Effective June 2020
These Terms of Service (the “Agreement”) sets forth the legally binding terms and conditions for your use of the Plan, Navigate and Manage Services (collectively, the “Services”) offered by or through Hope Portal Services, Inc. d/b/a Hope Trust (hereinafter “Hope Trust”). By using the Services, you signify your assent to this Agreement and to Hope Trust’s Notice of Privacy Practices (available at http://www.hopetrust.com/TermsSectionrivacy, which are incorporated into and made part of this Agreement by reference. In the event of any conflict between this Agreement and the Notice of Privacy Practices, this Agreement shall govern with respect to the Services. If you are using the Manage Services, the Services will also be subject to the Trust Services Agreement between you and Hope Trust, and in the event of a conflict between this Agreement and the Trust Services Agreement, the Trust Services Agreement shall govern with respect to the matters addressed therein. You are only authorized to use the Services if you agree to abide by all applicable laws and assent to this Agreement and the Notice of Privacy Practices.
The Services provided by Hope Trust and its affilates are care planning, care coordination services and trust and trust related services only, and vary depending on the applicable service tier. The Services are not a substitute for professional medical or mental health advice, consultation, diagnosis, or treatment, and Hope Trust is not engaged in the practice of medicine nor providing medical opinions. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your medical or mental health condition or any recommendations you receive for professional advice. Never disregard professional medical or mental health advice or delay in seeking it because of something you have read on the Services. Although the Services may assist in providing information, whether directly or through any emergency services features of the Services, we cannot guarantee the availability of such features, and the features should not be relied upon to provide crisis or emergency response. If you think you may have a medical or mental health emergency, call 911, EMS or your doctor immediately!
You acknowledge and agree that the Services are being provided to an at-risk population and that it is not possible for the Services to address any or all contingencies required to meet the needs of such populations, and that Hope Trust hereby disclaims, to the fullest extent permitted by law, all liability with respect to the provision of Services to at-risk persons.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
The Services include an automated software solution for individuals to create a Life Care Plan and/or Special Needs Trust. The Services include general information on commonly encountered legal issues and tax considerations related to the creation of Life Care Plans and Special Needs Trusts. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal or tax advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Hope Trust is not a law firm and does not provide legal or tax advice. Hope Trust, its Services, and any output of the Services are not a substitute for the advice or services of an attorney or financial or tax advisor. All output from the Services must be reviewed by a licensed attorney or your financial or tax advisor. Hope Trust strives to keep its software accurate, current and up-to-date. However, because the law changes rapidly, Hope Trust cannot guarantee that all of the information within the Services is current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal assistance tool like the kind Hope Trust provides can fit every circumstance. Furthermore, the legal information contained in the Services is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area. The Services are not intended to create any attorney-client relationship, and your use of the Services does not and will not create an attorney-client relationship between you and Hope Trust. Instead, you are and will be representing yourself in any legal matter you undertake through use of the Services. Access to the Services may also provide you with access to certain financial management or planning tools. These tools provide information based on historic data and cannot guarantee future results. The contents of the Services, such as text, graphics, images, information obtained from Hope Trust’s licensors, APIs, User Content (as defined herein), tools, applications, code and other material contained on the Services (the “Content”) are for informational purposes only and remain the property of Hope Trust and its licensors. Hope Trust does not recommend or endorse any specific services, products, or other information that may be displayed on or provided through the Services. Reliance on the Services, Hope Trust employees, others appearing on the Services at the invitation of Hope Trust, or other users of the Services is solely at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of the Services, including any reliance on the accuracy, quality, timeliness, completeness, or usefulness of the Services. Hope Trust provides access to portions of the Services via RSS feeds and various APIs, such access constitutes use of the Services. Hope Trust asks that you use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Services itself to allow the display of a substantial portion of the database or reproduce, duplicate or copy the Services. Hope Trust reserves the right to change these features at any time and to disable access to the feeds and the API at any time for any reason. DISCLOSURE: NOTE THAT USE OF THE SERVICES DOES NOT CREATE A FIDUCIARY RELATIONSHIP BETWEEN YOU AND HOPE TRUST. NO FIDUCIARY RELATIONSHIP OR FIDUCIARY OBLIGATIONS WILL BE IMPOSED UPON HOPE TRUST UNLESS AND UNTIL HOPE TRUST AGREES TO ACCEPT ITS APPOINTMENT IN WRITING AS A TRUSTEE FOR A TRUST. This Agreement includes Hope Trust’s policy for acceptable use of, and your rights, obligations and restrictions regarding, the Services. Hope Trust may modify this Agreement periodically, and such modification(s) shall be effective upon posting on http://www.hopetrust.com/terms-conditions/. We recommend that you review the posted version of this Agreement from time to time to ensure you are updated as to any such modifications. Hope Trust may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on http://www.hopetrust.com/.
USE OF the Services
In consideration of your use of the Services, you represent that you are of legal age and competent to form a binding contract. You acknowledge that Hope Trust may establish general practices and limits concerning use of the Services. You further acknowledge that Hope Trust reserves the right to modify these general practices and limits from time to time. Unless explicitly stated otherwise, any new features, tools or services that augment or enhance the Services shall be subject to this Agreement. Hope Trust reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice.
You will be required to sign and return to Hope Trust a limited power of attorney designating Hope Trust as attorney in order for Hope Trust to provide the Services, in addition executing other documents as may be needed from time to time. You agree that Hope Trust may use its reasonable discretion in administering or managing any Life Care Plan that is the subject of the Services.
Although Hope Trust endeavors to respond to inquiries or requests within twenty-hours, Hope Trust provides no guaranty as to the amount of time it may take to respond to requests or inquiries which may be delayed because of high demand, technical issues or other related problems.
Registered Users As a registered user, as part of the Services, you will have access to tools for viewing, storage and transmission of personal information, including health, medical and financial information. By registering to use the Services, you consent and agree to the transmission and storage of and access to this information (both in electronic and hardcopy form), including, but not limited to, electronic medical records, by Hope Trust to any third parties that you may authorize. You also consent to Hope Trust providing your information to third parties in order to provide Services that you may request. From time to time, Hope Trust may also request that you authorize a physician or medical provider or financial institution to send your personal health, financial or other information to us. Hope Trust may also enclose personal information in a message sent to you through email or regular mail at your request. These messages — which may take the form of a general update or a specific response to your questions — will be sent to the email address or physical location you specify. You agree that all agreements, notices, records, disclosures and other communications that Hope Trust provides to you electronically satisfy all legal requirements that such communications be in writing, and you hereby consent to receive such information electronically. As a registered user, you will receive a password and account name upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account name and are fully responsible for all activities that occur under your account. Hope Trust recommends that you change your password at least every three (3) months to maintain the security of your account. You agree to (a) immediately notify Hope Trust of any unauthorized use of your account or any other breach of security, (b) exit from your account at the end of each session, (c) provide true, accurate, current and complete information about yourself when registering for the Services (the “Registration Data”), and (d) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, outdated or incomplete, or Hope Trust has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, outdated or incomplete, Hope Trust has the right to suspend or terminate your account as provided herein.
As the account owner, you can provide access to your account and the related User Content to third parties by identifying and designating users to access some or all of the User Content. At your direction, we will add such third parties as registered users, who will have access to the tools of the Hope Trust Services platform that you assign to such person or persons, which may include some or all of the following: viewing, adding and transmission of personal information, including health, medical and financial information. You agree that you will be responsible for properly configuring your account to provide only such access to the account as you desire to provide the third party and that you will be responsible for all acts or omissions of such third party and that Hope Trust has no responsibility in monitoring the access or use of the account by such third party and no liability related to the acts or omissions of such third party.
You understand that all information, including, but not limited to, personally identifiable information, Registration Data, personal health or financial information, data, text, messages or other materials (“User Content”), whether publicly or privately transmitted, is the sole responsibility of the person from whose user account such User Content originated. This means that you, and not Hope Trust, are entirely responsible for all User Content that you upload, download, post, email, transmit or otherwise make available via the Services. You are responsible for reviewing the information provided by registered users of the account, including, but not limited to, physicians or other medical providers or financial institutions or advisors, and all documents and data downloaded onto the Hope Trust Services platform. User Content will be utilized in developing a Care Plan and care coordination Inaccuracy in the User Content could affect the content of any Care Plan or care coordination. Hope Trust does not does not guarantee the accuracy, integrity, quality or security of such User Content. Under no circumstances will Hope Trust be liable in any way for any User Content, including, but not limited to, loss or inaccuracy of User Content due to technical issues (whether on the part of Hope Trust Services Platform or your internet service provider or the hardware you use), any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services.
In consideration of being allowed to use the Services, you agree that the following actions by you or persons using your account shall constitute a material breach of these Terms and Conditions:
- Violation of any applicable local, state, national, or international laws;
- Transmitting any material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Transmitting any material that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, vulgar, obscene, insensitive or embarrassing to any other person or entity as determined by Hope Trust in its sole discretion;
- Impersonating, falsely stating or otherwise misrepresenting your affiliation with, any person or entity;
- Transmitting any material that contains software viruses, “spyware,” “adware,” time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- Interfering with, disrupting, exceeding permitted access to or accessing without authorization, the Services or servers or networks used to provide access to the Services, or disobeying any requirements, procedures, policies or regulations of the Services or networks connected to the Services.
The Services are not intended for use outside of the United States. You are not permitted to use the Services if you are located outside of the United States.
Third Party Services
As part of the Navigate and Manage Services, you may ask us to obtain services from third parties on your behalf. Such services may include, but are not limited to, nursing, landscaping, housekeeping, entertainment, travel and assistance with activities of daily living. While Hope Trust endeavors to find suitable providers to meet your needs, Hope Trust does not have control over, and hereby disclaims any responsibility for, the quality, timing, or legality of the services actually delivered by third parties, or of the integrity, responsibility or actions of third parties and we do not recommend third party service providers nor make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by any third parties. Through the Services, Hope Trust may provide you with a customized list of potential individuals, companies and/or agencies to consider based on the information you provide us regarding your loved one’s needs and preferences. In providing these Services, neither we, nor our respective employees are making a referral to, or endorsing, any individual, company or agency nor are we providing any medical, diagnostic, treatment or clinical service or engaging in any conduct that requires a professional license.
Hope Trust shall have the right, in its absolute discretion and without prior notice, to immediately suspend or terminate your use of or access to the Services or any portion thereof, at any time, for any reason, including, but not limited to (a) any breach or violation of this Agreement or the Notice of Privacy Practice, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, or (f) extended periods of inactivity. If this Agreement is terminated by you, except as a result of subparts (d) or (e) above, Hope Trust may charge you a termination fee equal to the amount set forth on the Termination Fee Schedule attached hereto, which schedule may be amended from time to time upon thirty (30) days’ notice.
Termination of your the Services account may include (1) removal of access to the Services and all parts thereof, (2) deletion of your password and all related account information, and all User Content associated with or inside your account (or any part thereof), and (3) barring of further use of the Services. You agree that the Services are not intended to serve as a repository, archive or backup of your User Content, and that all of your User Content will be automatically deleted from the Services five (5) days after Hope Trust closes your account. Hope Trust will not return the User Content to you and Hope Trust is not responsible for any such deletion of User Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF the Services IS AT YOUR SOLE RISK. the Services ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Hope Trust AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. Hope Trust assumes no responsibility for the timeliness, deletion, transmission, mis-delivery or failure to store any User Content. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Services, and unless otherwise agreed by HOPE TRUST, providing all information and electronic records TO HOPE TRUST in THE FORMAT SPECIFIED BY HOPE TRUST .
b. Hope Trust AND ITS SUBSIDIARIES, AFFILIATES, members, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) the Services WILL MEET YOUR REQUIREMENTS; (ii) the Services WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF the Services WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF the Services AND ANY PRODUCTS, SERVICES, CONTENT OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH the Services WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN the Services WILL BE CORRECTED.
c. You specifically understand and agree that HOPE TRUST, in providing the Services, may serve as a conduit for information provided by third parties, and that Hope Trust may rely on such information and services and products provided to it by third parties. hope trust assumes no responsibility or liability for the accuracy, completeness, propriety, necessity or advisability of the medical or other information which may be provided, directly or indirectly, to you, or of the medical or other services to which such information may relate. The parties further understand and agree that hope trust shall have no responsibility of any kind to you or any third party for any (i) diagnosis, treatment, or medical procedures or prescriptions for or with respect to any patient or other provision of direct health care services, (ii) adverse events; or (iii) other information or services provided by or through any Services. Performance by hope trust of its obligations hereunder shall not give rise to any implication that hope trust is providing medical advice or care or LEGAL ADVICE OR SERVICES. Services are not intended to supplant or replace the professional judgment of any health care providers or attorneys.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH the Services SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU HEREBY agree to indemnify, defend and hold HOPE TRUST and HOPE TRUST’S affiliates, and their respective officers, directors, employees, agents, contractors and suppliers (the “indemnified parties”) harmless against any losses, damages, liabilities, claims or demands (including all costs, expenses and reasonable attorneys’ fees on account thereof or in connection with any investigation or preparation related thereto or the enforcement of the indemnification provisions of this Agreement) (collectively, the “Indemnified Amounts”) that may be made as a result of claims made against the indemnified parties relating to: (i) your acts or omissions or the acts or omissions of any registered user of your account (II) your use of the services, (iii) the inaccuracy of any user content, (iv) any breach of this agreement or (v) any violation of law. hope trust agrees to notify you of any written claims or demands against hope trust for which you may be responsible hereunder and you shall be entitled, at your option, to assume the defense or settlement of any such claim. you agree to promptly reimburse the indemnified parties for the Indemnified Amounts as they are incurred.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hope Trust AND ITS SUBSIDIARIES, AFFILIATES, members, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES IN EXCESS OF ThREE MONTHS WORTH OF SERVICES FEES PAID TO HOPE TRUST OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR personal injury, wrongful death, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR DAMAGE (EVEN IF Hope Trust HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE, MISUSE OR THE INABILITY TO USE the Services; (ii) INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM the Services; (iii) improper or unauthorized access or use; hacker or cracker intrusion or disruption; distributed denial of service attacks; computer viruses or worms; loss, theft, misuse, alteration or corruption of data, programs or information; failure of network security; or other acts, omissions, torts or crimes; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON the Services; OR (v) ANY OTHER MATTER RELATING TO this agreement, the Services or Hope Trust. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS HOPE TRUST’s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND HOPE TRUST HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Hope Trust agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Hope Trust (including any claim or dispute between you and a third-party agent of Hope Trust) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Hope Trust or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Section.
a. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Hope Trust, except as otherwise stated in this Agreement.
b. Agreement to Arbitrate
You and Hope Trust each agree that any and all disputes or claims that have arisen, or may arise, between you and Hope Trust (including any disputes or claims between you and a third-party agent of Hope Trust) that relate in any way to or arise out of this Agreement, your use of or access to the Services, the actions of Hope Trust or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
c. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND HOPE TRUST AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND HOPE TRUST AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Hope Trust’s right to appeal the court’s decision. All other claims will be arbitrated.
d. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of the portion of this Agreement entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief”, shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a Notice of Dispute (“Notice”). The Notice to Hope Trust should be sent to Hope Trust Inc., 101 Crawfords Corner Road, Bell Works Suite 4-101R, Holmdel, NJ 07733, Attn: General Counsel. Hope Trust will send any Notice to you to the physical address we have on file associated with your Hope Trust account; it is your responsibility to keep your physical address up to date.
If you and Hope Trust are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Hope Trust may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Hope Trust at the following address: 101 Crawfords Corner Road, Bell Works Suite 4-101R, Holmdel, NJ 07733, Attn: General Counsel. In the event Hope Trust initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Hope Trust account. Any settlement offer made by you or Hope Trust shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Hope Trust may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Hope Trust subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Hope Trust may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Hope Trust user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
e. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement.
With the exception of any of the provisions in the Section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief”, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement shall still apply.
g. Future Amendments to this Section
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any amendment to this Legal Disputes Section (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Hope Trust prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement that have arisen or may arise between you and Hope Trust. We will notify you of amendments to this Agreement by posting the amended terms on www.HopeTrust.com at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
h. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Legal Disputes section above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Hope Trust must be resolved exclusively by a state or federal court located in the State of Delaware. You and Hope Trust agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.
i. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement constitutes the entire understanding between you and Hope Trust and governs your use of the Services, superseding any prior agreements between you and Hope Trust with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services.
The failure of Hope Trust to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You agree that your Services account, including, but not limited to, any rights to your Services user name, password or User Content within your account, is not transferable or assignable. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
You agree that you will not make, or cause to be made, any statement that disparages or may be interpreted to disparage, the Services, Hope Trust, or any of its other products or services.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this website are registered and unregistered trademarks of Hope Trust and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Hope Trust or such third party that may own the Trademarks displayed on this website. Your misuse of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited.
DISCLOSURES: HOPE TRUST IS NOT COVERED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, SUBTITLE D (PRIVACY) OF THE HITECH ACT OF 2009, AND THE RULES AND REGULATIONS PROMULGATED THEREUNDER (COLLECTIVELY “HIPAA”) AND ALTHOUGH HOPE TRUST TAKES REASONABLE PRECAUTIONS TO ENSURE THE SECURITY AND PRIVACY OF ALL PROTECTED HEALTH INFORMATION (AS DEFINED BY HIPAA) IT IS NOT OBLIGATED TO, AND MAY NOT COMPLY WITH ALL HIPAA REQUIREMENTS.
If you have any questions or concerns about this Agreement, please feel free to contact us at:
Hope Trust 101 Crawfords Corner Road
Bell Works Suite 1-401R
Holmdel, NJ 07733
Attn: General Counsel
This Agreement was last revised June 2020