Terms of Use

Last updated: October 16, 2023

Please read these Terms of Use and End-User License Agreement (collectively “Terms of Use”) carefully before using the HopeHub mobile application (hereinafter the “App”) operated by New River Valley Community Services, including its affiliates, subsidiaries, licensees and licensors, officers and directors, employees, partners, agents, and suppliers, (collectively “NRVCS” or “us”, “we”, or “our”) on any mobile phone, tablet, console, public kiosk, or other device (“Device”). Your access to and use of the App is conditioned upon your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who wish to access or use the App. By accessing or using the App you agree to be bound by these Terms of Use. If you disagree with any part of the Terms of Use then you do not have permission to access the App.

Use of the HopeHub Mobile Application

Your use of the App is subject to all applicable laws and regulations. You may use the information, services, features, or functionality that you see, hear or otherwise experience on the App (“Content”) solely for your personal, non-commercial purposes and to learn about our App. By your use of the App, no right, title or interest in any Content is conveyed to you.

You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the App, except as expressly permitted by these Terms of Use or the App.

We reserve the right to modify the App, the look and feel of the App, and the Content on the App without prior notice to you.

You understand and agree that temporary interruptions of the Content available through the App may occur as normal events.

Privacy Policy

Use of the App is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference and are available for review at the following link: https://www.nrvcs.org/privacy_policy/. Please refer to our Privacy Policy about information we may collect from you and how we use that information.

End-User License Agreement

Subject to your compliance with these Terms of Use, NRVCS grants you a limited, nonexclusive, nontransferable, non-sublicenseable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal non-commercial purposes. This license governs any content, materials, or services accessible from the App.

Except as expressly permitted in these Terms of Use or under applicable law, you may not: (a) copy, modify, or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c) reverse engineer, decompile, or disassemble the App; or (d) make the functionality of the App available to multiple users through any means.

NRVCS reserves all rights in and to the App not expressly granted to you under these Terms of Use.

Intellectual Property Rights and Protections

The App and its original Content, features, or functionality are and will remain the exclusive property of NRVCS. The App, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright and trademark laws, as well as other state, national, and international laws and regulations. Unlawful copying or use of the intellectual property contained in the App and intellectual property rights owned or licensed by NRVCS will be considered infringement.

Third-Party Websites or Services

The App may contain links to third-party web sites or services that are not owned or controlled by NRVCS. We do not verify, warrant, endorse, or take responsibility for the availability, accuracy, completeness or quality of the content, privacy policies, or practices of any third-party web sites or services.

You acknowledge and agree that NRVCS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

NRVCS strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

You further understand and agree that NRVCS has no control over third-party networks you may access in the course of the use of the App, and therefore, delays and disruption of other network transmissions are completely beyond our control.

Account Termination

NRVCS may terminate or involuntarily suspend your access to the App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation. If you breach these Terms of Use, we may take action against you, including, but not limited to, suspending or terminating your account. You acknowledge that we have no obligation to, and will not, reimburse or refund you for any losses due to involuntary suspension or termination of your account.

All provisions of these Terms of Use that by their nature should and do survive involuntary suspension or termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and indemnification.

Changes to Terms of Use

NRVCS reserves the right, at our sole discretion, to modify or replace these Terms of Use at any time, after providing notice to you. If we modify or replace these Terms of Use, NRVCS will provide at least 15 days’ notice prior to any modified or replaced terms of use taking effect by posting the modified or replaced terms of use in the App in the same manner as these Terms of Use were presented to you for your assent prior to your initial use of the App. If you disagree with any part of any modified or replaced terms of use, then you do not have permission to continued access to the App.

Disclaimer of Warranties

The App is provided on an “AS IS” and “AS AVAILABLE” basis. To the extent permitted by applicable law, the App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, or course of performance.

Your use of the App is AT YOUR SOLE RISK. You assume all risks relating to your online or offline communications and interactions with other users of the App and with other persons or third-party web sites or services not owned or controlled by NRVCS with whom you communicate or interact as a result of your use of the App.

You understand that NRVCS DOES NOT screen or inquire into the background of any users of the App or other persons or third-party web sites or services not owned or controlled by NRVCS with whom you communicate or interact as a result of your use of the App.

NRVCS MAKES NO REPRESENTATION OR WARRANTIES as to the conduct of the users of the App or the conduct of other persons or third-party web sites or services not owned or controlled by NRVCS with whom you communicate or interact as a result of your use of the App.

You agree to take reasonable precautions in all communications and interactions with other users of the App and with other persons or third-party web sites or services not owned or controlled by NRVCS with whom you communicate or interact as a result of your use of the App.

NRVCS DOES NOT WARRANT that a) the App will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the App is free of viruses or other harmful components; or d) the results of using the App will meet your requirements.

Limitation of Liability

To the extent permitted by law, in no event shall NRVCS be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use (including Devices), goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of another user of the App; (iii) any conduct or content of any third-party web sites or services not owned or controlled by NRVCS on the App; (iv) any content obtained from the App; and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disputes Resolution by Arbitration

You agree that any disputes between NRVCS and you arising out of the App, the Content, or these Terms of Use shall be resolved by binding, individual arbitration in Virginia, United States, utilizing the dispute resolution procedures of the American Arbitration Association (AAA).

Indemnification

You agree to indemnify, defend and hold harmless NRVCS from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, attorney’s fees, resulting from or arising out of your use of the App or Content or in breach of these Terms of Use.

Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of Virginia, United States, without regard to conflict of law provisions. To the extent allowed under these Terms of Use, you agree to the exclusive jurisdiction of and venue in the state and federal courts located in the Western District of Virginia.

Entire Agreement

These Terms of Use constitute the entire and exclusive agreement between NRVCS and you regarding our App and Content, and these Terms of Use supersede and replace any prior agreements we might have had between us regarding the App and Content.

Severability

If any right or provision of these Terms of Use is held to be invalid or unenforceable by a dispute resolution tribunal or court, the remaining provisions of these Terms of Use will remain in full force and effect.

Waiver

NRVCS’s failure to enforce any rights or provisions of these Terms of Use will not be considered a waiver of any such rights or provisions. The waiver of any such rights or provisions will be effective only if in writing and signed by a duly authorized representative of NRVCS.

Contact Us

If you have any questions about the Terms of the Use, please contact: info@nrvcs.org.