Terms of Service
Welcome to the Human tribe. Human Tribe Project, LLC, an Arizona limited liability company (“Human Tribe Project”) was founded upon the premise that all people belong to a larger Tribe, comprised of their loved ones and acquaintances, and that this Tribe can be a powerful resource when one of its members is faced with a personal or health-related crisis.
As with many websites and social networking communities, there are rules about what can and cannot be done. These rules are laid out in these Terms of Services which must be agreed to before creating a Tribe Page, purchasing a Tribe Tag and/or joining a Tribe.
While we hope to be a valuable resource during a time of crisis, we do not provide medical or tax advice or medical treatment. Such decisions should be made in consultation with a doctor, lawyer or other qualified professional.
1. Acceptantce of Terms
Human Tribe Project provides the services described below (the “Services”) for you, subject to the following terms of service (the “Terms of Service”), which may be updated from time to time without notice to you. The most current Terms of Service are always available for review [here] (/pages/terms-of-service).
By accessing and using the Services, you accept and agree to be bound by the Terms of Service and abide by all rules and regulations, including the [Privacy Policy] (/pages/privacy-policy) and [Monetary Gift Policy] (/pages/monetary-gift-policy) posted on www.humantribeproject.com, which may be updated and modified from time to time, and which are incorporated herein by this reference.
2. Description of Services
Human Tribe Project is an online resource that allows friends and family to show both financial and emotional support to loved ones in crisis situation. Human Tribe Project facilitates fast and easy formation of online communities (“Tribes”) that rally around loved ones in-need, providing emotional support and communication through private websites, blogs and forums. Tribe members can provide financial support directly to the individual (the “Beneficiary”) by purchasing Tribe Tags, necklaces and keychains that serve as meaningful and tangible icons of support.
The Services may include certain communications from Human Tribe Project to you such as welcome notes, announcements and administrative messages. You understand and agree that that these communications are part of the Services and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that expands or enhances the current Services shall be subject to the Terms of Service.
You understand and agree that the Services are provided “AS IS” and “AS AVAILABLE” and that Human Tribe Project assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You understand that the technical processing and transmission of the Services, including Tribe Page content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Human Tribe Project is not responsible for providing any equipment necessary to access the Services.
3. Registration Obligations
You may view certain parts of the website and/or individual Tribe Pages without registering (the “Public Areas”). However in order to create a Tribe Page and purchase a Tribe Tag you must register. In order to view all areas of a Tribe Page and post comments or responses to a Tribe Page blog, you must be invited to join the Tribe as well as register.
As a registered member, you agree to: (a) provide true, accurate, current and complete information about yourself in all registration prompts, and (b) maintain and promptly update your personal information to keep it true, accurate, current and complete.
If you create a Tribe Page, you become a Tribe Leader, in addition to being a registered member. Tribe Leaders are responsible for the creation, maintenance and termination of a Tribe Page. If you are a Tribe Leader, you represent and warrant that you have the Beneficiary’s express permission to create a Tribe Page for the Beneficiary and you agree to: (a) provide true, accurate, current and complete information about the Beneficiary in all registration prompts, and (b) maintain and promptly update the Beneficiary’s information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Human Tribe Project has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Human Tribe Project has the right to suspend or terminate your account, membership and/or Tribe Page and refuse any and all current or future use of the Services (or any portion thereof).
4. Privacy Policy
All information you provide is subject to our Privacy Policy. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to and within the United States and/or other countries for storage, processing and use by Human Tribe Project and its affiliates. The full Privacy Policy can be viewed [here] (/pages/privacy-policy) and is incorporated by this reference herein.
5. Registering, Password and Security
You will use your email address and a password of your choice to register with Human Tribe Project and/or purchase items on humantribeproject.com. You acknowledge and agree that Human Tribe Project and our affiliates or designees may use the information you provide to authenticate you on the website. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Human Tribe Project of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Human Tribe Project cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You acknowledge that Human Tribe Project monitors content and may remove content from the website if considered inappropriate or objectionable, at Human Tribe Project’s sole discretion.
6. Creating and Maintaining Tribe Pages
Tribe Pages are created and maintained by a Tribe Leader, typically on behalf of an individual in crisis or a close friend or family member of an individual in crisis. If you are creating a Tribe Page for someone else, you agree and acknowledge that you have the express permission of that individual or, in the case the individual is under the age of 18, the express permission of his or her legal guardian. You must be able to provide Human Tribe Project with proof of permission upon request. You must abide by the rules regarding user conduct in creating and maintaining Tribe Pages.
7. User Conduct
You agree and acknowledge that all information, postings, messages, stories, data, text, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly or privately posted or transmitted, are the sole responsibility of the person from whom such Content originated and do not infringe on the intellectual property, confidentiality or proprietary rights of a third party. This means that you, and not Human Tribe Project, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Please be mindful that other Tribe Members will view your postings; be thoughtful and avoid offensive and derogatory remarks.
Human Tribe Project does not control the Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. You agree and understand that by using the Services, you may be exposed to Content that may be offensive, indecent or objectionable. Please notify Human Tribe Project of any inappropriate or illegal Content. Under no circumstances will Human Tribe Project be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
The person from whom the Content originates owns the copyright to the Content but, by submitting Content to Public Areas, you grant Human Tribe Project and our affiliates the perpetual, royalty-free right to use, copy, display, perform, distribute, adapt, translate, edit, and promote your Content, and to use your first name to attribute your Content to you if we so choose.
You agree to not use the Services to:
a.upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b.harm minors in any way;
c.impersonate any person or entity, including, but not limited to, a Beneficiary, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d.forge or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
e.upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f.upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g.upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h.upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i.disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in exchanges;
j.interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
k.intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l.provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m."stalk" or otherwise harass another; and/or
n.collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Human Tribe Project may or may not pre-screen Content, but that Human Tribe Project and its affiliates and designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Human Tribe Project and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Human Tribe Project or submitted to Human Tribe Project.
You acknowledge, consent and agree that Human Tribe Project may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Human Tribe Project, its users and the public.
You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Human Tribe Project and/or content providers who provide content to the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of such materials, in whole or in part, is strictly prohibited.
8. Interstate and Electronic Nature of Communications
You acknowledge that in using the Services you may be causing communications to be sent across the United States. Even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Service, you acknowledge that you may be sending interstate data transmissions.
You further acknowledge that your use of the Services constitutes an electronic signature to these Terms of Service and any and all amendments thereto and a consent to transact with us electronically. You further agree and acknowledge that we may send you all notices, announcements, disclosures and other communication in electronic form to the email address you provide in registering or by posting such communication on humantribeproject.com. You can withdraw your consent to receive communication electronically by canceling or discontinuing your use of the Services.
9. Contributions
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Human Tribe Project through its suggestion, feedback and blog webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Human Tribe Project is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Human Tribe Project shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide without any obligation to you, including, without limitation, any royalty obligation; (d) Human Tribe Project may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Human Tribe Project without any obligation of Human Tribe Project to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Human Tribe Project under any circumstances.
10. Indemnity
You agree to indemnify and hold Human Tribe Project and its subsidiaries, affiliates, designees, officers, agents, employees, partners and licensors harmless for, from and against any claim liability, harm, damages, costs, expenses or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms of Service, or your violation of any rights of another.
11. No Commercial Reuse of the Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services.
12. General Practices Regarding Use and Storage
You acknowledge that Human Tribe Project may establish general practices and limits concerning use of the Services, including without limitation, the maximum number of days that messages, postings or other uploaded Content will be retained by the Services, the maximum number of messages that may be sent from or received by an account on the Services, the maximum size of any message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Human Tribe Project’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Human Tribe Project has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that Human Tribe Project reserves the right to log off accounts that are inactive. You further acknowledge that Human Tribe Project reserves the right to modify these general practices and limits from time to time without notice to you.
13. Monetary Gifts
With each and every purchase of a Tribe Tag, an amount will be given to the Beneficiary on whose Tribe Page it was purchased (the “Monetary Gift”). For Nickel Plated Tribe Tags, the Monetary Gift is $15.00. For Sterling Silver Tribe Tags, the Monetary Gift is $75.00. You are solely responsible for ensuring that you have purchased a Tribe Tag for the correct Beneficiary. Monetary Gifts are not donations and are not tax deductible for the purchaser. This information does not constitute tax advice and you should not rely on information given on humantribeproject.com to determine the accounting, tax or financial consequences of making purchasing a Tribe Tag and making a Monetary Gift. Please consult a professional regarding any legal, accounting, taxation or financial consequences that may affect you. Human Tribe Project shall have no liability for any claim by any federal or state tax authority with respect to your characterization of any Monetary Gifts through Human Tribe Project on your federal or state tax returns.
Monetary Gifts will be sent to each Beneficiary on a monthly basis in the form of a check made out in the name and mailed to the address provided by the Tribe Leader when the Tribe Page was created. Any change to this information should be updated immediately to ensure Monetary Gifts are received. Human Tribe Project shall not be responsible for misdirected Monetary Gifts due to incorrect or invalid information provided to Human Tribe Project. Monetary Gift checks will be sent on or before the 15th day of each month and will include Monetary Gifts given through the last day of the previous month. Monetary Gifts given after the last day of any given month will be included with the next month’s Monetary Gift check.
Monetary Gifts are gifted without the deduction of any fees or service charges.
14. Unauthorized Credit/Debit Card Use
When a purchase is made on humantribeproject.com, the transaction is final and not disputable unless unauthorized use of your credit or debit card is proven. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your credit or debit card company in accordance with its reporting guidelines.
15. Modifications to Services
Human Tribe Project reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Human Tribe Project shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
16. Partners
Human Tribe Project may from time to time and at its sole discretion enter into agreements with other companies, organizations and individuals in an effort to enhance the Services. Human Tribe Project is not responsible for any third party’s information or services offered, and if you choose to use such services you do so at your own risk.
17. Termination
You may terminate your Human Tribe Project account and access to the Services by submitting such termination request to Human Tribe Project.
Human Tribe Project may, without prior notice, immediately terminate, limit your access to or suspend your account and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity and/or (f) engagement by you in fraudulent or illegal activities. Further, all terminations, limitations of access and suspensions shall be made in Human Tribe Project's sole discretion and Human Tribe Project shall not be liable to you or any third party for any termination of your account or access to the Services.
Termination of your Human Tribe Project account includes any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services.
Tribe Pages will remain active until the Tribe Leader or Beneficiary cancels the Tribe Page. Please be diligent in cancelling a Tribe Page when it is no longer needed to protect information posted on it.
18. Links
The Services may contain, or third parties may provide, links to other internet sites or resources. You acknowledge and agree that Human Tribe Project is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Human Tribe Project 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
19. Proprietary Rights
You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that advertisements or information presented to you through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Human Tribe Project, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Service, in whole or in part.
Human Tribe Project grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Services on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to access the Services by any means other than through the interface that is provided by Human Tribe Project for use in accessing the Services.
20. Minors
This site is not intended for use by Minors under the age of 18. If you are a parent or guardian who permits your minor child, or a child for whom you act as a legal guardian (defined as a "Minor"), to use the Services, you agree that you will be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Services; (c) the consequences of any use of the Services by such Minor. The disclaimers and limitations of liability set forth herein shall apply to you for acts of the Minor. If a Minor is 18 or older, but not of the age of majority in his or her state of residence, you will still be responsible for the acts of the Minor and all disclaimers and limitations of liability will still apply.
21. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HUMAN TRIBE PROJECT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.HUMAN TRIBE PROJECT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED IN A TIMELY MANNER.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUMAN TRIBE PROJECT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
e.A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
22. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HUMAN TRIBE PROJECT AND ITS SUBSIDIARIES, AFFILIATES, DESIGNEES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HUMAN TRIBE PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES.
23. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
24. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement.
25. Notice
Human Tribe Project may provide you with notices, including those regarding changes to the Terms of Service, including, but not limited to, email, regular mail, postings on the Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these Terms of Service by accessing the Services in an unauthorized manner. Your agreement to these Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
26. Trademark Information
You agree that all of Human Tribe Project’s trademarks, trade names, service marks, logos and brand features, and product and service names are trademarks and the property of Human Tribe Project, LLC (the "Human Tribe Project Marks"). Without Human Tribe Project's prior permission, you agree not to display or use in any manner the Human Tribe Project Marks.
27. General Information
Entire Agreement. The Terms of Service constitutes the entire agreement between you and Human Tribe Project and governs your use of the Services, superseding any prior version of this Terms of Services between you and Human Tribe Project with respect to the Services.
Choice of Law and Forum. You and Human Tribe Project each agree that the Terms of Service and the relationship between the parties shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and Human Tribe Project shall be brought exclusively in the courts located in the county of Maricopa County, Arizona or the U.S. District Court for the District of Arizona. You and Human Tribe Project agree to submit to the personal jurisdiction of the courts located within the county of Maricopa, Arizona or the District of Arizona, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Human Tribe Project to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
No Right of Survivorship and Non-Transferability. Unless you are a Beneficiary, you agree that your Human Tribe Project account is non-transferable and any rights to contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. If you are a Beneficiary, your account and any monetary proceeds therefrom are transferable. You are required to provide information for a transferee upon death. If no such transferee is assigned, the proceeds from your account are property of a Beneficiary’s estate.
Statute of Limitations. 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 Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
28. Violations
Please report any violations of the Terms of Service to info@humantribeproject.com.
Last Updated 08-04-2009.
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