HAITI IMMIGRATION PROJECT

Terms of Use

Welcome! By visiting this website (the “Site”), you agree to be bound by the following Terms of Service. If you do not agree to these terms, please do not use the Site. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms at any time without notice. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.

Restrictions on Use of Materials

Unless otherwise noted, all materials, including but not limited to, articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Site (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by the HAITI IMMIGRATION PROJECT (the “HIP”) or the party credited as the provider of the Content.

No Content from the Site may be copied, reproduced, framed, republished, used or distributed without prior permission from the HIP or the copyright holder identified in the accompanying copyright notice, except that you may view, print or download the Content solely for personal use. Modification of the Content or use of the Content for any other purpose is a violation of the HIP’s copyright and other proprietary rights.

All trademarks, service marks and trade names on the Site are proprietary to the HIP unless otherwise noted.

If you wish to build a hyperlink to the Site, you may do so provided you agree to cease such link upon request from the HIP. No other use is permitted without prior written permission of the HIP.

Not Legal Advice

The Content contained on the Site has been prepared by the HIP as a service to its readers and the Internet community and is not intended to constitute legal advice. Persons seeking legal advice or representation should consult an attorney or authorized legal service provider who can provide individualized case assessment. The HIP has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Site. Users of information from the Site or links do so at their own risk.

Links To Other Websites and Resources

To the extent that the Site contains links to outside websites and resources, the HIP does not control the availability and content of those outside websites and resources. Any concerns regarding any such website or resource, or any link thereto, should be directed to the particular website or resource.

Indemnification

You agree to indemnify, defend and hold the HIP and its employees and representatives harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation or alleged violation of these Terms of Service or use of the Site and its services.

Termination

You agree that the HIP may, under certain circumstances and without prior notice, immediately terminate your HIP account. Cause for such termination shall include but not be limited to, (a) breaches or violations of these Terms of Service, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your HIP account includes (a) removal of access to all services offered through the Site and (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof). Further, you agree that all terminations for cause shall be made in the HIP’s sole discretion and that the HIP shall not be liable to you or any third-party for any termination of your account or access to any services available on the Site.

Disclaimer of Warranties

THE SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. THE HIP EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE HIP DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND RELATED SERVICES. THE HIP DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE AND RELATED SERVICES. THE HIP DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH THE SITE OR RELATED SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE HIP SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE HIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITIES” MAY NOT APPLY TO YOU.

Jurisdiction

Unless otherwise specified, the Content on the Site is presented solely for the purpose of promoting publications and other products available in the State of New York. The Site is controlled and operated by the HIP from its offices within New York City. The HIP makes no representation that Content on the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the useability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York. All users, including those users who access the Site from a country other than the U.S., agree that the laws of the State of New York shall govern any dispute, including those arising from the HIP’s use of personal information or otherwise relating to privacy, as specified in the Privacy Policy. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Miscellaneous Provisions

If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Site or these Terms of Service must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the HIP. The HIP’s failure to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.