Privacy policy & terms of use

Terms of Use

Welcome to the The Hats on to Kids website. These Terms of Use and Conditions (“Terms”) govern your use of the Hats on to Kids (“our”) website. Please read the Terms in full before using our website. By accepting these Terms, or by using our website, you agree to be legally bound by these Terms, our Privacy Policy, and any other underlying agreements or terms. If you do not agree to these Terms, please do not use our website. We reserve the right to modify these Terms at any time without prior notice, and your use of the website binds you to the changes made. We do occasionally update these Terms, so please refer to them in the future.

Access to Website

You will be able to access our website without having to register any details with us.

Use of Website

Our website, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions, and all other material provided and the collection and compilation and assembly thereof are the exclusive property of Hats on to Kids, and are protected by U.S. and international copyright laws. Hats on to Kids owns and holds all of the intellectual property rights used on or associated with the website, including, but not limited to, copyrights, trademarks, trade names, and rights of publicity, in, to, and associated with, all other information and content contained on the website.

The contents of our website may be used for informational purposes only. These Terms permit you to use the website for your personal, non-commercial use only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display, or performance

of the contents without our prior written consent is expressly forbidden. However:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this website for commercial profit or gain. Nothing in these Terms or on the website shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on this website.

As a condition of your use of the website, you will not use the website, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our website is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the website contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the website, or any contents or services. You may not attempt to gain access to any portion of the website, or any of its contents or services, other than those for which you are authorized.

While every effort is made for the timeliness and accuracy of the website content and services, we make no warranties, either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness, or usefulness of any of the results obtained from its use.

We make no representation or warranty, express or implied, with respect to the content of the website, or links to other websites, including but not limited

to accurateness, completeness, correctness, timeliness, or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this website, or the results to be obtained from using the website. We make no representation or warranty that the website or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.

While every effort is made so that all content provided on the website does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the website. While every effort is made for smooth and continuous operation, we do not warrant the website will operate error free.

By submitting a telephone number to Hats on to Kids, you agree that a representative of Hats on to Kids can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our products and/or services.

Website Uptime

We take all reasonable steps so that our website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this website is unavailable at any time.

Our website may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.

User Conduct

When using our website, you shall not post or send to or from the website: (a) content for which you have not obtained all necessary consents;

(b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy; that may cause annoyance or inconvenience to others; that encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our website is being used;

(c) content that is harmful in nature, including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our website in breach of this section.

You shall not use our website while distracted or preoccupied, such as when operating a motor vehicle. You should access our website only with due regard for your own safety and the safety of others.

Links to and from Third-Party Websites Any links furnished on our website may allow you to leave our website. These third-party websites are not under our control, and we disclaim any responsibility for the contents of such linked website(s) or any link(s) contained in any such linked website(s) or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third-party website or advertising. We provide these links to you as a convenience to you, and inclusion of any link herein shall in no way be construed as an endorsement by us of the website(s).

If you would like to link to our website, you may only do so on the basis that you link to, but do not replicate, any page of our website, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

(b) you do not misrepresent your relationship with us or present any false information about us;

(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person, or does not comply in any way with the law of the United States of America.

If you choose to link to our website in breach of this section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimers

All information on our website is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our website. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the website or reliance on the information from either.

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED,

REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, INCLUDING TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

HATS ON TO KIDS DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM OUR WEBSITE.

Limitation of Liability

YOUR USE OF OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE

WEBSITE, THE INFORMATION, OR PRODUCTS PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the website or your violation of these Terms or your violation of any third-party right, including without limitation any trademark, copyright, or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Applicable Law

We make no representations that the content or the website is appropriate or may be used or downloaded outside the United States. Access to the website and/or the content may not be legal in certain countries outside the United States. If you access the website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the website.

Our website is created and controlled by the State of Ohio, United States of America. The website and its contents, and any disputes arising therefrom, shall be construed and interpreted under the laws of the State of Ohio and applicable United States federal laws. Use of our website constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.

General

These Terms, together with the Privacy Policy, other terms or legal notices published by us on the website, and any other applicable agreements, shall

constitute the entire agreement between us concerning use of the website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Privacy Policy

Thank you for visiting the Hats on to Kids Web Site (this “Site”).

Your privacy is important to us so Hats on to Kids (“HOTK”, “us”, “our”, or “we”), has created this Privacy Policy to inform you of the information collection practices for this Site, including what type of information is gathered, how the information is used, and with whom the information is shared. Please carefully read this Privacy Policy and revisit it from time to time as it may periodically be revised. Your use of this Site means that you understand and accept the terms of this Privacy Policy, including any revisions of these terms. If we materially alter our Privacy Policy, we will notify you of such changes by posting a notice on our Site. By using our Site, you are accepting the practices described in this Privacy Policy. If you do not accept these terms, or any updated terms, you may not use this Site.

Information that we Collect

In order to deliver personalized and relevant information to you through our Site, we collect certain information from our Site users. In general, you can visit this Site without identifying yourself or revealing any personally identifiable information. There are times, however, that you may choose to give us personally identifiable information, such as your name, address, phone number, e-mail address, and other information about yourself. For example, we provide you with the opportunity to e-mail us questions or comments about this Site and Hats on to Kids.

In addition, and in keeping with other websites, we use log files and cookies to save details such as a visitor’s IP address, browser type, referring page, time of visit, and other visitor preferences. See more information on “How We Use Cookies” below.

From time to time you may also provide us with non-personally identifiable material, including information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications which you transmit to this Site in any manner (“User Communications”). Such User Communications will be considered non-confidential and non-proprietary. Please note that our terms of use for this Site prohibit you from transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, offensive, pornographic, or other material that would violate any law or damage the reputation of Hats on to Kids. Hats on to Kids will have no liability related to the content of any User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Our Use of Your Information

We only use the personally identifiable information which is provided by you through this Site to help us improve the charitable mission of Hats on to Kids to provide you with the information or answer you have requested, to improve the Site and the user experience, and for other internal purposes. In contrast, Hats on to Kids, each of its affiliates and/or their designees may use User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, and/or marketing in any manner whatsoever for any or all third-party service providers, who provide data analytics services through our Site, do not necessarily respond to do-not-track requests. The third-party service providers that we use include, but are not limited to, Google Analytics, Facebook, and Instagram; these third parties do not necessarily respond to your do-not-track requests. However, these third-party service providers do use cookies to collect standard internet log information and Site user behavior information. The information generated by the cookie about your use of our Site (including your IP address and geo-location) is transmitted to these

service providers. This information is then used by the Third-Party Access to Your Personally Identifiable Information

Hats on to Kids will not sell, rent, or lease your personally identifiable information to others. Unless we have your permission, we will only share the personally identifiable information you provide online with other Hats on to Kids entities and/or business partners who are acting on our behalf for the uses described in this Privacy Policy; provided, however, we will cooperate fully should a situation arise where we are required by law or requested by a law enforcement agency to provide information about a user of this Site. We may also disclose your information where we sell any or all of our business and/or assets, whether through bankruptcy, or other sale or merger. All Hats on to Kids entities and/or business partners having access to your personally identifiable information are subject to this Privacy Policy with respect to the use of your personally identifiable information.

Information Security and Quality

Hats on to Kids uses commercially reasonable security measures to protect our Site’s user’s information. Nonetheless, the transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically on our Site, and transmission of such data is therefore entirely at your own risk.

Links to Other Web Sites

From time to time, this Site may contain links to other web sites. If you use these links, you will leave this Site. The privacy policies of such other web sites govern the information collection and dissemination practices occurring on such web sites. We encourage you to read and understand those web sites’ policies prior to using those web sites. Neither Hats on to Kids nor its affiliates are responsible for the privacy practices or the content of such web sites.

Users Only of Legal Age of Majority

Our Site is designed and intended for those who have reached the age of majority (18 years of age). By using our Site, you affirm that you are at least 18 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of age.

No one under age 13 is authorized to submit or post any information, including personally identifying information, on our Site. Under no circumstances may

anyone under age 13 use our Site. Parents or legal guardians of children under 13 cannot agree to these terms on their behalf.

Questions and/or Complaints Concerning this Privacy Policy

Questions or complaints regarding this Privacy Policy should be directed to Hats on to Kids by e-mail at hello@hatsontokids.org.