect the validity of the remaining portions of this Agreement, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. This Agreement will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.


LAW & JURISDICTION


This Agreement shall be subject to, governed by and construed under the laws of the Commonwealth of Pennsylvania in the United States of America, without regard to conflict of law principles. Your access to, or use of, this Site or information, materials, products and/or services on this Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.

You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the Commonwealth of Pennsylvania and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.


Contacting Haven


Please feel free to share any comments and concerns with us. If you have any questions about this Agreement or the practices of the Website or donations made in connection with the Telethon, please contact us at admin@homewardboundtelethon.org.