Applicability
These terms of service apply to a collection of online resources provided by Healthy Mothers, Healthy Babies, The Montana Coalition, Inc. (“HMHB” or “we”), including but not limited to Linking Infants and Families To Supports (LIFTS), the HMHB organizational website and blog, and various email services available on or through HMHB or its website such as a digital newsletter (collectively, “online resources”). By using the online resources in any way, you agree to the terms of service, the privacy policy, and to any posted guidelines applicable to any specific resource. If you have signed a separate contract, release, or agreement with HMHB, its terms also apply.
We may modify these terms of service, the privacy policy, or guidelines at any time, and any modifications will be effective upon posting. You must review the terms of service, privacy policy, and guidelines on a regular basis to keep yourself apprised of any changes. If you don’t agree to the terms of service, privacy policy, or guidelines, your only recourse is to stop using the online resources.
Your Access and Use
Unless otherwise expressly stated, HMHB owns the intellectual property rights for the online resources. All intellectual property rights are reserved. HMHB grants you a limited, revocable, nonexclusive license to access the online resources for your individual use, subject to the restrictions set in these terms of service.
You may not sell, rent, sub-license, republish, copy or duplicate any part of the online resources without express written permission from HMHB. In addition, you may not collect, aggregate, or engage in derivative use of the online resources nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose without express written permission from HMHB. That said, a limited license is allowed for general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the online resources, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings, or which is in the business of providing classified ad listing services.
HMHB does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the online resources, absent express written permission granted by HMHB. You may create a hyperlink to the home page of HMHB or to the home page of LIFTS, so long as the link (a) does not portray HMHB, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter and (b) does not imply HMHB’s endorsement or approval of any non-HMHB product or service. Without prior approval and written permission from HMHB, you may not create frames (or iframes) around our web pages that alter in any way the visual presentation or appearance of our website. Use of the online resources beyond the scope of authorized access granted to you by HMHB immediately terminates said permission or license.
Third-Party Content
The online resources may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of HMHB, including but not limited to websites, email addresses, other contact information, and Internet-based services. Your interactions with organizations and/or individuals found on or through the online resources, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with a third party. We do not guarantee the quality, safety or legality of, any content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, nor the ability of any buyer to purchase any such goods or services. You agree that HMHB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and a third party. If there is a dispute between you and a third party, you understand and agree that HMHB is under no obligation to become involved. You agree to hereby forever release HMHB, its officers, employees, agents and successors in rights from any claims or liability arising from your interactions with a third party you found through the online resources.
Copyright and Other Proprietary Rights
The online resources are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the online resources is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of HMHB. You further agree not to reproduce, duplicate or copy Content from the online resources without the express written consent of HMHB, and agree to abide by any and all copyright notices displayed on the online resources. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the online resources. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the online resources. HMHB, as well as certain other of the names, logos, and materials displayed on the online resources, constitute trademarks, trade names, service marks or logos (“Marks”) of HMHB or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with HMHB or those other entities.
Comments and Other Opinions by non-HMHB Individuals and Entities
Parts of the online resources may offer the opportunity for users to provide comments or other modes of expressing their opinions publicly. HMHB reserves the right to monitor all comments and to remove any comments or other expressed opinions which can be considered inappropriate, offensive or in breach of these terms of service. Any comments or other expressed opinions by you or other non-HMHB entities or individuals do not reflect the views or opinions of HMHB or its agents or affiliates. To the extent permitted by applicable laws, HMHB will not be responsible for non-HMHB comments or opinions, or for any liability associated with non-HMHB comments or opinions. If you comment, you warrant and represent that your comment belongs to you and does not infringe on anyone’s copyright or other proprietary interest. You also agree to refrain from posting any comments that are offensive, degrading, defamatory, unlawful, or an invasion of privacy. In addition, you agree not to promote any commercial interest in a comment without express written permission from HMHB. By posting a comment on the online resources, you grant HMHB and its agents permission to use, edit, and reproduce part or all of your comment in any format. And by posting any information in a publicly available portion of the online resources, you are making it available to anyone to view.
Limitation of Warranties and Disclaimers of Liability
YOU AGREE THAT USE OF THE ONLINE RESOURCES IS ENTIRELY AT YOUR OWN RISK, AND THE ONLINE RESOURCES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ALL WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HMHB OR THROUGH THE ONLINE RESOURCES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. UNDER NO CIRCUMSTANCES SHALL HMHB BE LIABLE ANY KIND OF DAMAGES (EVEN IF HMHB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT MAY RESULT FROM ANY ASPECT OF YOUR USE OF THE ONLINE RESOURCES, INCLUDING BUT NOT LIMITED TO ANY MISUSE, INTERRUPTION, SUSPENSION, MODIFICATION, OR TERMINATION OF THE ONLINE RESOURCES. HMHB IS ALSO NOT RESPONSIBLE FOR ANY DAMAGES INCURRED BY REASON OF THIRD-PARTY SERVICES OR PRODUCTS LISTED ON OR LINKED TO RECEIVED THROUGH THE ONLINE RESOURCES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability and disclaimers of warranties are not permitted. In such jurisdictions, some of the foregoing language may not apply to you.
Termination
You agree that HMHB, in its sole discretion, has the right (but not the obligation) to block your email or IP address or otherwise terminate your access to or use of the online resources, immediately and without notice, for any reason, including, without limitation, if HMHB believes that you have acted in a manner inconsistent with the letter or spirit of the terms of service, privacy policy, or applicable guidelines. Further, you agree that HMHB shall not be liable to you or any third party for termination of your access to the online resources. You also agree not to attempt to use the online resources after said termination. The terms of service and any applicable guidelines will survive termination.
Other Information
These terms of service, and any additional terms or guidelines to which you agree when using particular elements of the online resources, constitutes the entire agreement between you and HMHB and governs your use of the online resources, superseding any prior agreement between you and HMHB. The failure of HMHB to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. If any provision of the terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms of service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the online resources or the terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Contact Us
If you have questions or concerns about these terms of service, you may contact us.