Hudson Folkerts Memorial Foundation’s Privacy Policy
This Privacy Policy addresses the practices of Hudson Folkerts Memorial Foundation, Inc. (“HFMF”) regarding information collected from users of HFMF’s web site located at http://www.hudsonfolkertsmemorialfoundation.org (the “Site”) and only addresses information collected directly through or from the Site. This Privacy Policy does not address or govern any information gathering, use, or dissemination practices related to information collected from the user (sometimes referred to as “you” or “your”) other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. HFMF can be contacted by email at hfmf@hfmf.org.
1. Collection of Personal Information from Users. Except as specifically set forth herein, HFMF may collect or track: (a) the email addresses of users that communicate with HFMF via email; (c) information knowingly provided by the user in online forms, registration or membership forms, waivers, emails, and other online avenues (including, without limitation to, demographic and personal profile data); (c) aggregate and user-specific information regarding which pages a user accesses; (d) the home server domain names, date and time of your visit, type of computer, the originating IP address, files downloaded, search engine used, operating system, and type of Web browser of users of the Site; and (e) for users who opt-in to the Geolocation service (described in greater detail in Section 6 below), the location of users of the Site. HFMF may place Internet “cookies” on your hard drive. Internet cookies are small amounts of data that contain a unique identifier that many web sites frequently send to your web browser to be stored on your computer’s hard drive in order to save data about you, such as your name, password, user-name, screen preferences, and the pages of a web site you have viewed. When you revisit the Site, HFMF may recognize you by your Internet cookies and customize your experience accordingly. You may decline Internet cookies by using the appropriate feature of your Web browser software, if available. HFMF may use Google Analytics or a similar service to gather, store, and track certain information related to your visit to and activity on the Site. When a user performs a search within the Site, HFMF may record information identifying the user or linking the user to the search performed and recording information related to the search request. The collection, use, and disclosure of information contemplated in this Privacy Policy may involve a transfer of the information to jurisdictions located outside your country of residence that may not have equivalent laws and rules regarding personally identifiable information.
2. Use of Personal Information Collected. Personal information collected by HFMF may be used by HFMF for many reasons, for example, for recordkeeping, editorial and feedback purposes, marketing and promotional purposes, statistical analysis of users’ behavior, product development, content improvement, or to customize the content and layout of the Site. Aggregate data on users’ home servers may be used for internal purposes, and individually identifying information, such as names, postal and email addresses, phone numbers, and other personal information which users voluntarily provide to HFMF may be added to HFMF’s databases and used for future calls and mailings regarding updates to the Site, new products or services, and upcoming events. HFMF also may use user data to contact users of the Site regarding registration and account status and changes to the web site Terms and Conditions, Privacy Policy or any other policies or agreements relevant to users of the Site.
3. Disclosure of Personal Information to Third Parties. Except as provided herein, individually identifying personal information provided through the Site will not be sold or otherwise disclosed to third parties not affiliated with HFMF. Identifiable and non-identifiable user information and data may be disclosed or distributed to another party with which HFMF enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by HFMF in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of HFMF or any other person or entity. Identifiable and non-identifiable user information and data that users provide to HFMF may also be provided to third parties that contract with HFMF to provide products, information or other services that HFMF believes that users may be interested in obtaining. While HFMF may undertake efforts to see that any third party to whom HFMF discloses personal information is under an obligation to use the personal information solely for the purposes for which the information was disclosed, such third parties are independent third parties over which HFMF exercises no control. HFMF is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of third parties.
4. The Site may also contain links to third party web sites. The Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. If you access a third party web site from a link on this Site, any information you disclose on that web site is not subject to this Privacy Policy. It is possible that these links may be used by third parties or others to collect personal or other information about you. HFMF is not responsible for the privacy practices of such web sites, advertisers, or third parties or the content of such web sites and it is your sole obligation to review and understand the privacy practices and policies of these other web sites. HFMF does not control these third parties’ use of cookies, collection of information, or how they manage such information.
5. Internet Security.HFMF uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. HFMF will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that HFMF shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any content via the Site may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to HFMF via the Site or the Internet in general, including, for example, personal information such as your name or address.
6. Comments, Notices and User Content. All materials or comments posted to any aspect of the Site are public. Please refer to the Site’s Terms and Conditions, as applicable to your use, for further detail concerning User Content and other materials submitted to the Site. HFMF assumes no liability for the accuracy of such information, no duty to update or correct such information, and no liability for such communications arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any comment system on the Site may utilize an opt-in Geolocation service in accordance with a prevailing community standard such as HTML 5. Such Geolocation opt-in ability is managed by the user’s browser settings. If a user chooses to opt-in to the Geolocation service, the user’s comments may be associated with the user’s location, both internally within HFMF and publicly on the Site.
7. Opt-Out Right.Except as necessary for HFMF to provide the services, information, or products requested by a registered user, by updating the profile preferences on the Site, a registered user may opt out of having his or her personally identifiable information, which has been voluntarily provided to HFMF through an account registration, or electronic news or information subscription, prospectively retained by HFMF, used by HFMF for secondary purposes, or disclosed by HFMF to third parties. (This does not apply to collection of the type of Web browser of the user to the Site, or to non-identifiable user information provided or collected.)
8. Access to and Ability to Correct Personal Information. Upon your request via postal mail, email, or telephone, HFMF will provide you with a summary of any personal information retained by HFMF that has been voluntarily provided by you to HFMF through online forms, registration forms, surveys, email, or another online avenue. You may modify, correct, change or update your personal information by contacting HFMF by email at hfmf@hfmf.org.
9. Right to Change Privacy Policy. HFMF reserves the right at any time to modify, alter or update this Privacy Policy. Your use of the Site following any changes means that you agree to follow and be bound by the Privacy Policy as changed. Any change to this Privacy Policy shall be effective as to any user who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Privacy Policy since their last visit.
TERMS AND CONDITIONS
By accessing, viewing, and/or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 13 years of age, you are not granted permission to use this Site and must exit immediately.
1. Informational Purposes Only. The information on this Site is for informational purposes only. Without limiting anything else in these Terms or otherwise, HFMF is not responsible for any errors or omissions in the Site or Site Materials, as defined in Section 3 of these Terms and Conditions.
2. Registration. In order to access certain content, services, products or benefits on the Site, you may be asked to register and create an account. As part of the registration process, you must click to agree to these Terms, and may then be asked to select a user name and password. You may also be required to provide HFMF with certain information about yourself including some types of personally identifying information such as your email and your address. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may terminate your account at any time by contacting us by email at hfmf@hfmf.org.
3. Proprietary Rights. As between you and HFMF, HFMF owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and HFMF, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to HFMF or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
4. Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with HFMF; (c) attempting to gain unauthorized access to HFMF’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; or (d) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. You may use the Site and the Site Materials consistently with Section 3 of these Terms. Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of HFMF is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to HFMF and that in the event of such unauthorized use, HFMF shall be entitled to an injunction in addition to any other remedies available at law or in equity.
5. Materials Submitted to the Site. Certain features of the Site may allow you to contribute comments, feedback, information, content, text, files, graphics, postings, and other materials and information for access, use, viewing and commentary by other users to the Site (“User Content”). By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of User Content or other material or information to HFMF, you grant HFMF a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
6. Third Party Web Site and Content. The Site is available for informational purposes only. The Site may contain links to other Internet web sites for the convenience of users in locating information, products, or services that may be of interest. Use of such third party links, the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. HFMF does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s web site is at your own risk, and subject to the terms and conditions of such other web site. HFMF does not endorse any product, service, or treatment provided on a third party web site or advertised or provided on the Site.
7. Privacy Policy. Any personal information that you provide to HFMF on the Site is subject to our Privacy Policy. For more information, click here to view the Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to HFMF via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name.
8. Disclaimer. HFMF is not responsible for and does not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services, links, advertisements or other items contained within the Site. HFMF reserves the right to immediately remove any Site Materials or User Content for any reason or for no reason. HFMF cannot and does not review all communications or products made available on or through the Site but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Materials, the Site or the products or services made available in connection with the Site, including information submitted in connection with the Site Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Materials or User Content and that you may not rely on such Site Materials or User Content.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. HFMF AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
9. LIMITATION of Liability. HFMF AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR HFMF HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF HFMF AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF HFMF AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site or with any of these Terms, or feel HFMF has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
10. Indemnification. You shall indemnify HFMF and its directors, officers, agents, contractors and licensors (“HFMF Indemnities”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to HFMF, or any breach by you of these Terms and shall indemnify and hold HFMF Indemnities harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of HFMF. HFMF or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If HFMF or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to HFMF, subject to the right of HFMF to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
11. Internet Security. HFMF uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. HFMF will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that HFMF shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to HFMF via the Site or the Internet, including, for example, personal information such as your name or address.
12. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify HFMF by email at hfmf@hfmf.org with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
13. Changes to these Terms; Termination. HFMF reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. HFMF may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing HFMF with untrue or inaccurate information about yourself, for infringement upon HFMF proprietary rights, or for any other reason whatsoever or for no reason.
14. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and HFMF with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Texas without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in Houston, Texas; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
15. Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, HFMF makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so of their own volition and are responsible for compliance with applicable laws. The waiver or failure of HFMF to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
