Terms and Conditions

Hopebound Mental Health, Inc.

Please read the following Terms carefully before using Hopebound Mental Health, Inc.’s (“HOPEBOUND”, “our” or “we”) website, hopebound.com, including but not limited to the www.hopebound.com, as well as any online features, services and/or programs offered by HOPEBOUND (collectively, the “Website”). By accessing or using the Website, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of HOPEBOUND. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Website.

We will try to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).

Terms related to Online Account Access to your account(s) that you have with HOPEBOUND (“Account”) is set forth in Paragraph 3 herein.

1.    CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Website, HOPEBOUND does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) HOPEBOUND has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Website is accurate or complete. Your use of the Website and the services offered therein are subject to federal law, the law of the state where HOPEBOUND maintains your Account, or, if HOPEBOUND transfers your Account to another location, where HOPEBOUND currently maintains your Account (“Applicable Law”).

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.

 2.    SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of HOPEBOUND. At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services described in these Terms.

 3.    USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.

(a)    DEFINITIONS. The following definitions govern the terms of this Paragraph 3 and as used elsewhere in these Terms:

•        Payment Cutoff Time means 5p.m. Eastern Time on any Business Day and is the time by which you must transmit Payment Instructions for such Payment Instructions to be considered effective for that particular Business Day.

•        Business Day means every day except Saturdays and Sundays and federal holidays.

•        Linked Accounts [If users will be allowed to manage all their Accounts for different properties from one online account, a description of what the customer may do with each Account will be provided here.]

•        Payment Account means your personal or business checking, savings, or money market account from which HOPEBOUND bill payments for your Account(s) may be made by you. HOPEBOUND recommends that you confirm with your banking institution any fees that you may be changed for bill payments from your Payment Account before designating a banking account as a Payment Account (e.g., your money market account may permit a limited number of transfers before fees are imposed)

•        Payee means HOPEBOUND or its subsidiary to which you direct a payment

•        Payment Instructions means the information provided by you for a bill payment to be made to Payee (i.e., banking account number, ABA number, payment date, payment amount, and any additional information).

•        Payment Due Date means the Business Day of your choice and as designated by you upon which your payment will be received by Payee and your Payment Account will be debited. Note: Your Payment Due Date may be no later than the “Due Date” set by HOPEBOUND for your most current bill.

•        Pending Bill Payment means a pending bill payment authorized by you through the Online Service that has not been debited to your Payment Account.

(b)    ONLINE ACCOUNT ACCESS. For certain types of features available through the Website, including the Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). The Online Service is available by clicking on the Online Account Access login at www.hopebound.com. For self-enrollment, you must provide Account-specific information to authenticate yourself (e.g., Account owner name and address, Account number and meter number). You may also enroll by calling 908-461-5663. You will be asked Account-specific information to authenticate yourself. In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or UserID without permission. When your Online Service is linked to one or more Accounts, HOPEBOUND may act on the oral, written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify HOPEBOUND if an Authorized User should no longer be given access to an Account through the Online Service.

(c)    USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify HOPEBOUND of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by calling by calling 908-461-5663, by email at hello@hopebound.com, or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.

(d)    RELIANCE BY HOPEBOUND. You authorize HOPEBOUND to rely on your UserID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your UserID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that HOPEBOUND may comply with the Payment Instructions entered by any person using your UserID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms.

(e)    SECURITY. HOPEBOUND is committed to protecting the security and confidentiality of information about you and your Account and User Account. HOPEBOUND uses, and may in the future use, several different security methods to protect your Account and User Account information, including:

•        You can only access the Online Service with certain browsers that have high security standards

•        If the Online Service does not recognize your computer, you will be prompted to answer one of your challenge questions to verify your identity.

•        The Online Service will automatically log off if prolonged periods of inactivity occur.

•        Your session will terminate if you navigate away from the Online Service to another website.

(f)     ELECTRONIC COMMUNICATION.

(i)     Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that HOPEBOUND maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by HOPEBOUND for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with HOPEBOUND. HOPEBOUND will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from HOPEBOUND, do not respond to the email and notify HOPEBOUND by calling 908-461-5663 or forwarding the email to hello@hopebound.com.

(ii)    Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that HOPEBOUND may respond to any communication you send to HOPEBOUND with an electronic communication, regardless of whether your original communication with HOPEBOUND was an electronic communication. Any electronic communication HOPEBOUND sends to you will be considered received within twenty-one (21) calendar days of the date such communication is sent by computer servers utilized by HOPEBOUND to the email address you designate in your account profile or posted to HOPEBOUND’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to HOPEBOUND will not be effective until HOPEBOUND has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with HOPEBOUND immediately and, in no event, should your sole method of communication with HOPEBOUND regarding any emergency be by electronic communication. HOPEBOUND strongly suggests that you report all matters requiring immediate attention to HOPEBOUND by calling 908-461-5663. HOPEBOUND may require you to provide written confirmation of any verbal or electronic notice of alleged error by HOPEBOUND.

(g)    PERMISSIBLE ACTIVITIES. You may perform the following activities with the Online Service:

•        Account Inquiry. You may retrieve Account information (such as clinician information) and view up to twelve (12) months of transactions

•        Alerts. You may set alert messages for certain circumstances, such as when a new statement is available for viewing or when a pending payment has posted to your Account.

•        Review Statements. You may view electronic version of up to twelve (12) months of Account statements. Online statements should not be substituted for, nor represented as, your official statement

•        Invoice Payments. You may make payments to your Account from your Payment Account. Invoice Payments may only be made from checking, money market, or savings accounts and must be made in accordance with the terms of these Terms and any other applicable account agreement

(h)    PAYMENTS. You authorize HOPEBOUND to debit your Payment Account and remit funds on your behalf to the Payee. When HOPEBOUND receives a Payment Instruction, you have authorized HOPEBOUND to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Payment Due Date as designated by you. You also authorize HOPEBOUND to credit your Payment Account for payments returned to you HOPEBOUND

(i)      CANCELLING/MODIFYING PENDING BILL PAYMENTS. The delete/edit function applies to payments initiated through the Online Service that are pending. There is no charge for cancelling or modifying a Pending Bill Payment. In most circumstances, you may stop a Pending Bill Payment five (5) business days before the Payment Due Date. Other than as described above, you may not stop or edit a bill payment

(j)      DISCLOSURE OF ACCOUNT INFORMATION. HOPEBOUND will not disclose any information to third parties about you, including email addresses, or your Account, except in the situations described below or as otherwise set forth in HOPEBOUND’s Privacy Policy located at www.hopebound.com/privacy . We will disclose such information:

•        where disclosure is necessary for completing payments, or to resolve a problem related to a payment;

•        to verify the condition and existence of your Account for a third party, such as a credit bureau or merchant

•        to persons authorized by law in the course of their official duties;

•        to a consumer reporting agency as defined by Applicable Law;

•        to comply with a government agency or court order, such as a lawful subpoena;

•        to HOPEBOUND employees, auditors, service providers, attorneys or collection agents in the course of their duties; or

•        if you give HOPEBOUND written permission (including by email).

(k)    INSUFFICIENT FUNDS TO COMPLETE BILL PAYMENT. You must have sufficient available funds in your Payment Account on the Payment Due Date. If your Payment Account has insufficient funds, the Bill Payment will not be completed. Should a Bill Payment fail because of insufficient funds in your Payment Account, an amount equal to HOPEBOUND’s Returned Payment Fee then in effect will be applied to your Account

(l)      HOPEBOUND’S LIABILITY FOR FAILURE TO COMPLETE BILL PAYMENTS. If HOPEBOUND debits your Payment Account incorrectly, HOPEBOUND will be responsible for returning the improperly debited funds to your Payment Account. If HOPEBOUND does not complete a Bill Payment from your Payment Account on time or in the correct amount in accordance with your Payment Instructions, HOPEBOUND will be liable for the actual charges incurred by you, to the extent required by Applicable Law and in any event subject to paragraph 5 herein. However, HOPEBOUND will not be liable in the following situations:

•        You did not properly follow the provisions of these Terms, the online instructions for the Online Service, or other instructions for making a payment;

•        Through no fault of HOPEBOUND’s, you have insufficient funds in your Payment Account to make a payment;

•        Your computer, the software, phone lines, HOPEBOUND’s computer system or the Online Service were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were advised by the Online Service of the malfunction before you executed the payment;

•        Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods, or other natural disasters;

•        HOPEBOUND has reasonable basis to believe that unauthorized use of your UserID, Password, or User Account or Account has occurred or may be occurring;

•        HOPEBOUND or you has terminated your Online Service or closed your Account to which the UserID was linked;

•        You have supplied your login information to another party; or

•        For any other reason specified in these Terms or any other agreement HOPEBOUND has with you.

(m)   ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HOPEBOUND has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HOPEBOUND has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

(n)    TERMINATION OF ACCOUNT. HOPEBOUND reserves the right to terminate your use of the Online Service for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Online Service by calling HOPEBOUND at 908-461-5663or by writing to HOPEBOUND at the address provided at the end of these Terms. Any termination of your use of the Online Service, whether initiated by you or by HOPEBOUND, will not affect any of your or HOPEBOUND’s rights and obligations under these Terms that have arisen before the effective date of such termination.

(o)    RELATED AGREEMENTS. Your Account linked to the Online Service will also be governed by the agreements, disclosures, HOPEBOUND’s service tariff in your area, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.

(p)    ERRORS OR QUESTIONS ABOUT BILL PAYMENTS. In case of errors or questions about Bill Payments, you should notify HOPEBOUND at once at by calling 908-461-5663, by email at hello@hopebound.com, or through the online message center (if applicable).

 4.    DISCLAIMERS.

(a)    NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. HOPEBOUND PROVIDES THE WEBSITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND HOPEBOUND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. HOPEBOUND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT HOPEBOUND SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(b)    INDEMNIFICATION. You agree to defend, indemnify and hold HOPEBOUND and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by HOPEBOUND, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

 5.    LIMITATION OF LIABILITY. HOPEBOUND’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH HOPEBOUND. EXCEPT FOR THE ACTUAL CHARGES DESCRIBED IN PARAGRAPH 3(L) ABOVE, IN NO EVENT WILL HOPEBOUND BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS HOPEBOUND’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 6.    PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with HOPEBOUND’s Privacy Policy located at www.hopebound.com/privacy .

 7.    THIRD PARTY CONTENT.

(a)    HOPEBOUND may provide hyperlinks to other Websites maintained by third parties, or HOPEBOUND may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER HOPEBOUND’S CONTROL AND HOPEBOUND IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

(b)    If a third-party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with HOPEBOUND. In most cases, HOPEBOUND is not even aware that a third party has linked to the Website. A Website that links to the Website: (i) may link to, but not replicate, HOPEBOUND’s Content; (ii) may not create a browser, border environment or frame HOPEBOUND’s Content; (iii) may not imply that HOPEBOUND is endorsing it or its products; (iv) may not misrepresent its relationship with HOPEBOUND; (v) may not present false or misleading information about HOPEBOUND’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

 8.    COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are HOPEBOUND’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. HOPEBOUND is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of HOPEBOUND that may be referred to on the Website are the property of HOPEBOUND. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of HOPEBOUND’s trademarks or service marks without HOPEBOUND’s prior written permission. HOPEBOUND aggressively enforces its intellectual property rights. Neither the name of HOPEBOUND nor any of HOPEBOUND other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without HOPEBOUND’s prior written permission, except that a third party Website that desires to link to the Website and that complies with the requirements of Paragraph 7(b) above may use the name “HOPEBOUND” in or as part of that URL link. If you believe that any Content on the Website violates any intellectual property right of yours, please contact HOPEBOUND at the address, email address or telephone number set forth at the bottom of these Terms.

 9.    LOCAL LAWS. HOPEBOUND makes no representation that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. HOPEBOUND is not responsible for any violation of law. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations. You agree that the Website, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where HOPEBOUND maintains your Account, or, if HOPEBOUND transfers your Account to another location, where HOPEBOUND currently maintains your Account. The Website and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over HOPEBOUND, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where HOPEBOUND maintains your Account, or, if HOPEBOUND transfers your Account to another location, where HOPEBOUND currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

10.   AVAILABILITY. Information that HOPEBOUND publishes in the Website may contain references or cross-references to products, programs or services of HOPEBOUND that are not necessarily announced or available in your area. Such references do not mean that HOPEBOUND will announce any of those products, programs or services in your area at any time in the future. You should contact HOPEBOUND for information regarding the products, programs and services that may be available to you, if any

11.   NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by HOPEBOUND unless acknowledge by HOPEBOUND in writing. HOPEBOUND has no obligation to provide you with written acknowledgment. HOPEBOUND may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.

12.   TERMINATION OF SERVICE. We may terminate your User Account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to HOPEBOUND, to the business of the Website’s Internet service provider, or to other information providers.

13.   CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Website. By submitting information through the Website, you agree that the information submitted shall be subject to the HOPEBOUND Website Privacy Policy located at www.hopebound.com/privacy .

14.   MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and HOPEBOUND’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the HOPEBOUND Website Privacy Policy located at www.hopebound.com/privacy  are the entire agreement between you and HOPEBOUND with respect to your use of the Website and the Online Service, and supersede any and all prior communications and prior agreements, whether written or oral, between you and HOPEBOUND regarding the Website and the Online Service.

Privacy and Information Security Policy

Hopebound Mental Health, Inc. (“Hopebound”) is committed to safeguarding your online privacy with respect to the personally identifiable information that we may obtain from you at the http://www.hopebound.com Website (the “Website”). Our Privacy and Information Security Policy (“Privacy Policy”) answers frequently asked questions about your online privacy, including what personally identifiable information we may obtain from you and how it will be used and protected. Hopebound may from time to time change this Privacy Policy, so please check back periodically.

WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE OBTAIN FROM YOU? WHEN DO WE OBTAIN SUCH INFORMATION?

If, upon visiting our Website, your use is limited to browsing our informational content, we will not require that you provide us with any personally identifiable information. However, we may request personal information from you at other times. For example:

•        If you enroll for a ______________________ membership through our Website, we may ask that you provide us with certain personal information, including your name, credit card number, expiration date, e-mail address, mailing address and telephone number. Your credit card information will be transferred to Stripe for processing. Stripe (as discussed in more detail below) employs a variety security and risk management technologies to facilitate secure on-line transactions and to protect your credit information. You can find more information about their privacy policies at www.stripe.com.

•        If you post to our discussion forums, we will ask that you provide us with your name, e-mail address and password.

•        If you want to enter any programs, contests or promotions sponsored by us or by one of our business partners, we will need your name, e-mail address and other information as may be required by the rules of the specific contest.

•        If you choose to participate in a customer survey conducted by us or by one of our business partners, we may ask for your name, e-mail address and other information as may be required by the particular survey.

•        If you report a problem or submit a customer review, we will ask that you provide your name, e-mail address, membership number, address, phone number and fax number. Should you contact us for any reason other than to report a problem and/or submit a review, we may also keep a record and/or copy of your correspondence with us.

HOW DO WE PROTECT THE SECURITY AND QUALITY OF YOUR PERSONAL INFORMATION?

To protect the security and quality of your personal information, we have implemented technical and managerial procedures to maintain accurate, current and complete information as well as to protect your personal information against loss, misuse or alteration when it is under our control. Your personally identifiable information will be encrypted and stored on our secured servers. Your personal information is also password protected so that access is limited to yourself and those with whom you share your password, Hopebound, as well as third party access facilitated by Hopebound with your prior permission. We have also taken steps to help protect the integrity of your personal financial information when you complete a purchase transaction on our Website. As noted above, we use Stripe to facilitate confidential online business transactions. Stripe helps prevent your credit information from being read by unauthorized persons as this information is transmitted over the Internet. Stripe employs the TLS Server using SSL (Secure Socket Layer) encryption for the secure exchange of your personal information. The Stripe  ransaction system passes your credit information through its system, but does not retain any credit card numbers. Once the transaction is completed, information about the sale (without credit card information) is stored in a password-protected online database maintained by Stripe. Only in an offline and offsite accounting server does Stripe retain the entire transaction record. This eliminates the ability of hackers to gain access to your personal information. In addition, Stripe processes all transactions by private digital lines, and not via the Internet. You can find more information about Stripe at www.stripe.com.

HOW DO WE USE YOUR INFORMATION?

Our primary use of your information is to administer, maintain and improve your experience on our Website generally as well as provide you with customized, personalization services and interactive communications.

•        If you check the “opt-in” feature on our Website, or if you do not uncheck a pre-checked “opt-in” box we may from time to time send you e-mails regarding our Website and special promotions. Also, we occasionally may send you direct mail about products or services that we believe may be of interest to you.

•        We use your financial information (e.g., your credit card number) only to verify your credit and to bill you for memberships purchased through our Website. We also use your contact information as necessary to send you information about the memberships that you have purchased on our Website.

•        When you enter any sweepstakes, contests or promotions sponsored by us or by one of our business partners, we may use your e-mail address to send you status updates.

•        We use your IP address to help diagnose problems with our server and to administer the services offered on our Website. We also use your IP address to help identify you and to gather broad demographic information that we may share with our business partners, but only in the aggregate without any of your personally identifiable information.

•        We may research the demographics, interests and behavior of our customers based on the information provided to us during membership registration, during sweepstakes, contests and promotions, from our server log files, from cookies and from surveys. Our research may be compiled and analyzed on an aggregate basis. We may share this aggregate data with business partners, but only in the aggregate, without any of your personally identifiable information.

CAN YOU “OPT-OUT” OF RECEIVING COMMUNICATIONS FROM HOPEBOUND?

If you change your mind and decide that you no longer want to receive promotional e-mails and/or direct mailings, you may opt-out at any time by simply sending an e-mail request to hello@hopebound.com . Similarly, if you are not receiving our promotional e-mails and/or direct mailings and wish to receive these materials, you may opt-in at any time by simply sending an e-mail request to hello@hopebound.com.

PRIVACY POLICIES OF HOPEBOUND PARTNERS

Third parties that have links on our Website may collect personally identifiable information about you. We are not responsible for the privacy policies or practices of such sites and the practices of these sites are not governed by this Privacy Policy. If you have questions about the privacy policies or practices of a third-party site, you should contact the site administrator or web-master of the specific site. We may from time to time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions. Any information that you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of Hopebound and its business partners. We will maintain your information in accordance with the terms of this Privacy Policy. However, this Privacy Policy does not govern the privacy policies and practices of our business partners. If you have questions about the privacy policies or practices of our business partners, you should contact them directly.

DO WE SELL OR RENT YOUR PERSONALLY IDENTIFIABLE INFORMATION?

No, as a general rule, we do not sell or rent your personally identifiable information to anyone. If and whenever we intend to share your personally identifiable information with a third party (other than to a business partner as provided herein), you will be notified at the time of data collection or transfer, and you will have the option of not permitting the transfer. However, we may from time to time rent or sell demographic information in the aggregate that does not contain your personally identifiable information.

WITH WHOM DO WE SHARE INFORMATION?

We generally will not disclose any of your personally identifiable information except when we have your permission to do so or under some special circumstances described below.

•        As noted previously, we may from time to time partner with other companies to offer co-branded services as well as programs and promotions. Any information that you provide in connection with the co-branded services or any jointly sponsored programs and promotions will become the joint property of Hopebound and its business partners. We may also disclose other personal information about you to our business partners, but only if we have obtained your permission to make the disclosure before data collection or before transferring the data.

•        We may, from time to time, offer you the opportunity to receive materials or special offers from third parties. If you want to receive this information, we may (but only with your permission) share your name and e-mail address with them.

•        Under confidentiality agreements, we may match user information with third party data. We also may disclose aggregate demographic and/or user information and statistics in order to describe our customer base to prospective partners and other third parties, and for other lawful purposes.

•        We may disclose your personally identifiable information without your prior permission in special cases. For example, we may have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be violating the User Terms and Conditions, or may be causing intentional or unintentional injury or interference to the rights or property of Hopebound or any third party, including other customers. Also, we may disclose or access your personally identifiable information when we believe in good faith that law or regulation requires disclosure.

HOW CAN YOU UPDATE, CORRECT OR DELETE YOUR PERSONALLY IDENTIFIABLE INFORMATION?

You may edit your personally identifiable information and your password at any time by sending an e-mail request to hello@hopebound.com.

WHAT ARE COOKIES? HOW DO WE USE COOKIES?

Cookies enable us to customize and personalize your experience on our Website, including the products and promotions that are offered to you. Essentially, a cookie is a small amount of data that is sent to your browser from a web server and is stored on your computer’s hard drive. We use cookies for several purposes in connection with the operation of our Website

•        We may use cookies to identify you and access your information stored on our computers in order to deliver you a better and more personalized experience. For example, we may use cookies to tell you about products and services specific to your interests.

•        Upon request, we will save your “user name” so that you do not have to re-enter it every time you visit our Website. In providing you with this service, we use cookies.

•        We may use cookies to estimate our customer base and customer usage patterns. Each browser accessing our Website may use given a unique cookie that is then used to determine the extent of repeat visits and the customer activity during those visits. We may use the historical information to help target promotions based on customer interests and behavior, both specifically to individual customers and on an aggregate basis with respect to all customers.

•        We also may use cookies to track your progress and number of entries in some promotions, sweepstakes and contests, or through a meeting registration process. For example, when a promotion uses cookies, the information coded to the cookie indicates your progress through the promotion, and may be used to track entries, submissions and status of prize drawings.

Business partners that offer co-branded services and jointly-sponsored sweepstakes, contests and promotions on our Website, may use their own cookies. We have no control over those cookies, nor does this Privacy Policy cover how your personal information contained in those cookies may be used or protected. If you have any questions about the cookies of such third parties, or about the use of your personal information by such third parties, you should contact the site administrator or web-master of the third-party site.

DO YOU HAVE CHOICES ABOUT COOKIES?

Yes, you have several choices with respect to cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. However, our Website uses cookie-based authentication. Accordingly, if you choose to reject all cookies, you may not be able to log onto our Website and/or use our services or participate in our sweepstakes, contests or promotions.

WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY?

It is important to remember that whenever you voluntarily disclose personal information on-line, your information can be collected and used by others. If you transmit or post personal information on-line that is accessible to others, you will not be able to control how that information is used by others. When we receive the transmitted information, we will use the procedures summarized in this Privacy Policy to ensure the integrity and security of that information in our systems. Unfortunately, notwithstanding any of the steps taken by us, it is not possible to guarantee the security and integrity of data transmitted over the Internet. Consequently, while we take the above-described reasonable steps to protect your personal information, we cannot and do not warrant the security or integrity of any information you transmit to us when registering for our Website or otherwise. All such transmission of information is at your own risk. Moreover, though we are committed to having our Website comply with this Privacy Policy, you are ultimately responsible for maintaining the secrecy of your password and your personally identifiable information. If you are careless with your password, or you decide to share your password with third parties, you must be aware of the risk that such third parties will have access to all your personally identifiable information.

CONTACT US.

If you have any questions or comments about this Privacy Statement or the practices of our Website, please feel free to e-mail us at hello@hopebound.com or visit our contact page.