This Terms of Use Agreement (“Agreement”) is a contract between “You”, the User, and Health Futures Foundation, Inc. (“HFI”) and governs all transactions between You and HFI, as well as Your use of HFI’s website, www.healthfuturesfoundation.com (“Website”). By accessing the Website, You are agreeing to be bound by this Agreement whether or not You become a donor and participate in HFI program and services. If You wish to become a donor and/or participate in HFI program and services, You must read all of the terms and conditions in, and linked to, this Agreement (including the Privacy Policy).

Furthermore, by using the Website, You agree to be bound by this Agreement, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If You do not agree with any of these terms, You are prohibited from using or accessing this Website.

1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Agreement with respect to the Website. This Agreement constitutes the entire and only agreement between HFI and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, materials, programs and/or services provided by or through the Website, and the subject matter of this Agreement.

2. Amendment of Agreement

HFI reserve the right to amend this Agreement at any time without specific notice to You. The latest and up-to-date Agreement will be posted on the Website, and You, as the User should review this Agreement prior to using the Website. Your continued use of the Website after any such change constitutes Your acceptance of the new Terms of Use. If You do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Website. This Agreement applies to all visitors and users such as donors, volunteers, and job applicants.

3. Participating in HFI Programs and/or Services

HFI manages the Website, which among other things ascribes You and other donors as supporters of a particular program and/or service. By participating in HFI Programs and/or Services through this Website, You hereby acknowledge and agree that:

1. any charitable gift or “Donation” made through the Website is explicitly provided as an unrestricted gift and HFI makes no representation, warranty, covenant or guarantee that a Your Donation will be used for any particular geographic region, project, community, village, or person; and
2. without notice to You, some, part, or all of any Donation may be used for administrative, governance and program activities.

4. Payments

You represent and warrant that if You are donating to HFI through this Website that a) any credit information You supply is true and complete; b) charges incurred by You will be honored by Your credit card company; and c) You will pay the charges incurred by You at the posted prices. All donations made to HFI are tax-deductible.

5. Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Website, except as allowed by Section 5 (Use License) below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. Some of the content on the Website is the copyrighted work of third parties.

6. Trademarks

Health Futures Foundation, Inc. (HFI) and ALAGA KA (ALAy sa Ginhawa At KAlusugan) are our registered trademarks. Other product and company names mentioned on the Website may be trademarks of their respective owners.

7. Use License

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Website strictly in accordance with this Agreement; (b) to use the Website solely for internal, personal, and non-commercial purposes; (c) to print out discrete information from the Website solely for internal, personal, and non-commercial purposes; and (d) to store, distribute, or otherwise use for lawful, informational, non-commercial purposes relating to providing humanitarian relief and development programs provided that You maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Website or its contents may be used by You in any litigation or arbitration matter whatsoever under any circumstances.

8. Restrictions and Prohibitions on Use

Your license for access and use of the Website and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use.

1. You may NOT copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or any Content and Materials retrieved therefrom (except for the express limited purpose permitted by Section 6 above);
2. You may NOT use the Website or any Content and Materials obtained from the Website to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
3. You may NOT create compilations or derivative works of any Content and Materials from the Website;
4. You may NOT use any Content and Materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
5. You may NOT remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Website;
6. You may NOT make any portion of the Website available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
7. You may NOT remove, decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture;
8. You may NOT use any automatic or manual process to harvest information from the Website;
9. You may NOT use the Website for the purpose of gathering information for or transmitting
   1. Unsolicited commercial email;
   2. Email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and
   3. Unsolicited telephone calls or facsimile transmissions;
10. You may NOT use the Website in a manner that violates any country, state, or federal law regulating email, facsimile transmissions or telephone solicitations;
11. You may NOT export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws or regulations of the Philippines;
12. You may NOT use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
13. You may NOT attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website;
14. You may NOT take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
15. You may NOT upload invalid data, viruses, worms, or other software agents through the Website;
16. You may NOT use the Website for any commercial solicitation purposes;
17. You may NOT impersonate another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity;
18. You may NOT interfere with the proper working of the Website;
19. You may NOT access any content on the Website through any technology or means other than those provided or authorized by the Website;
20. You may NOT bypass the measures that HFI may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the Content and Materials therein.

HFI may, without prior notice, change the Website and stop providing the Website or features of the Websites, to You or to Users generally, or create usage limits for the Website. HFI may permanently or temporarily terminate or suspend Your access to the Site without notice and liability for any reason, including if in our sole determination You violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, You continue to be bound by this Agreement. You are solely responsible for Your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor disputes between You and other users. We shall have no liability for Your interactions with other Users, or for any user’s action or inaction.

9. Linking to the Website

You may provide links to the Website, provided a) that You do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Website; b) Your site does not engage in illegal or pornographic activities; and c) You discontinue providing links to the Website immediately upon request by HFI.

10. Third Party Content

Third party content may appear on the Website or may be accessible via links from the Website. HFI has not reviewed all of the third-party sites linked to its Website and is not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on any such linked site. Use of any such linked site is at the user’s own risk. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

11. Accuracy of Materials

Content and Materials appearing on the Website could include technical, typographical, or photographic errors. HFI does not warrant that any of the materials on its website are accurate, complete, or current. HFI may make changes to the Content and Materials contained on the Website at any time without notice. However, HFI does not make any commitment to update the Content and Materials.

12. Unlawful Activity

HFI reserve the right to investigate complaints or reported violations of this Agreement and to take any action HFI deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

13. Privacy Policy

HFI reserve the right, and You authorize HFI, to the use and assignment of all information regarding Website uses by You and all information provided by You in any manner consistent with the Website’s Privacy Policy. You must review this Privacy Policy by clicking on this link.

14. Disclaimer

Contents and Materials on the Website are provided on an ‘as is’ basis. Health Futures Foundation, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Furthermore, HFI does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

15. Indemnification

You agree to indemnify, defend, and hold HFI and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to Your violation of this Agreement or use of the Website, including any liabilities in connection with the country, state, or federal taxes.

16. Limitation of Liability

In no event shall HFI and any Affiliated Party be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Contents and Materials on the Website, even if HFI authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.

17. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Philippines and You irrevocably submit to the exclusive jurisdiction of the courts in the country or location.