Legal Disclosures

This website is owned and operated by Laura Fuquay acting on behalf of Hope & Joy from Austin Corp (the "Agency"). These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors ability to donate monetarily to support the costs of cleaning, transporting and refurbishing pre-owned durable equipment and adaptive toys ("Goods"), costs of legal fees and operational costs such as, but not limited to office supplies, website fees and third-party transaction fees.  The website offers visitors information on local resources available within the Greater Indianapolis area, the ability to understand services available at no cost and ability to obtain more information on meeting the criteria of a Caretaker and booking the services.   The website offers an inventory of pre-owned durable equipment and adaptive toys which can be applied for to receive at no cost so long a certain criterial and documentation is met.  Upon receipt of inquiry for receipt of durable equipment or adaptive toys, the item will be reserved and further information will be provided as to further information and documentation requirements. If required information and documentation is not received within 10 business days of inquiry, the item will be release back into the Available category and the inquirer will need to begin the process again.  This site offers the ability to contact the Agency to donate Goods to Hope & Joy from Austin Corp for purposes of finding a new owner meeting the Agency's criteria for receipt of such item.  Hope & Joy from Austin Corp maintains the right to refuse service or transfer of ownership of Goods to and from the Agency on a case by case basis. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms and Conditions.

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In order to use our website, donate money or Goods and/or receive our services or Goods, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.​​

 

When reserving a Good, you agree that: (i) you are responsible for reading the full item listing before requesting a reservation; (ii) you will provide all required documentation; (iii) you will enter into a legally binding contract to transfer ownership of the Good upon receipt of that Good, which includes agreement not to resell item and certain indemnifications.  Prior to donating a Good, you agree that (i) you are the owner of record; (ii) there are no liens or claims on the the Good; (iii) Good is in good working order and any defects or breakages have been disclosed in writing.   The Agency reserves the right not to accept any Good which doesn't meet inspection criteria.

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Should any Goods received from the Agency be found to not be of best value to recipient within 30 calendar days of receipt, these Goods must be returned  in the same  condition and include all components provided.  The Agency will pick up the returned Good free of charge. 

 

No donated money nor Goods will be returned by the Agency to the donor.  Transactions of this nature are final. 

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We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

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There are no warranties on any Goods.  Recipient is responsible for maintaining the Goods including but not limited to regular inspection and maintenance, regular cleaning and sanitation, and/or replacement of parts.   There are no warranties on Services provided and recipient of these services receives them at their own risk.

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All materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Hope & Joy from Austin. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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​We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed monetary donations, such donations will be discontinued only upon the expiration of the respective period for which you have already made payment.

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You agree to indemnify and hold Hope & Joy from Austin Corp, it's Founder, Board of Directors and volunteers harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the Goods or services offered on the website.

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To the maximum extent permitted by applicable law, in no event shall Hope & Joy from Austin Corp, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service or Good.

To the maximum extent permitted by applicable law, Hope & Joy from Austin Corp assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service or Goods; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner and you have provided us with your email address, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

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You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

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These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of United States of America and the state of Indiana without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Hamilton County, Indiana. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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Customer service can be reached at:  HopeJoy4SpecialKids@gmail.com​​