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Privacy Policy and Terms of Use

HFTD.ORG IS NOT DESIGNED OR INTENDED FOR USE IN EMERGENCY SITUATIONS.
If you or a loved one requires emergency assistance or have questions regarding medical care, please Call 911 or visit an Urgent Care Center or Qualified Health Care Professional.


Website Privacy Policy

Welcome to our Privacy Policy.  We are a non-profit organization empowering the conversation in proactive suicide prevention and mental health education.  Hope For The Day®’s (“HFTD”) vision is to lead the global conversation on proactive prevention in order to create a cultural shift on how we support mental health in our communities.  The terms “we”, “our,” and “us” include HFTD.  This Privacy Policy is incorporated by reference into our Terms of Use (the “Terms”).  Any capitalized terms used and not defined in this Privacy Policy shall have the meaning given to them in the Terms.

The Privacy Policy explains how we collect, use, disclose, and secure Personal Information (defined below) we obtain about you through the HFTD website at https://www.hftd.org/ (the “Website”) as well as all other online and offline interactions with us, including email, text, and other electronic communications between you and HFTD (collectively, the “Services”).  

For purposes of this Privacy Policy, “Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, is reasonably capable of being associated with you, or could reasonably be linked, directly or indirectly, with you, such as: name, address, email address, or phone number. This Privacy Policy applies only to Personal Information collected on this Website or otherwise in connection with the Services.

Personal Information We Collect

  1. Information you provide to us directly.  We collect information that you provide directly to us through the Website or the Services.  We may collect some or all of the following types of information: (a) Contact information, such as your name, address, email address, and phone number; (b) Questions, communications, or feedback you submit to us; (c) Requests for customer support and technical assistance; (d) Any other information you provide.

    We may combine such information with additional information we receive from you outside of the Website, including information we receive through phone calls, video calls, or text messages.  You will always have the opportunity to review, correct, and/or delete your Personal Information at any time.

  2. Information we collect automatically. When you visit our Website or open our emails, we collect certain information by automated means, such as cookies, web beacons and web server logs.  By using the Website and Services, you consent to the placement of cookies, IP addresses, and other similar technology in your browser and on emails in accordance with this Privacy Policy.  

  3. Information from our affiliates and other third parties.    We may also collect information from you via our external interactions with you and other information that you provide to our affiliates and other third parties.  For example, we may collect information from you through online or in-person event registration, newsletter sign-up, when individuals make donations, and through pre- and post-surveys during our education series offered.

How HFTD Uses and Discloses Your Information

  1. Operate our business. We collect information primarily to accept donations, process online orders, complete our charitable programs, and provide you with information concerning our programs, projects, and activities. We also may utilize personal information to improve our website and digital outreach strategies. We may also inform users of other purposes at the time that we collect particular forms of information.  

  2. Analytics. We will collect non-personal information to be used to report specific data such as the efficacy of our programming.  We analyze the information for purposes of understanding financial growth of the organization and the total number of individuals involved on a local, national, and global basis. 

  3. Disclosure of your information. HFTD shares individual names and email addresses with third-party service providers, such as MailChimp, Classy, and Salesforce for the purpose of maintaining donor contact. We permit individuals who access the Website to share information through social networks, for example by utilizing “share” or “like” buttons for certain social media websites (e.g., Instagram, Twitter).  HFTD will not disclose any other nonpublic personal information, except as permitted by applicable law in order to comply with federal and/or state statutes and regulations, and government or court orders. HFTD may disclose or transfer information, including any Personal Information, to a successor entity (or potential buyer) in connection with a proposed or actual corporate merger, acquisition, consolidation, sale of assets, bankruptcy, or other corporate change. Additionally, we reserve the right to disclose to third parties non-personal information collected for any lawful purpose, including but not limited to, aggregate or de-identified data.

  4. Access to information. Within HFTD, only HFTD staff who require your Personal Information will have access to it in order to better connect you with mental health services. We do not trade, share, or sell Personal Information that you provide to us with other organizations who intend to use it only to market their products or services to you.

  5. Choice.  We respect your privacy and your inbox.  We allow users to unsubscribe from our newsletter and to inform us if, after the user donates, the user no longer wishes to be solicited in the future.  

Links To Third Party Websites

The Website may contain links to third party websites.  This Privacy Policy does not apply to the practices of other websites, and we are not responsible for the actions and privacy policies of the third parties that operate or interact with those other websites.

How HFTD Keeps Your Information Secure

HFTD takes a variety of reasonable security measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.  However, no method of data transmission over the Internet, and no means of electronic or physical storage, is absolutely secure.  As such, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Website or via the Internet and that any such transmission is at your own risk. We encourage you to use caution when using the Internet.  This includes not sharing your passwords. In addition to the strict protection features of our service providers, we internally regularly change platform passwords and purge inactive users from access to our data.  We have implemented appropriate digital, electronic, physical, and managerial procedures to safeguard and secure the information we collect.  We also consistently check and verify our systems to ensure they are consistent with representations regarding security.

If you have reason to believe that your interaction with us is no longer secure, please immediately notify us by contacting us at info@hftd.org.

Retention

Except to the extent prohibited by law, and subject to this Privacy Policy, we will retain and use your Personal Information for as long as it is needed to provide you with any services, communications, or access to this Website, to document our business relationship with you, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Your Rights

Depending on your jurisdiction, you may have certain rights regarding our collection, use, and sharing of your Personal Information. If you have any questions regarding these rights, please contact us at: 

Hope For The Day®
4252 N. Cicero Avenue
Chicago, Illinois 60641
info@hftd.org

Please note that we may request additional information to respond to or fulfill any requests regarding your rights under applicable laws or regulations.

You can always opt out of any subscription for emails, involving any updates, information, postings, news, and/or press releases, by clicking “Unsubscribe” at the bottom of the email. We might still send you some important emails, like responding to you by email if you send us a request or comment.

Cross Border Use of Information

We are based in Illinois and any information transmitted to us may be stored, accessed, or processed in Illinois, and more broadly within the United States. While the laws of Illinois and the United States may not offer the same protections as the laws of your home country, HFTD is committed to providing the protections provided for those within the European Union in compliance with the General Data Protection Regulation (“GDPR”).

Do Not Track

Do Not Track (“DNT”) is a privacy preference that users can set in their web browsers. When a user turns on DNT, the browser sends a message to websites requesting that they don’t track the user. At this time, HFTD does not track your or any other users’ Personal Information over time and across third party websites. We therefore do not respond to browser DNT signals. For information about DNT, visit www.allaboutdnt.org.

Third parties may collect Personal Information about your online activities over time and across different websites, including your use of this Website. This Privacy Policy does not apply to, and we are not responsible for, the practices of third parties that collect your Personal Information.

Children’s Privacy

The Website is not intended for children, and our Services are only intended for adults.  No one under age 13 may provide any Personal Information to the Website and we do not intend to collect Personal Information from children.  Parents or adults can use various readily available software programs or other methods to prevent children or minors from accessing the Website. If you believe we might have any information from or about an individual who is under the age limit or for an unintended applicant on our Website, such as a child, please contact us.

Changes To Our Privacy Policy And Practices

We may make changes to this Privacy Policy from time to time, and the revised version will be effective when it is posted.  If we make any material changes, we will let you know through the Website, by email, or other communication.  We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices.  As long as you use the Website or Services, you are agreeing to this Privacy Policy and any updates we make to it. 

Contact Information

Any comments or questions should be addressed to:

Hope For The Day®
4252 N. Cicero Avenue
Chicago, Illinois 60641
info@hftd.org

This Privacy Policy is effective as of the Effective Date: 7/15/2021


Website Terms of Use

At Hope For The Day® (“HFTD”) we empower the conversation in proactive suicide prevention and mental health education. HFTD’s vision is to lead the global conversation on proactive prevention in order to create a cultural shift on how we support mental health in our communities. We provide this website at https://www.hftd.org/ to provide you with more information about those services (the “Website”).  As a condition of using the Website, you must agree to these Terms of Use (the “Terms”), which are a legally binding contract between you and HFTD (hereinafter also referred to as “We” or “Us”), and that govern your use of the Website.

These Terms supersede and replace any prior terms or agreements concerning use of the Website. You accept these Terms through your use of the Website or by continuing to use the Website after being notified of a change to these Terms. In some cases, HFTD may ask you to affirmatively confirm your agreement to these Terms. Note that additional terms that are specific to a particular aspect of the Website may be set forth in connection with your use of a particular aspect of the Website, such as informed consent forms, if applicable, and such additional terms are hereby incorporated herein by reference.

The website is not designed or intended for use in emergency situations. emergencies and urgent questions should be directed immediately to qualified professionals (e.g., call 911 and/or visit an urgent care center).

These Terms provide that all disputes between you and HFTD with respect to your use of the Website will be resolved by Binding Arbitration, to the fullest extent permitted under applicable law. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court, to the fullest extent permitted under applicable law. Your rights will be determined by a Neutral Arbitrator and not a judge or jury, and your claims cannot be brought as a class action, to the fullest extent permitted under applicable law. Please review Section 15 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with HFTD.

  1. The Website Overview. The Website is intended only for your personal use to learn more about HFTD’s services. You may not access or use the Website for any other purpose. You are solely responsible for any information, images, videos, or other content or materials you upload to or transmit through the Website (“Communications Data”), including but not limited to any email communications.

  2. Revisions to Terms; Revisions to the Website. HFTD may revise these Terms from time to time upon reasonable notice posted on the home page of HFTD’s website. You may be required to agree to revised Terms as a condition of continued use of a particular service or any aspect of the Website, and in any event your continued use of the Website after the effective date of any revised Terms shall confirm your agreement to be bound by such Terms. HFTD reserves the right to reconfigure or discontinue features or functionality or any other aspect of the Website at any time, temporarily or permanently, with or without notice, for any reason or no reason at all, with no liability to you.

    To the fullest extent permitted under applicable law, we will have no liability whatsoever on account of any change to the Website or any suspension or termination of your access to or use of the Website.

  3. Prohibited Conduct. You are responsible for the content and consequences of what you submit or post to the Website. HFTD has the right to remove content in violation of any of the acts described in this Section 3. By using the website you agree not to, directly or indirectly, and may not permit any other person to:

    • Conduct activities that may be harmful to others or that could damage HFTD’s reputation;

    • Violate or infringe, or encourage others to violate or infringe, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or violating any third party privacy right; 

    • Harvest or collect Personal Information (as defined in our Privacy Policy) about any other individual who uses this Website;

    • Post, upload, or distribute marketing or advertising links or content, or any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

    • Interfere with security-related features of the Website, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Website, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction; 

    • Interfere with the operation of the Website or any user’s enjoyment of the Website, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Website; (iii) attempting to collect personal information, content, Communications Data, or other information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Website, or violating any regulation, policy, or procedure of any such network, equipment, or server; 

    • Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or accreditation, accessing any other Service without permission, or falsifying your information; 

    • Modify, translate, or create derivative works, adaptations or compilations of, or based on, the Website or part thereof, or use, copy or reproduce the Website or any part thereof other than as expressly permitted in these Terms;

    • Attempt to do any of the acts described in this Section 3, or assist or permit any person in engaging in any of the acts described in this Section

  4. Third-Party Services and Linked Websites. Websites and services provided by third parties are not under our control, and we are not responsible for any third party services. The Website may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for them or their content.

  5. Privacy Policy. Please read the HFTD Website Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your Personal Information (as defined in the Privacy Policy). The HFTD Privacy Policy is incorporated by this reference into, and made a part of, these Terms. By accepting these Terms you are also accepting the terms of the Privacy Policy, and you thereby consent to the collection, hosting, use, disclosure and other processing or handling of your Personal Information (including sharing certain data) as described in the HFTD Privacy Policy.

  6. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will notify you of the modified Terms by email to the address you provided in your user profile and/or in a notification in the Website or on our website. Material modifications will be effective upon your acceptance of such modified Terms or upon your continued use of the Website after we send or post our notification of the changes, whichever is earlier. Other modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

  7. Ownership; Proprietary Rights. The Website is owned and operated by HFTD. The trademarks and products available on the Website (the “Materials”) provided by HFTD on the Website are protected by intellectual property and other laws where applicable. All Materials included in the Website are the property of HFTD or our third-party licensors. Except as expressly authorized by HFTD, you may not make use of the Materials. HFTD reserves all rights to the Materials not granted expressly in these Terms.

  8. Subcontractors. You hereby consent to HFTD’s engagement of third parties to perform, provide, or support the performance or provision of, all or any portion of the Website, such as payment processing.

  9. Feedback. If you choose to contact HFTD or provide input or suggestions regarding your experience with the Website (“Feedback”), then you hereby grant HFTD an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to utilize such Feedback in any manner and for any purpose, including to improve the Website and create other products and services.

  10. Indemnification. To the extent permissible by applicable law, you agree to indemnify and hold harmless HFTD and its licensors and service providers, and all of its respective officers, directors, agents, and representatives, from and against any claim, suit, action, or loss (including reasonable attorneys’ fees) arising from or related to (a) any content posted or generated by you (including any claim concerning the use or disclosure of such content); (b) your use of the Website; (c) your violation of these Terms, unless such claim, suit, action, or loss arises from the gross negligence or intentional misconduct of HFTD; (d) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (e) any dispute or issue between you and any third party; and (f) fraud, intentional misconduct, criminal acts, gross negligence, or negligence committed by you. To the fullest extent permitted under applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim. To the extent permissible by applicable law and approved by the applicable court, if such approval is required, such indemnification shall be treated as an administrative expense of the estate.

  11. Disclaimers; No Warranties. The website and all HFTD materials and content available through the website are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. HFTD disclaims, and you hereby expressly waive, all warranties of any kind, whether express, implied, or statutory, relating to the website and all HFTD materials and content available through the website, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; (b) any warranty arising out of course of dealing, usage, or trade; and (c) any warranty as to whether the information available through or transmitted by the website is true, complete or accurate. HFTD does not warrant that the website or any portion of the website, or any HFTD materials or content offered through the website, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected.

    No advice or information, whether oral or written, obtained by you from HFTD or any HFTD materials or content available through the website will create any warranty regarding HFTD or the website that is not expressly stated in these terms. you assume all risk for any harm or damage that may result to you from your use of or access to the website, your dealing with any other service user, and any HFTD materials or content available through the website. you understand and agree that you use the website, and use, access, download, or otherwise obtain HFTD materials or content through the website and any associated sites or services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the website), or the loss of data that results from the use of the website or the download or use of that HFTD materials or content.

    The above paragraphs apply to the fullest extent permitted under applicable law. some jurisdictions may prohibit a disclaimer of warranties, in particular a disclaimer of warranties provided or implied by law, and you may have other rights that vary from jurisdiction to jurisdiction.

    HFTD makes no representations or warranties regarding the accuracy, completeness, reliability or timeliness of any data provided by you or third parties, or of any content generated by the data stored by you through the Website.  In particular, HFTD makes no representations or warranties that any information based on such data will be in compliance with government regulations requiring disclosure of information.

  12. Limitation of Liability. To the extent permitted by law: (a) hftd, and its licensors and service providers, and all of its respective officers, directors, agents, representatives, shareholders, members, employees, partners, successors, and assigns, disclaim all express and implied warranties and, in addition, shall not be liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages arising under these terms or associated with your use of the website, or your inability to use, or with respect to any hftd materials, including but not limited to damages for loss of revenue, profits, goodwill, or use of data, lack or loss of data, or other intangible losses, whether the claim for such damages is based on warranty, contract, tort (including negligence or strict liability) or otherwise (even if hftd or its applicable licensor(s) or service provider(s) has been advised of or should have been aware of the possibility of such damages), and (b) hftd’s maximum aggregate liability of any kind arising under or relating to these terms, the website, any inability to use any portion of the website, or hftd materials shall be one hundred dollars ($100.00). the foregoing limitations shall apply to all causes of action, whether arising from breach of contract, breach of warranty, negligence or other tort, or any other legal theory; moreover, these limitations will apply notwithstanding a failure of essential purpose of any limited remedy.

    Nothing in these terms is intended to exclude or limit any condition, warranty, right, or liability in a manner that is not permissible under applicable law. some jurisdictions do not permit the exclusion of certain warranties or conditions, the exclusion of incidental or consequential damages, or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract, or breach of implied terms. accordingly, only the above limitations which are lawful in your jurisdiction will apply to you, and the liability of HFTD and its licensors and service providers will be limited to the maximum extent permitted by law.

    Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. this allocation is an essential element of the basis of the bargain between the parties. each of these provisions is severable and independent of all other provisions of these terms. the limitations in this section will apply even if any limited remedy fails of its essential purpose.

  13. Assignment. You may not assign, transfer or sublicense any obligations or benefits under these Terms without the prior written consent of HFTD. We may assign these Terms at any time without notice or consent. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

  14. Miscellaneous. These Terms are the complete and exclusive statement of the agreement with respect to the subject matter hereof and supersede all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto. The failure of HFTD to require performance of any provision of these Terms in no manner shall affect its right at a later time to enforce the same. No waiver by HFTD of any breach of the terms of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any other such breach, or a waiver of any other breach of such terms.

    If any provision of these Terms shall to any extent be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms shall in no way be affected or impaired thereby and each such provision of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein. The section headings in these Terms are for convenience only and shall have no legal or contractual effect.

    All notifications to the HFTD under these Terms should be sent via email and mail to:

    Hope For The Day®

    4252 N. Cicero Avenue

    Chicago, Illinois 60641

    info@hftd.org

  15. Dispute Resolution and Arbitration.

    • Generally. In the interest of resolving disputes between you and HFTD in the most expedient and cost effective manner, you and HFTD agree that every dispute arising in connection with these Terms will be resolved by binding arbitration, to the fullest extent permitted under applicable law. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You understand and agree that, by entering into these terms, you and HFTD are each waiving the right to a trial by jury or to participate in a class action, to the fullest extent permitted under applicable law. 

    • Exceptions. Despite the provisions of Section 15(a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

    • Arbitrator. To the fullest extent permitted under applicable law, any arbitration between you and HFTD will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting HFTD.

    • Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). HFTD’s address for Notice is: 4252 N. Cicero Avenue, Chicago, IL 60641. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or HFTD may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or HFTD must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

    • No Class Actions. To the fullest extent permitted under applicable law, you and HFTD agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and HFTD agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

    • Modifications to this Arbitration Provision. If HFTD makes any future change to this arbitration provision, other than a change to HFTD’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to HFTD’s address for Notice.

    • Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new users, the Opt-Out Notice must be postmarked no later than 30 days after the date you use the Website for the first time. You must mail the Opt-Out Notice Hope For The Day, 4252 N. Cicero Avenue, Chicago, Illinois 60641. The Opt-Out Notice must state that you do not agree to the arbitration agreement and must include your name, address, phone number, and the email address(es) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the arbitration agreement. If you opt out of the arbitration agreement, HFTD will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. HFTD users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, HFTD will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.

    • Enforceability. If any part of Section 15(e) is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 (except this Section 15(h)) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms.

  16. Claims. To the fullest extent permitted under applicable law, no action arising out of, in connection with, or relating to these Terms shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph, to the fullest extent permitted under applicable law.

  17. Consent to Electronic Communications. By using the Website, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. By providing your mobile number to us, you consent to receiving text messages at that number for notifications and other purposes related to the Website. In addition to any fees HFTD may charge for use of text or multimedia messaging with the Website, your carrier may charge standard messaging, data, and other fees, and you are responsible for those charges. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of text messages, as that is outside our control and is the responsibility of the cellular telephone operator or other networks. Notwithstanding the foregoing, we will use your mobile number in accordance with our Privacy Policy.

    Contact Information. The Website is offered by Hope For The Day. You may contact us by emailing us at info@hftd.org, or writing to us at:

    Hope For The Day®

    4252 N. Cicero Avenue

    Chicago, Illinois 60641

Effective Date: 7/15/2021