Terms of Use
By accessing this site,
you agree to the following:
His Voice, Inc. TERMS OF USE
Last revised: February 14, 2020
This Terms of Use Agreement (“Terms” or “TOU”) shall constitute a binding agreement between you (“User” or “you”) and His Voice, Inc. (“Company”, “us”, or “we”). This TOU governs your use of the Company website, located at www.hisvoicemenschorus.org, including without limitation all webpages provided thereon and all content contained therein (the “Website”) and any and all services provided via the Company Website (the “Services”).
If you do not wish to be bound by these Terms or the Privacy Policy, you must leave the Website immediately. Your further use of the Website and/or Services will CONSTITUTE acceptance of these Terms and the Privacy Policy.
THIS TERMS OF USE CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THESE TERMS CAREFULLY.
1. Acceptance of Terms.
By accessing or viewing the Company Website, you: a) acknowledge that you have read and understood this TOU; b) accept and agree to be bound by this TOU, c) represent you are authorized to enter into this TOU; and d) acknowledge that this TOU constitutes a binding contract between Company and you. The Website and Services are not intended for use by individuals under the age of 18. By using the Website, you represent and warrant that you are at least 18 years of age, or over the age of majority in your jurisdiction.
2. License and Restrictions.
Company hereby grants to you a limited, royalty-free, non-transferable, nonexclusive revocable license to access and use the Services, the Website, and any information contained on the Website, including without limitation any text, photographs, drawings, graphics, software, codes, audio, video or other materials (collectively, the “Content”).
You understand you are prohibited from:
commercially exploiting, decompiling, creating derivative works of, disassembling, transmitting, reproducing, modifying, translating, copying, selling, distributing, performing or publishing this Website, the Content, or Services;
using the Website, Content and/or Services to create a substantially similar product or service competitive with the Website or Services;
uploading or distributing via the Website or Services any viruses, Trojan horses, worms, bots, spiders, scrapers or any other malicious software, program, script, algorithm, methodology, or similar process;
using the Website or Services to send unsolicited bulk or commercial email (“spam”), junk mail, or other unwanted, harassing, or solicitous communications;
sending, publishing, displaying, or using any Content or other material made available through this Website, Content, and/or Services in any manner that may infringe the proprietary or other rights of Company or any third-party;
using the Website, Content, and/or Services to advertise to buy or sell any good or service; and/or
using the Website, Content, and/or Services for any unlawful, obscene, defamatory, threatening, harassing, abusive, or otherwise objectionable purpose, as determined in Company’s sole discretion.
3. Intellectual Property Rights.
(a) The Website, Content, and Services are protected by copyright, trademark, trade secret, and other intellectual property laws and shall at all times remain the exclusive property of Company, its affiliates, and licensors. You acknowledge you only receive a license to use the Website, Content, and Services and do not acquire any interest therein. You agree not to claim any right or interest in the Website, Content, and/or Services, or dispute any of Company’s rights or interests therein.
(b) You agree to abide by and not to remove, modify, or obscure any copyright or other proprietary rights notices and usage restrictions on the Website, Content, or Services, or on any copies or versions thereof.
(c) The Company name, logo, product, and/or service names, brand, and other marks are the trademarks of Company (collectively, the “Trademarks”). You may not use the Trademarks for any purpose, including without limitation to suggest Company endorses or supports you, your business, or your products/services without the express written permission of Company.
4. Privacy.
Your privacy is important to Company. Our use of any information you may provide to us through the Website or Services are described in the Company Privacy Policy, incorporated herein by reference. You should read our Privacy Policy before you use the Website or Services.
5. Representations.
You represent and warrant you:
are authorized to execute this TOU;
will only use the Website and Services for lawful purposes;
will not use any robot, spider, software, routine, or other automatic or manual device or process to scrape portions of the Website or to interfere or attempt to interfere with the proper working of the Website or Services;
will not take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure (e.g., the sending of mass e-mail or junk mail); and
will not link to the Website in any manner that would bypass the Website’s home page and will not “frame” the Website or any portion thereof.
6. Third Party Links.
You acknowledge and understand the Website may link to other third-party websites (the “Third-Party Sites”), including without limitation websites of our affiliates and vendors. Company does not review, regulate, or control the content of any Third-Party Sites and is not responsible for the accuracy or availability of any Third-Party Site to which this Website links. Company disclaims any responsibility for the contents, advertising, products, privacy policies, or other material made available through Third Party Sites, and Company does not endorse or guarantee any Third-Party Site to which this Website links, or which links to the Website. You access and use any Third-Party Site at your own risk. You should read the Terms of Use and Privacy Policy for any Third-Party Site you visit and contact the administrator of such Third-Party Site with any questions.
If you purchase a product or service from a Third-Party Site, the terms of such purchase are between you and the provider of the Third-Party Site. Company does not represent or warrant the quality, accuracy, or availability of any third-party products, services, or promotions available through Third-Party Sites and Company specifically disclaims all liability for any losses or damages resulting from any purchase or promotion offered by a Third-Party Site.
7. Disclaimers.
COMPANY MAKES NO REPRESENTATION THAT THE WEBSITE, CONTENT, OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN YOUR STATE OR JURISDICTION. COMPANY FURNISHES THE WEBSITE, CONTENT, AND SERVICES "AS IS", “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTY, REPRESENTATION, PROMISE, OR GUARANTEE, EXPRESS OR IMPLIED, REGARDING THE QUALITY, PERFORMANCE, RELIABILITY, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, OR NONINFRINGEMENT OF THE WEBSITE, CONTENT, AND/OR SERVICES. COMPANY DISCLAIMS ANY WARRANTIES OF UNINTERRUPTED, SECURE, OR ERROR-FREE SERVICE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE WEBSITE MAY BE INTERCEPTED BY THIRD PARTIES. ACCESS TO AND USE OF THE WEBSITE, CONTENT, AND/OR SERVICES IS AT YOUR OWN RISK.
8. Limitation of Liability.
IN NO EVENT SHALL COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, LICENSORS, SUBSIDIARIES, AFFILIATES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THIS TERMS OF USE, YOUR USE OF THE WEBSITE OR SERVICES, MISTAKES, OMISSIONS, DELETIONS, INTERRUPTIONS OR DELAYS IN TRANSMISSION OF THE WEBSITE OR SERVICES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, BREACH OF CONTRACT OR WARRANTY, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN COMPANY’S MAXIMUM AGGREGATE, CUMULATIVE LIABILITY TO YOU IS THE AMOUNT PAID BY YOU TO COMPANY FOR USE OF THIS WEBSITE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDNG THE EVENT GIVING RISE TO THE CLAIM.
9. Indemnification.
You agree to indemnify, defend, and hold harmless Company, its officers, directors, shareholders, employees, members, consultants, agents, affiliates, licensors, and suppliers from any and all third party claims, liability, damages, expenses and/or costs (including, but not limited to, attorneys’ fees) arising from: (a) your use of or reliance on the Website, Content, and/or Services, or any derivatives thereof; (b) your breach of these Terms; or (c) your violation or non-compliance with any law or regulation. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Company.
10. Remedies.
You acknowledge and agree that in the event of any breach of these Terms, Company may be irreparably and immediately harmed. Without prejudice to any other rights or remedies otherwise available to Company, Company shall be entitled to seek equitable relief by way of injunction to prevent any breach of these Terms or any unauthorized use of the Website, Content, and/or Services, and to compel specific performance of the provisions of these Terms, without need for proof of actual damages and you agree not to oppose Company’s right to seek such relief. You agree to waive, and to cause your representatives to waive, any requirement for the securing or posting of any bond in connection with such remedy. You also agree to reimburse Company for all reasonable costs and expenses, including reasonable attorney’s fees, incurred by Company in successfully enforcing your obligations hereunder.
11. Donations.
By providing Company with any donation information or using the payment portal linked from the Website, you warrant to Company that you are the accountholder and are authorized to enter into such transaction. You authorize Company to use your payment information in accordance with Company’s Privacy Policy, including without limitation providing such payment information to third-party donation processors for the purpose of conducting such transactions.
12. Notices.
Any notices shall be sent by certified mail or other reliable service to Company at:
His Voice, Inc.
22421 Barton Road, PMB 351
Grand Terrace, CA 92313-9972
or to you at the e-mail address you provided to Company during your use of the Website and/or Services, or such other address as either party may specify in writing. Notice shall be effective three (3) days after it is submitted to the postal service when sent by certified mail, or upon delivery when sent by reputable courier.
13. Termination.
You may discontinue use of the Website at any time. Company may issue a warning, immediately limit, suspend, disable, discontinue, or terminate your access to the Website and/or Services at any time without notice or liability to you. If Company terminates your access, you will no longer be authorized to access the Website, Content, and/or Services.
14. No Professional Advice.
You acknowledge and understand the Website and Services are provided for information purposes only and do not constitute legal, accounting, tax, employment, real estate, or other professional advice. You should engage the services of qualified professionals prior to making any decisions based on the Website and/or Services.
15. Modifications.
Company may modify, alter, remove, or add to portions of the Website and/or Services at any time without prior notice to you. These Terms may be modified by Company at any time. Company will notify you of modifications to these Terms by posting the new Terms here with the new effective date above. It is your responsibility to regularly review this TOU for any modifications. Your access to or use of the Website and/or Services after any modification to this TOU shall constitute your acceptance and agreement with such modification. If you do not agree with such modification, you must immediately stop using the Website and Services.
Company may change, suspend, disable, or discontinue any aspect of the Website or Services at any time, including, but not limited to, Content, Services or products offered, database, hours of availability, and equipment needed for access or use without notice or obligation to you. Company may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
16. Reservation of Rights.
All rights not expressly granted in this TOU are reserved by Company.
17. Governing Law.
This TOU shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
18. Arbitration; Class Action Waiver.
You agree that all disputes between you and Company arising out of or relating to this TOU, your use of the Website or Services, or your rights of privacy will be resolved by binding arbitration. Arbitration shall be conducted by the American Arbitration Association in conjunction with its Consumer Arbitration Rules. You hereby expressly waive your right to file a lawsuit or have a trial by jury. Arbitration shall be conducted in Riverside County, California by a single arbitrator. Any cause of action you may have under this TOU must be commenced within one (1) year after the claim or cause of action arises. The costs of arbitration shall be shared equally between you and Company, except that each of us shall be responsible for the costs of our own legal counsel.
Class Action Waiver
By accessing and using the Website and/or Services you agree any claims you bring against Company will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. You hereby waive your right to participate in a class-action lawsuit or class-wide arbitration for any claims covered by this agreement to arbitrate.
If a court rules that this class action waiver is void or unenforceable for any reason, or that an arbitration can proceed as a class action, then the arbitration provision set forth above shall be deemed null and void in its entirety and the dispute shall be brought in the federal or state courts in Riverside County, California, USA. YOU UNDERSTAND THAT IN THE ABSENCE OF THIS SECTION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU EXPRESSLY AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
Small Claims Court
Nothing in this section shall preclude you or Company from resolving any disputes that meet the jurisdictional requirements for small claims court in such court.
Nothing in this section shall limit Company’s right to seek injunctive relief.
19. Waiver.
Waiver by Company of any breach of any provision of this TOU by you shall not operate or be construed as a waiver of any subsequent or other breach by you.
20. Assignment.
Company may assign its rights under this TOU in connection with a merger, consolidation, acquisition, or reorganization at any time without prior notice to you. You are prohibited from assigning your rights under this TOU without the prior written consent of Company, which may be withheld in Company’s sole discretion.
21. Electronic Signature.
You acknowledge and understand that the affirmative act of using the Website or Services or clicking to accept this TOU constitutes your electronic signature to this TOU, and such electronic signature creates a legally binding agreement. You acknowledge other legal documents available through the Website and/or Services may be executed electronically and you consent to providing said electronic signature and agree to be bound by the terms and conditions of such documents.
22. Accessibility.
We are committed to making the Company Website accessible for all to use. We have taken steps and regularly assess the Company Website to achieve compliance with generally recognized and accepted standards for accessibility. Should you experience difficulty in accessing any portion of the Company Website, please contact us at hisvoiceweb@gmail.com.
23. Independence.
You acknowledge that nothing in these Terms or in the relationship created herein shall be construed as a joint venture, partnership, employment, third-party beneficiary, or principal/agent relationship.
24. Severability and Entire Agreement.
Invalidity or unenforceability of one or more provisions of these Terms shall not affect any other provision of this TOU. This TOU, including the Privacy Policy and any other documents referenced herein, includes all agreements and understandings with respect to the subject matter hereof and supersedes all previous or contemporaneous agreements and understandings relating to the subject matter hereof, whether oral or in writing.
25. Contact Us
If you have any questions regarding these Terms of Use, contact us at:
His Voice, Inc.
22421 Barton Road, PMB 351
Grand Terrace, CA 92313-9972
Email: hisvoiceweb@gmail.com