Welcome to www.hopefoundation.org, a service operated by The HOPE Foundation. This agreement (the "Agreement") between The HOPE Foundation and you governs your use of The HOPE Foundation web site (the "web site"). Your use of the web site constitutes your acceptance without modification of all of the terms, conditions, and notices contained herein. In consideration of your agreement to these Terms of Use and for other valuable consideration, The HOPE Foundation grants to you a nonexclusive, nontransferable, limited, terminable license to access and use the web site. The HOPE Foundation reserves all rights not expressly granted in this Agreement. The HOPE Foundation may make modifications, improvements, deletions, or amendments to the web site at any time we deem appropriate. Any and all relevant portions of this Agreement will apply automatically to all modifications, improvements, deletions, and/or amendments as they appear. In addition, The HOPE Foundation reserves the right at any time to modify the terms and conditions of this Agreement, or any part thereof, or to impose new conditions on the Agreement. Except as otherwise stated herein, any modification to this Agreement shall be effective ten (10) days after it initially is posted on the web site. Your use of the web site after any such change will be conclusively deemed acceptance of such change. If any change is unacceptable to you, your sole relief is to cancel your Membership. The Agreement may not otherwise be amended except in writing signed by you and by an authorized representative of The HOPE Foundation. This Agreement was last revised on September 8, 2003.

1. Nature of the web site

The web site is an online, interactive information portal where users may find information about educational methods, research, educational seminars, and other topics. Although we hope you will find the information available on the web site to be comprehensive, timely, and useful, The HOPE Foundation does not guarantee that the information is accurate or complete on every topic, that it will include all of the most recent information available on a particular topic, or that it will satisfactorily address your particular informational needs or interests.

2. Membership

Access to the certain web site features is available only to registered users ("Members"). The HOPE Foundation reserves the right to approve any Member before the Member may use the Member Features. The nature of the Member Features requires information ("Member Information") to be collected by The HOPE Foundation to equip the Member with the efficiencies and advantages of these Member Features. If you choose to access Member Features you agree: (a) to provide accurate, current, and complete information about yourself ("Member Information"); and (b) to maintain and update this Member Information to keep it accurate, current, and complete. If any Member Information provided by you is untrue, inaccurate, not current, or incomplete, The HOPE Foundation has the right to refuse to provide you with use of the Member Features and/or any service offered specifically to Members, without benefit of refund. You freely release all Member Information and give The HOPE Foundation permission to verify any and all information given now or any time in the future. You agree that The HOPE Foundation's use and disclosure of your Member Information in accordance with the terms of this Agreement does not infringe your right of privacy or publicity or any other right. You understand that The HOPE Foundation does not routinely perform background checks on Members, and assumes no liability for the accuracy of Member Information provided. Upon registration you will be assigned a unique Member username and a password. Access to the Member Features is accomplished through the use of your Member username and password. Your Member username and password should be kept strictly confidential to prevent unauthorized use. You are responsible for safeguarding and maintaining the secrecy of your Member username and password at all times. You agree to notify The HOPE Foundation promptly of any unauthorized use of your Member username and password. You will remain liable for any use of the Member Features unless and until you notify The HOPE Foundation of the unauthorized use of your Member username and password. The HOPE Foundation may suspend your Membership without notice to you in the event that you do not use the web site for an extended period of time. Membership is available only to individuals over the age of eighteen. By applying for Membership you represent that you are not under the age of eighteen. In addition, as a Member you agree to be responsible for (i) prohibiting use and/or access to the Member Features by those under the age of eighteen; and (ii) limiting access to your computer or the Internet to the extent necessary to restrict use of the Member Features to those over the age of eighteen.

3. Discussion Forums

Members may participate in online, interactive "Discussion Forums" through the web site. A Discussion Forum provides an opportunity for Members to discuss issues of common interest. A Discussion Forum may include the participation of a guest lecturer, guest facilitator, community leader, or other non-Member invited by The HOPE Foundation to participate in the Discussion Forum. While The HOPE Foundation may moderate a Discussion Forum, The HOPE Foundation cannot control the comments of any participant in a Discussion Forum, and is not responsible for comments posted during a Discussion Forum. Comments posed by and conduct of Discussion Forum participants are not subject to control by The HOPE Foundation and represent only the views of the individual participant. However, The HOPE Foundation has the right, but not the obligation, to review, modify, block, or delete any postings, messages, or information accessible in any Discussion Forum which The HOPE Foundation, in its sole discretion, considers to be potentially defamatory, obscene, harassing, abusive, threatening, or otherwise intended to or having the effect of interfering with or disrupting the exchange of information or operation of the Discussion Forum. We may adopt and revise supplemental policies from time to time governing the conduct of participants in Discussion Forums, which policies are incorporated by reference into this Agreement. You acknowledge that your participation in a Discussion Forum may result in unsolicited contacts that The HOPE Foundation cannot prevent or control.

4. Trademark and Copyright Policy

The HOPE Foundation is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the web site, and is the copyright owner or licensee of the content and/or information on the web site, including but not limited to any screens appearing on the web site. By placing them on the web site, The HOPE Foundation does not grant to any Member any license or other authorization to copy or use its trademarks, registered trademarks, service marks, copyrightable material, or other intellectual property, except as provided herein. Various products and services described on the web site may carry registered or other trademarked symbols that are the sole property of their respective owners.

You may view, print, and download portions of the content and/or information of the web site solely in connection with your use of the web site, and solely for your own use or records. The HOPE Foundation reserves the right to revoke this authorization at any time. In printing or downloading content and/or information from the web site, you agree not to change or delete any proprietary notices, trademarks, and the like from any printed or downloaded content and/or information. Except as otherwise provided in this Agreement or as consented to in writing by The HOPE Foundation, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any content and/or information appearing on the web site. Furthermore, you may not attempt to view, disclose, copy, reverse engineer, disassemble, decompile or otherwise examine the web site source code. If you make use of the web site other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties and/or legal or equitable remedies available to The HOPE Foundation or its licensor.

You shall not provide copyrighted or other proprietary information to The HOPE Foundation without permission from the owner of such material or such rights and shall be solely responsible for any damages resulting from such disclosures. You shall be solely responsible for obtaining such permission. If you feel your copyrighted material appears on the web site without proper authorization, please contact us This e-mail address is being protected from spambots. You need JavaScript enabled to view it so that we may properly remedy the situation.

5. Third Party Information; Links to Other Sites

The web site may contain windows or hyperlinks which provide access to other web sites not affiliated with the web site or with The HOPE Foundation (the "External web sites"), or to informational content provided by the External web sites. Your use of such External web sites or informational content, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such External web site. The HOPE Foundation is not liable for and does not endorse nor make any representations or warranties concerning any informational content, products, services, software, or other materials available on such External web sites, even if a page or pages of the External web site is framed with a page of this web site. The HOPE Foundation is not responsible for the privacy practices or the content of External web sites. For your protection, please refer to the terms of service and privacy policies of the respective External web sites. You acknowledge, understand, and agree that The HOPE Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such informational content, products, services, software, or other materials available on or provided by any External web site. Vendors of certain products and services may contract with us to advertise their products and services on this web site. We do not endorse nor make any representations or warranties concerning any vendor products or services advertised on this web site. Your decision to make purchases from any such vendor is completely voluntary and within your sole discretion. You are solely responsible for payment of all costs or fees associated with the purchase of products and services from vendors which advertise on this web site, including payment of all shipping charges, applicable sales tax, or other taxes, assessments, or fees imposed by applicable law.

6. Failure to Comply With Terms and Conditions; Termination

You acknowledge and agree that The HOPE Foundation may terminate this Agreement or suspend or deny you access to all or part of the web site without prior notice, if you engage in any conduct or activities that The HOPE Foundation in its sole discretion believes violate any of the terms and conditions set forth herein, violate the rights of The HOPE Foundation, or are otherwise inappropriate. The HOPE Foundation shall have no responsibility to notify any third parties of your denial of access to the web site, and neither shall The HOPE Foundation have any responsibility for any consequences resulting from such lack of notification.

7. Warranty Disclaimers

You understand and expressly agree that use of the web site is at your sole risk. The HOPE Foundation does not guarantee, represent, or warrant that your use of the web site will be uninterrupted, error free, or virus free, or that the web site will meet your requirements. In addition, no warranty is made as to the results that may be obtained from use of the web site, or as to the accuracy, reliability, or content of any product, service, or information provided through or in connection with the web site. Although The HOPE Foundation uses reasonable security and encryption provisions, we do not guarantee and we make no representations or warranties concerning our ability to prevent unauthorized access of or tampering with the web site or information accessible through the web site. You acknowledge that information transmitted through the Internet or accessible through the Internet is never completely secure. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEB SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, The HOPE Foundation DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND, (2) ANY WARRANTIES OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF The HOPE Foundation'S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER The HOPE Foundation NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, "The HOPE Foundation ASSOCIATES") SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE WEB SITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEB SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF The HOPE Foundation OR THE HOPE Foundation ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL The HOPE Foundation'S LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE LESSER OF: (A) FIVE HUNDRED DOLLARS ($500.00); OR (B) THE AMOUNTS PAID BY YOU TO The HOPE Foundation IN THE THREE (3) MONTHS PRIOR TO THE DATE OF ACCRUAL OF ANY SUCH CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER The HOPE Foundation NOR ANY The HOPE Foundation ASSOCIATE IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER AUTHORIZED USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CANCELLATION OF YOUR AUTHORIZED USERSHIP AND/OR CESSATION OF YOUR USE OF THE WEB SITE IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH The HOPE Foundation.

You agree to defend, indemnify, and hold harmless The HOPE Foundation, its agents and employees, and the HOPE Foundation Associates, from and against any claims, damages, costs, and expenses, including all costs of legal proceedings and attorneys' fees, arising in connection with use of the web site by you or by anyone using your Member username and password, or in connection with a violation or breach of this Agreement by you or by anyone using your Member username and password, including without limitation, (i) claims based on defamation or other conduct by you in using the web site, or (ii) your violation of any intellectual property laws including without limitation those relating to copyright, trademarks or trade secrets.

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 web site must be filed within one (1) year after such claim or cause of action accrues or be forever barred.

8. General

The web site is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity.

You shall not post or transmit: (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law; (ii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or non-commercial communication except as otherwise expressly permitted by The HOPE Foundation; or (iii) any information or software which contains a virus, trojan horse, worm, or other harmful component.

You shall not access or attempt to access password protected, secure, or non-public areas of the web site, except with the authorization of The HOPE Foundation. The HOPE Foundation has no obligation to monitor the web site; however, you acknowledge and agree that The HOPE Foundation has the right to monitor the web site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the web site properly, or to protect itself or its Members or the HOPE Foundation Associates.

Nothing in this Agreement shall be construed to establish a joint venture, agency, employment, or other business relationship between you and The HOPE Foundation. You acknowledge that no verbal representations or guarantees have been made to you, except as set out in this Agreement. This Agreement and the relationship between you and The HOPE Foundation shall be governed by the laws of the State of Indiana without regard to any conflict of law or choice of law provisions of any State. You and The HOPE Foundation agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Marion County, Indiana, or Monroe County, Indiana, in the event of any dispute arising under this Agreement, and waive any future right to object to such jurisdiction and venue.

The failure of The HOPE Foundation to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement shall remain in full force and effect. The headings used in this Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of this Agreement. Any ambiguities in this Agreement shall not be strictly construed against the drafter of the language concerned, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. This Agreement shall not be construed against any party by reason of its preparation. The provisions of Section 7 of this Agreement are for the benefit of The HOPE Foundation Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. The provisions of this Agreement which by their nature extend beyond the termination of this Agreement shall survive termination of this Agreement, including but not limited to those set forth in Sections 4, 6, 7, and 8.

You shall have no right to assign all or any part of this Agreement, and any attempt to do so shall be void. The HOPE Foundation shall have the right to assign this Agreement and to sublicense any and all of its rights under this Agreement. This Agreement, including any documents referenced herein and any additional operating rules as posted on the web site represents the entire understanding between you and The HOPE Foundation regarding your relationship with The HOPE Foundation and your use of the web site. This Agreement supersedes all previous written or oral agreements between you and The HOPE Foundation with respect to such subject matter. Notwithstanding any provisions of this Agreement, The HOPE Foundation has available all remedies at law or equity to enforce this Agreement.

9. Notices; Canceling Your Membership

Where required, The HOPE Foundation may give notice to you by a general posting on the web site, by electronic mail, or by conventional mail to your address contained in the Member Information. You may give notice to The HOPE Foundation by electronic mail or by conventional mail to the address below. If you have any questions about this Agreement, the practices of the web site, or your dealings with the HOPE Foundation, please e-mail or write to:

The HOPE Foundation, Inc.
Attn: Webmaster
1252 North Loesch Road
Bloomington, IN 47402-0906
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it