Hark Connector Terms and Conditions of Access and Use
To promote improved access to human services in the Northwest Arkansas community, Hark, a division of the Endeavor Foundation, has established this Hark Connector tool (“Hark Connector”) through which You (“You”) may create a care plan for identified individuals (“Client(s)”) in need of community resources. By clicking the box below, You confirm that You have fully read, understand and agree to these Hark Terms and Conditions of Access and Use (“Terms of Use”). If You do not agree to the Terms of Use, You will not be permitted to use Hark Connector. Throughout the Terms of Use, Hark is referred to as “Hark”, “We” or “Us.” Individuals accessing or using Hark Connector are referred to as “You”, “Your”, or “User(s)”.
Hark Connector Services
The following services are offered through Hark Connector:
Your Account Profile, User ID and Password
In connection with Your access and use of Hark Connector, You must create a personal profile account. You represent and warrant that all information You provide or supply to Hark through Hark Connector, including without limitation, information contained in Your personal profile, is accurate and complete and you have all authority required by law to provide such information. You are responsible for maintaining the confidentiality of all User identification, password and other confidential information relating to the use of Your account and are fully responsible for all activities that occur under Your account. Except as otherwise provided herein, You are responsible for taking all reasonable steps to ensure that no unauthorized person(s) accesses Your account. You must promptly notify Hark by contacting [email protected] of any unauthorized use of or access to Your Hark Connector account. We assume no responsibility or liability for any information that You transmit, receive from or submit to Hark Connector, or for any use or misuse by You or third parties who You authorize.
Use Rights and Restrictions
Subject to the terms and conditions outlined in these Terms of Use, Hark grants to You a personal, revocable, non-assignable, non-sublicensable, and non-exclusive limited right to (i) use Hark Connector and (ii) access and view limited content provided, made available or otherwise accessible via Hark Connector. Except as expressly authorized by Hark, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Hark Connector, in whole or in part. You agree not to modify Hark Connector in any manner or form, or to use modified versions of Hark Connector, including (without limitation) for the purpose of obtaining unauthorized access to Hark Connector. You agree not to access Hark Connector by any means other than through the interface that is provided by Hark for use in accessing Hark Connector. You shall not, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble Hark Connector, merge Hark Connector into other program material, nor shall You otherwise create or attempt to obtain the source code of Hark Connector.
User Submission of Information
By clicking the box below, and to the extent you submit information and content (“User Information”) through Hark Connector while accessing and using Hark Connector, You represent that You have the full legal right to provide the User Information and that use of the User Information by Hark and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of Your failure to obtain consent to upload private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information; (d) result in product liability, tort, breach of contract, personal injury, death, or property damage; (e) constitute misappropriation of any trade secret or know-how; or (f) constitute disclosure of any confidential information owned by any third party.
Hark may remove, in Hark’s sole discretion, any User Information from Hark Connector for any reason or no reason. Hark shall not be responsible for changes, modifications, or removal of any User Information that You submit to Hark Connector.
To the extent permitted by applicable law, You grant to Hark a non-exclusive, perpetual, royalty-free, enterprise-wide license and in all forms and all media (including derivative works), to use the User Information submitted by You in such manner that is consistent with the Terms of Use, Hark Connector and to permit Hark to comply with applicable law.
Proprietary Rights
All works of authorship, information, content, functional components, and material appearing on or contained in Hark Connector (“Connector Materials”) are protected by law, including, but not limited to, United States copyright law. Except as explicitly stated on Hark Connector, the entirety of the Connector Materials (including, but not limited to, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, images, text, forms, and look and feel attributes) are Hark’s copyrighted works, all rights reserved, or the copyrighted works of Hark’s affiliates, licensors, or suppliers. Removing or altering any copyright notice or any other proprietary notice on any Connector Materials is strictly prohibited. Any commercial use of any Connector Materials, in whole or in part, without the prior written consent of Hark, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Connector Materials or any other proprietary information of Hark, without Hark’s advance written consent, is prohibited. All names, trademarks, service marks, symbols, slogans, and logos appearing on Hark Connector are proprietary to Hark or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
Disclaimer
ANY INFORMATION CONTAINED IN HARK CONNECTOR OR PROVIDED THROUGH HARK CONNECTOR IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. HARK WILL REGARD ALL ACCESS TO AND USE OF HARK CONNECTOR AS VOLUNTARY AND AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED HEREIN, WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE, APPLICATION OR OTHER MATERIAL PROVIDED ON OR THROUGH HARK CONNECTOR. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, AVAILABILITY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE, APPLICATION OR OTHER MATERIAL PROVIDED BY USING HARK CONNECTOR GENERALLY. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, WE DISCLAIM AND MAKE NO WARRANTY OR GUARANTEE THAT HARK CONNECTOR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
YOU UNDERSTAND THAT COMMUNITY SERVICE PROVIDERS LISTED IN HARK CONNECTOR ARE GEOGRAPHICALLY LIMITED TO THE BENTON, WASHINGTON, MADISON AND CARROLL COUNTIES OF ARKANSAS. WE DO NOT WARRANT OR GUARANTEE THE COMMUNITY SERVICE PROVIDERS WILL BE AVAILABLE OUTSIDE OF THE FOREGOING 4 COUNTIES OR WILL PROVIDE SERVICES ELECTRONICALLY.
Limitations of Liability
HARK AND ITS LICENSORS ACKNOWLEDGE THAT THESE TERMS OF USE PROVIDE YOU THE ABILITY TO ACCESS INFORMATION AND THAT HARK AND ITS LICENSORS WILL NOT BE LIABLE TO YOU OR TO OTHER THIRD PARTIES FOR INDIRECT, DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO ANY BREACH OF ANY TERM OF THESE TERMS OF USE (INCLUDING MISUSE OF HARK CONNECTOR OR CARELESS USE OF ELECTRONIC DEVICES SUCH AS LOSS OF SUCH DEVICES) OR WITH RESPECT TO ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THESE TERMS OF USE OR THE IMPLEMENTATION OR FAILURE TO IMPLEMENT THE CARE PLAN, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND HARK’S AND ITS LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU HEREUNDER, IF ANY, TO THE EXTENT PERMITTED BY APPLICABLE STATE LAW.
HARK HAS NO RESPONSIBILITY FOR ANY ACTION TAKEN BY YOU, INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS TO OR USE OF HARK CONNECTOR FROM YOUR ELECTRONIC DEVICES; OBTAINING PROPER CONSENTS, RELEASES AND/OR AUTHORIZATIONS FOR YOU TO USE HARK CONNECTOR.
Individual Responsibility
You acknowledge that Hark Connector is designed to help You develop a care plan for Clients and can be used to share such care plan. You or the Client are responsible for contacting the community service provider. Neither Hark, nor Hark Connector, contact community service providers for the Client or You or otherwise share the Client’s information with the community service provider. Hark does not guarantee that any request for assistance or to connect with a community service provider will be accepted or acted upon by the identified community service provider. You hereby release Hark of any and all claims related to the acts or omissions of such community service providers.
Feedback
Hark welcomes Your feedback and suggestions about how to improve Hark’s services and Hark Connector, including, without limitation, the feedback and suggestions and all other information, data, material, or other content (collectively, “Submissions”). Such Submissions can be sent to [email protected]. Hark alone (and its licensors, where applicable) will retain all intellectual property rights relating to Submissions, which are hereby assigned to Hark. Further, Hark is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Submission for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information.
Connected Devices
Use of Hark Connector may (i) require compatible devices (e.g., personal computer, mobile phone, tablets and other consumer electronic devices), Internet access or Wi-Fi, certain software and wireless plans with necessary wireless data features; (ii) require periodic updates; and (iii) be affected by the performance of the factors set forth herein. Your use of mobile device features may result in increased charges from Your wireless carrier.
Modifications and Updates
Hark reserves the right to modify, amend and update these Terms of Use at any time by posting amended Terms of Use on Hark Connector. You acknowledge and agree that it is Your responsibility to review these Terms of Use from time to time and to be aware of any such changes. Your access and use of Hark Connector after such posting constitutes acceptance by You of the revised Terms of Use.
Release of Liability and Indemnification
You agree to release and hold Hark, and its directors, officers, employees, agents and third party licensors harmless from and against any and all liabilities, losses, damages, claims, and expenses, including reasonable attorneys' fees, with respect to (a) any and all injury, disability, death or damage to property (tangible or intangible) arising from or relating to Your use of Hark Connector; (b) any infringement or violation of any intellectual property rights arising from or relating to Your use of Hark Connector (including any content or information You provide to Hark Connector); and (c) any breach of Your representations or obligations under these Terms of Use.
Governing Law
These Terms of Use are entered into between You and Hark in the State of Arkansas, are performed within the State of Arkansas and governed by and shall be construed in all respects under the laws of the State of Arkansas, exclusive of its choice of law or conflict of laws provisions. In any claim or action by You directly or indirectly arising under these Terms of Use or related to Your use of Hark Connector, You irrevocably agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Washington County, Arkansas. You waive any jurisdictional, venue or inconvenient forum objections to such court. If any of the provisions of these Terms of Use are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
Rights, Remedy, and Termination
Hark may, in its sole discretion, terminate Your access to Hark Connector, or any portion thereof, or discontinue providing Hark Connector, or any portion thereof at any time. Hark may, but is not required to, notify You that You have breached these Terms of Use and Your account is being terminated. These actions are in addition to and not in lieu or limitation of any other right or remedy Hark may have available at law. Further, Hark shall not be liable to You or any third party in any way for any such termination or discontinuance.
Third Parties
Hark Connector is designed to assist with care plan development and will identify certain community services providers that may provide services similar to those identified by the individual for whom the care plan applies. Such community services providers are independent third parties and Hark does not exercise any control over such community services providers. Use of Hark Connector and any other material or content on and made available through Hark Connector is entirely at Your own risk. Hark expressly disclaims any and all responsibility for or related to the information, products or services provided by these third parties. Additionally, Hark Connector may, from time to time, contain links to external Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Hark expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third party sites. Hark reserves the right, in its sole discretion at any time, to deny any request, or rescind any permission granted, to link to Hark Connector and to require termination of any such link to Hark Connector. The availability of links from Hark Connector to third party sites are not, and should not be construed as, an endorsement of these third party sites.
Complaints, Comments and Questions
Complaints, comments or questions regarding Hark Connector should be sent to:
General Provisions
These Terms of Use constitute the entire agreement between You and Hark with respect to the use of Hark Connector and govern Your use of Hark Connector. These Terms of Use supersede any prior agreements between You and Hark relating to the access and/or use of Hark Connector. A waiver of any breach of any provision of these Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of these Terms of Use. The failure of Hark to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.