Hearts and Homes Ministries Inc. d/b/a hearts+homes (“hearts+homes,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our online services (the “Services”), which are made available to you through our website at https://www.heartsandhomesnj.org and .com (the “Website”).

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We provide our Website and Services to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By visiting the Website and/or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not access or use the Website and the Services. This Website is available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

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Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy. 

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Description and Use of Services

hearts+homes is an independent non-profit care ministry that helps individuals and families in need in New Jersey. hearts+homes partners with other community organizations to offer additional services while offering our own direct services to qualified individuals and families. hearts+homes’ services include but are not limited to furniture, home goods, and practical emergency essentials related to a home. You may volunteer with hearts+homes for one or more opportunities available in the ministry. (Each person taking advantage of this service opportunity is a “Volunteer”). hearts+homes is under no obligation to accept any individual as a Volunteer or a participant in our ministry and may accept or reject at its sole and complete discretion.

 

You may also make donations to support hearts+homes’ Programs and Services (each, a “Donation”).

When you make a Donation, you acknowledge and agree that the Website will link to a third-party payment vendor that will process your payment (“Third-Party Payment Vendor”), and that any information you submit in connection with the Donation will be submitted to the Third-Party Payment Vendor and will be subject to the privacy policy and terms of use of that Third-Party Payment Vendor. hearts+homes is under no obligation to accept any individual as a donor in our ministry and may accept or reject at its sole and complete discretion.

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Use of Your Personal Information

Your use of the Website and/or the Services may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of Personal Information are governed according to our Privacy Policy (located within this document, which is hereby incorporated in its entirety.

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Community Guidelines

Like all communities, our community functions best when its people follow a few simple guidelines. By visiting the Website and/or accessing and/or using the Services, you hereby agree to comply with these community guidelines (the “Community Guidelines”) and that:

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• You will not use the Website and the Services for any unlawful purpose.

• You will not upload, post, email, transmit, or otherwise make available any content that:

infringes any copyright, trademark, or other proprietary rights of any person or entity; or

is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or

discloses any personal information about another person, including that person’s name, email address, postal address, phone number, credit card information, or any similar information;

• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

• You will not submit false or misleading information, or submit or offer any Donation that you do not intend to honor;

• You will not access the Website or use the Services to collect any market research for a competing business;

• You will not “stalk” or otherwise harass another user of the Website and/or the Services;

• You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website and the Services, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file; and

• You will not interfere with or attempt to interrupt the proper operation of the Website and/or the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website and/or the Services through hacking, password mining, or any other means.

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Please contact us about inappropriate content. If you find something that violates our Community Guidelines, please let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Services, without notice, and to remove any content that does not adhere to these guidelines.

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Intellectual Property

The Website, and the Services contain materials such as software, text, graphics, images, sound recordings, audiovisual works, and other materials provided by or on behalf of hearts+homes (collectively, the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from hearts+homes. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sub-license, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

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If you violate any part of this Agreement, your permission to access and/or use the Content and the Services automatically terminates, and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of hearts+homes (“hearts+homes Trademarks”) used and displayed on the Website and the Services are registered and unregistered trademarks or service marks of hearts+homes. Other company, product, and service names located on the Website and the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with hearts+homes Trademarks, the “Trademarks”). Nothing on the Website or Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of hearts+homes Trademarks inures to our benefit. Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means. None of the Content may be re-transmitted without our express, written consent for each and every instance.

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Communications to Us

Although we encourage you to email us, you should not email any content that contains confidential information. With respect to all emails you send us, including but not limited to, feedback, questions, comments, suggestions, etc., we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation.

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No Warranties/Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

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IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (1) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, ACCESS AND USE OF THE WEBSITE, THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

 

THE WEBSITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE WEBSITE, AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE, AND THE SERVICES AT ANY TIME WITHOUT NOTICE.

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External Sites

The Website contains various links to third-party websites, which are accessible through the Website (collectively, the “External Sites”). These links and such accessibility are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk, and pursuant to the terms of use of those External Sites.

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Indemnification

You agree to indemnify and hold hearts+homes, its affiliates, subsidiaries, or its or their officers, directors, employees, volunteers, or agents harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (1) your breach of this Agreement; (2) your misuse of the Website, the Services or any Content, and (3) your violation of any intellectual property or other right of any third party.

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Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

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Compliance with Applicable Laws

The Website and the Services are based in the United States. We make no claims concerning whether the content of the Website, or the Services may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website, the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

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Miscellaneous

This Agreement is governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws provisions. Except for proceedings commenced by hearts+homes to protect its intellectual property or confidential information, which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New Jersey. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.” You may not assign this Agreement. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and hearts+homes with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub-licensees.

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Effective November 26, 2023