Terms of Services

The following terms and conditions govern all use of the Search4hope.org website and all content, services, and products available at or through the website.  The website is owned and operated by South East Asia Rescue Coalition & Haven, Inc. (“SEARCH”).  The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, SEARCH’s Privacy Policy), and procedures that may be published from time to time on this Site by SEARCH (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the website.  By accessing or using any part of the website, you agree to become bound by the terms and conditions of this Agreement.  If you do not agree to all the terms and conditions of this Agreement, you may not access the website or use any services.  If SEARCH considers these terms and conditions an offer, acceptance is expressly limited to these terms.  The website is available only to individuals at least 13 years old.

  1. Responsibility of Contributors.  If you contribute to the blog, comment on the blog, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available on the website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that content.  That is the case regardless of whether the content is text, graphics, an audio file, or computer software.  By making content available, you represent and warrant that:
    • the downloading, copying, and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
    • you have fully complied with any third-party licenses relating to the content and have done all things necessary to pass through to end users any required terms successfully;
    • the content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
    • the content is not spam, is not machine- or randomly generated and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
    • the name of your blog is not in a manner that misleads your readers into thinking that you are another person or company.  For example, your blog’s URL or name is not the name of a person other than yourself or a company other than your own, and
    • in the case of content that includes computer code, you have accurately categorized or described the materials’ type, nature, uses, and effects, whether requested by SEARCH or otherwise.
    • Submitting Content to SEARCH for inclusion on the website grants SEARCH a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the content solely to display, distribute, and promote your content.  If you delete content, SEARCH will make reasonable efforts to remove it from the website.  However, you acknowledge that caching or references to the content may not be made immediately unavailable.
    • Without limiting any of those representations or warranties, SEARCH has the right (though not the obligation) to, in SEARCH’s sole discretion, (i) refuse or remove any content that, in SEARCH’s reasonable opinion, violates any Top Nonprofit policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in Top Nonprofit’s sole discretion.  SEARCH will not be obligated to refund any amounts previously paid.
  1. Responsibility of Website Visitors.  SEARCH has not reviewed, and cannot review, all of the material, including computer software, posted to the website and cannot, therefore, be responsible for that material’s content, use, or effects.  By operating the Website, SEARCH does not represent or imply that it endorses the material posted or that it believes such material to be accurate, sound, or non-harmful.  You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.  The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.  The website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated.  SEARCH disclaims any responsibility for harm from visitors’ website use, including downloading content. 
  2. Content Posted on Other Websites.  We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Search4hope.org links and that link to Search4hope.org. SEARCH has no control over these websites and webpages and is not responsible for their contents or use.  By linking to a non-SEARCH website or webpage, SEARCH does not represent or imply that it endorses such website or webpage.  You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.  SEARCH disclaims any responsibility for any harm resulting from your use of non-SEARCH websites and web pages.
  3. Copyright Infringement and DMCA Policy.  As SEARCH asks others to respect its intellectual property rights, it respects the intellectual property rights of others.  If you believe that material located on or linked to by Search4hope.org violates your copyright, you are encouraged to notify SEARCH.  SEARCH will respond to all such notices, including as required or appropriate, by removing the infringing material or by disabling all links to the infringing material.  SEARCH will terminate a visitor’s access to and use of the website if, under appropriate circumstances, SEARCH determines the visitor is a repeat infringer of the copyrights or other intellectual property rights of SEARCH or others.  In the case of such termination, SEARCH will have no obligation to provide a refund of any amounts previously paid to SEARCH.
  4. Intellectual Property.  This Agreement does not transfer from SEARCH to you any SEARCH or third-party intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with SEARCH.  SEARCH, Search4hope.org, the Search4hope.org logo, and all other trademarks, service marks, graphics, and logos used in connection with the website are trademarks or registered trademarks of SEARCH.  Other trademarks, service marks, graphics, and logos used with the website may be the trademarks of other third parties.  Your use of the website grants you no right or license to reproduce or otherwise use any SEARCH or third-party trademarks.
  5. SEARCH reserves the right, at its sole discretion, to modify or replace any part of this Agreement.  It is your responsibility to check this Agreement periodically for changes.  Your continued use of or access to the website after posting any changes to this Agreement constitutes acceptance of those changes.  SEARCH may also, in the future, offer new services and features through the website (including the release of new tools and resources).  Such new features and services shall be subject to the terms and conditions of this Agreement.
  6. SEARCH may terminate your access to all or any part of the website immediately, with or without cause, with or without notice.  If you wish to terminate this Agreement or your Search4hope.org account (if you have one), you may discontinue using the website.  Top Nonprofits can terminate the website immediately as part of a general shutdown of our service.  All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  7. Disclaimer of Warranties.  The website is available “as is”.  As a result, SEARCH and its suppliers and licensors disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement.  Neither SEARCH nor its suppliers and licensors make any warranty that the website will be error-free, or that access to it will be continuous or uninterrupted.  You understand that you download from, or otherwise obtain content or services through, the website at your discretion and risk.
  8. Limitation of Liability.  In no event will SEARCH, or its suppliers or licensors, be liable concerning any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SEARCH under this Agreement during the twelve (12) month period before the cause of action.  SEARCH shall have no liability for any failure or delay due to matters beyond their reasonable control.  The preceding shall not apply to the extent prohibited by applicable law.
  9. General Representation and Warranty.  You represent and warrant that (i) your use of the website will be in strict accordance with the SEARCH’ Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.
  10. You agree to indemnify and hold harmless SEARCH, its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this Agreement.
  11. This Agreement constitutes the entire Agreement between SEARCH and you concerning the subject matter hereof, and modification may only be by a written amendment signed by an authorized SEARCH executive or by the posting by SEARCH of a revised version.  Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Contra Costa County, California.  Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (Presented in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled per the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed per such Rules.  The arbitration shall take place in Walnut Creek, California, in the United States English language, and the arbitral decision may be enforceable in any court.  In any action or proceeding to enforce this Agreement, the prevailing party shall be entitled to costs and attorneys’ fees.  Suppose any part of this Agreement is held invalid or unenforceable.  In that case, that part reflects the parties’ original intent, and the remaining portions will remain in full force and effect.  A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.  You may assign your rights under this Agreement to any party that consents to and agrees to be bound by its terms and conditions; SEARCH may assign its rights under this Agreement without condition.  This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Change log:

Change 1: Apr 28, 2024

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