HMH International, LLC, d/b/a Philantopia
Website Terms of Use Agreement
Last Date Modified: November 26, 2024
Acceptance of the Terms of Use
This Website Terms of Use Agreement (this “Agreement”) is a binding agreement between you, as a user of this website, and HMH International, LLC, d/b/a Philantopia (which may be referred to below as “we,” “our,” “us”). This Agreement incorporates the Website Privacy Policy (the “Privacy Policy”) referred to below.
Please read this Agreement and the Privacy Policy carefully before you start to use this website. Click here to read the Privacy Policy.
By using this website you accept and agree to be bound and abide by these Terms of Use and the Privacy Policy. If you do not want to agree to this Agreement and the Privacy Policy, you must not use this website or in the future access this website
Restriction on Types of Users
Only individuals who are at least 18 years of age, or businesses or other entities, are permitted to use this website.
Geographic Restrictions on Users
We are located in Colorado in the United States. We provide this website for use only by persons and entities located in the United States. We make no claims that this website or any of its content is accessible or appropriate outside of the United States. Access to this website may not be legal by certain persons or in certain countries. If you access this website from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws.
Changes to this Agreement
We may revise and update this Agreement from time to time in our sole determination. All changes to this Agreement are effective immediately when we post them, and apply to all access to and use of this website thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on this website.
Your continued use of this website following the posting of revised terms of use of this website means that you accept and agree to the changes. You are expected to check this page containing this Agreement each time you access this website, so you are aware of any changes, which changes are binding on you.
If you access this website after we make changes to this Agreement you will be required to again click the applicable link to accept the changes.
Privacy and Collection of Personal Information; Data and User Materials
By using this website, you consent to our collection and use of personal information about you.
Your personal information will be collected and used in accordance with the terms of the HMH International, LLC, d/b/a Philantopia Website Privacy Policy.
Click here to read the Privacy Policy.
We may also collect and use technical data and related information; including, but not limited to, technical information about your device, system, application software, and peripherals (collectively, “Data”) that is gathered periodically to facilitate the provision of software updates, customer support, and other services to you. You agree that we may use the Data to improve our website or our services offered and provided to you. You grant us a perpetual, nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sublicensable license in and to the Data, including all intellectual property rights in the Data, for us to use, modify, and create derivative works of them in connection with or related to any business purpose.
Accessing this Website and Account Security
We have the right to withdraw or amend this website, and any service or material we provide on this website, at any time in our sole determination and without notice to you. We will not be liable if for any reason all or any part of this website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of this website or this entire website.
You are responsible for the following:
- Making all arrangements necessary for you to have access to this website.
- Ensuring that all persons who access this website through your internet connection are aware of the provisions in this Agreement and comply with them; and are aware of our Privacy Policy.
To access this website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website is correct, current, and complete. You agree that all information you provide to this website or otherwise is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Website Privacy Policy.
Click here to read the Privacy Policy.
If you choose to create an account with us, you must treat the username and password, or any other piece of information as part of our security procedures, as confidential; and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session, before you exit this website. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, and for any reason, in our sole determination if in our opinion you have violated any provision of this Agreement.
Intellectual Property Rights
This website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of its content) are owned by us, our licensors, or other providers of the material; and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in this website, except as follows:
- Your computer may temporarily store copies of the materials in RAM incidental to you 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 this website for your own personal or your company’s or other entity’s use; and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website.
If you want to make any use of material on this website other than as permitted above, you must obtain written permission from us to do so, which permission may be denied for any reason. To request permission to do so, send an e-mail message, specifying the material you want to use, and how you want to use it, to auctions@philantopia.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this website other than as expressly permitted above, your right to use this website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to this website or any content on this website is transferrable to you, and all rights not expressly granted are reserved by us. Any use of this website not expressly permitted by this Agreement is a breach of this Agreement, and may violate copyright, trademark, and other laws.
Trademarks
PHILANTOPIA is a U.S. registered trademark of ours. Other trademarks and services marks, including logos, that appear in this website are trademarks of us or our affiliates, our licensors, or their other respective owners. You must not use any of those marks without the prior written permission of us or the other owner of the mark; which permission may be denied for any reason.
Prohibited Uses
You may use this website only for lawful purposes and in accordance with this Agreement. You agree not to use this website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate us, any of our employees or other representatives, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this website, or which, as determined by us, may harm us or users of this website, or expose them to liability.
Additionally, you agree not to:
- Use this website in any manner that could disable, overburden, damage, or impair this website or interfere with any other party’s use of this website; including their ability to engage in real time activities through this website.
- Use any robot, spider, or other automatic device, process, or means to access this website for any purpose, including monitoring or copying any of the material on this website.
- Use any manual process to monitor or copy any of the material on this website, or for any other purpose not expressly authorized in this Agreement, without our prior written consent (which consent may be withheld for any reason).
- Use any device, software, or routine that interferes with the proper working of this website.
- Introduce any viruses, Trojan Horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this website, the server on which this website is stored, or any server, computer, or database connected to this website.
- Attack this website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of this website.
User Requests; User Contributions
You may request information from us through this website; but currently, this website does not permit any contributions to its content by any user of this website.
Purchases of Travel Packages
Purchases of travel packages are made apart from this website. To purchase a travel package, you enter information into your Cart on this website, and then you will be contacted by a Philantopia fundraising representative, who will provide information to you about how to complete the purchase. The terms of your agreement with us regarding the purchase and use of travel packages appear in the Cart section of this website, and in the purchase agreement that the fundraising representative will provide to you; which terms are incorporated into these Terms of Use.
Linking to this Website
You are prohibited from linking to any page of this website without our prior written permission; which permission we may refuse to give for any reason.
Links from this website
If this website contains links to other websites and resources provided by third parties, the links are provided for your convenience only. The links may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we accept no responsibility for them or their content, nor for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for the website(s).
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that documents or other materials available for downloading from the internet or this website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL RESULTING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR OTHERWISE FROM US; OR TO YOUR DOWNLOADING OF ANY DOCUMENTS OR OTHER MATERIAL POSTED ON IT, OR IN ANY WEBSITE LINKED TO IT.
YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT, AND ANY TRAVEL PACKAGES OR OTHER GOODS OR SERVICES OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING GENERALITY OF THE LANGUAGE ABOVE, NEITHER HMH INTERNATIONAL, LLC, D/B/A PHILANTOPIA NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT (A) THIS WEBSITE, ITS CONTENT, OR ANY TRAVEL PACKAGES OR OTHER GOODS OR SERVICES OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE; INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE STATEMENTS ABOVE DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HMH INTERNATIONAL, LLC, D/B/A PHILANTOPIA , ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR OTHER REPRESENTATIVES (AS APPLICABLE) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THIS WEBSITE OR OTHER WEBSITES; INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS LIMITATION OF OUR LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification by You
You agree to defend, indemnify, and hold HMH International, LLC, d/b/a Philantopia, its affiliates, licensors, and service providers, and their respective officers, other employees, agents, and other representatives, and their successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of this website, including, but not limited to, your contributions to the content of this website (if you can do so), any use of this website’s content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from this website.
Dispute Resolution
This Agreement is governed by U.S. law and the laws of the State of Colorado. Except for actions that are related to your violation of the Intellectual Property Rights section of this Agreement, which we may bring in court, the Federal Arbitration Act applies to disputes under this Agreement. All actions arising out of or related to this Agreement that are subject to arbitration will be submitted on demand of either party for binding arbitration to the Denver, Colorado office of the American Arbitration Association; unless the parties agree on another arbitration organization. Arbitration proceedings will be conducted in Denver, Colorado, and will be heard by one arbitrator in accordance with the then-current Rules of the arbitration company. The arbitrator will have the power to rule on his/her own jurisdiction, including any objections with respect to the existence, scope, or validity of this arbitration provision. The arbitrator must be knowledgeable of U.S. and Colorado law related to website user agreements. The arbitrator must apply and follow applicable U.S. and Colorado law. The award rendered by arbitration will be final, binding, and a non-appealable judgment; and the award may be entered in any court of competent jurisdiction.
Unless otherwise provided by law, the parties will be responsible for their own attorneys’ fees and expenses.
Arbitration will be conducted on an individual basis only. Neither party will commence any arbitration with a third party against the other, or join with any third party in any arbitration involving us and you. Further, neither we nor you will (a) attempt to consolidate or otherwise combine in any manner an arbitration proceeding involving us or you with another arbitration of any kind, or (b) attempt to certify a class or participate as a party in a class action against the other.
The decision as to whether a claim is subject to mandatory arbitration will, however, be made by an arbitrator, not by a court.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, TO SETTLE DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. THE RULES IN ARBITRATION ARE DIFFERENT; SUCH AS THERE IS NO JUDGE OR JURY, AND APPELLATE REVIEW IS MORE STRICTLY LIMITED IN BINDING ARBITRATION.
If either party violates the provisions of this Dispute Resolution Section, the other party will be entitled to seek injunctive relief in a court of law of proper jurisdiction as specified below.
Any court proceedings arising from matters not subject to arbitration under the provisions of this Agreement must be brought only in the state or federal courts located in Colorado; and you and we consent to the exercise of jurisdiction by those courts. EXCEPT IF PROHIBITED BY APPLICABLE LAW, HMH INTERNATIONAL, LLC, D/B/A PHILANTOPIA AND YOU EACH KNOWINGLY, VOLUNTARILY, AND WILLINGLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF, OR RELATED TO, THIS AGREEMENT.
The provisions above are subject to applicable law to the contrary.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THAT CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver
The failure of us to insist upon the strict performance of the provisions of this Agreement by you will not constitute or be construed as a waiver or relinquishment of the right of us to thereafter enforce that provision of this Agreement or any other provision of this Agreement, and it will continue in full force and effect.
Severability
If an arbitrator or court of competent jurisdiction makes a final determination that any provision of this Agreement is invalid or unenforceable, that provision will be modified by the arbitrator or court (as applicable) so as to best continue to carry out the intent of the parties; or severed from this Agreement if it cannot be so modified. The remaining provisions remain unimpaired.
Entire Agreement
This Agreement and our Policy, including the agreements related to the purchase of travel packages referred to above, constitutes the sole and entire agreement between you and HMH International, LLC, d/b/a Philantopia regarding this website; and it supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding this website.
Your Comments, Questions, or Concerns
If you have any comments, questions, or concerns regarding this Agreement or this website, you may contact us by sending an e-mail message to info@philantopia.com.