Terms and Conditions

TERMS OF USE

Dated:  July 8, 2010

1.  Visitors Rules of Conduct

This  Terms of Use Agreement (the "Agreement") informs visitors to the  Jewish Board of Family and Children’s Services’ website at http://www.jbfcs.org ("Website") concerning the rules and policies that govern use of the  Website and JBFCS’s services, agencies, affiliates and communities associated  with the Website. The term "visitor" includes any person who accesses  the Website for any amount of time, unless designated otherwise. Visitors are expected  to follow all posted guidelines and rules.

For  the purposes of this Agreement, the term JBFCS (or “we” or “us” or “our”)  includes, individually and collectively, the Jewish Board of Family and  Children’s Services, Inc., its services providers, content providers,  contractors, third party vendors, sponsors, affiliates, related entities and  licensees, and their respective officers, directors, agents, employees,  representatives, servants, shareholders, parents, partners, licensees,  affiliates, subsidiaries, related entities, successors and assigns.

Your  access or use of the Website constitutes your agreement to be bound by this  Agreement. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, OR ANY  POSTED GUIDELINES, POLICIES OR RULES, PLEASE DO NOT USE THE WEBSITE.

To  use or to participate in certain of the activities, features, functions or  services on the Website you may be requested to provide certain information  about yourself, including your name, contact information and resume  ("personal information"). We may also obtain non-personal information  regarding your visit to protect the security of other visitors or the Website  or to make the Website’s content more useful for all visitors.

All  information obtained by the Website from visitors shall be governed by our  Privacy Policy which is posted on the Website and is incorporated by reference  into this Agreement. If there is a conflict between any term in this Agreement  and our Privacy Policy, the term in the Privacy Policy shall prevail.  You should carefully review our Privacy  Policy to understand our information collection, use and disclosure  practices.  Visitors are responsible for  providing accurate and complete information to us and to our service providers,  subsidiaries, agents, licensees, and affiliates in connection with your use of  the Website. If, at any time, we discover that you have provided false  information or have violated any term of this Agreement or our Privacy Policy,  your use of the Website will be canceled without notice. 

JBFCS  is not liable or responsible for any claims relating to any inaccurate,  untimely, false or incomplete information provided to us, or from a visitor's  failure to fully comply with any provision of this Agreement. If necessary, and  in accordance with applicable law, JBFCS will cooperate with local, state  and/or federal authorities to protect the Website, visitors to the Website, or  JBFCS or to prevent the unauthorized use of the Website.

2.  Your Representations and  Warranties

You  represent and warrant that, in addition to the other representations and  warranties made by you in this Agreement, you will: (a) comply with all laws,  rules and other regulations applicable in connection with the Website; (b) not  interfere or disrupt networks connected to the Website; (c) not use the Website  to infringe any third party's copyright, patent, trademark, trade secret or  other proprietary rights or rights of publicity or privacy; (d) not use or  transmit through the Website any unlawful, harassing, libelous, abusive,  threatening, harmful, vulgar, obscene or otherwise objectionable material of  any kind or nature; and (e) not interfere with another user's use and enjoyment  of the Website.

3.  Website Content

JBFCS  shall not be liable for any inaccuracies, errors or omissions on the Website.  Although JBFCS does not have any obligation to correct errors, inaccuracies or  omissions on the Website, we reserve the right to correct such errors,  inaccuracies or omissions without prior notice.   In addition, JBFCS reserves the right to change, remove, or update  information on the Website at any time without prior notice and JBFCS may  change, suspend or remove all or any aspect of the Website at any time without  prior notice.

This  Agreement may be revised from time to time without notice. Any changes in our  Terms of Use will be incorporated into a revised Agreement that will be posted  on the Website.  Unless otherwise  specified, such changes shall be effective when posted.

4.  Restrictions on Use of the  Website Content

Content  on the Website is provided by JBFCS, its agencies, affiliates, and other  sources, and is protected by copyrights, trademarks, service marks, patents,  trade secrets, or other proprietary rights and laws. Except as expressly  authorized by JBFCS, visitors are prohibited from copying, reproducing,  republishing, uploading, posting, transmitting, distributing, selling,  licensing, renting, publicly displaying or performing, editing, adapting or  creating a derivative work of any content or other elements obtained from the  Website, including code and software, without the express written permission of  JBFCS. Requests for such permission can be sent by e-mail to webmaster@jbfcs.org.  The decision to grant or deny permission is within the sole discretion of JBFCS.  Notwithstanding the above, visitors may print or download content from the  Website solely for their personal non-commercial use.

By  accessing and/or using the Website, you represent and warrant that you are the  owner or otherwise have the right to provide any information, content or  materials that you post or transmit for use in the public or private areas on  the Website. You hereby grant JBFCS an irrevocable, transferable, fully paid  up, royalty-free, perpetual, non-exclusive worldwide license to use, copy,  print, display, modify, publish, reproduce, transmit, edit, distribute and  otherwise exploit any information, content or materials, including, but not  limited to, comments or content, that visitors post, submit or transmit, and to  create and exploit derivative works therefrom, in any form, medium, or  technology now known or later developed, for any purpose whatsoever, with or  without attribution to you. You also hereby agree to indemnify and hold JBFCS  harmless from any claim or demand, including reasonable attorneys' fees, made  by any party arising out of information, content or materials that you submit  to the Website.

If  you have a good faith belief that any content on the Website infringes your  copyrighted work, you may notify us in accordance with the requirements set  forth in the Digital Millennium Copyright Act ("DMCA") and request  that we remove or block access to the infringing content.  The request shall include the following:
  - identification and description of the  copyrighted work claimed to have been infringed;
  - identification and location on the Website  of the allegedly infringing content;
  - statement by you that you have a good faith  belief that the allegedly infringing content is not authorized by the copyright  owner;
  - a statement by you, under penalty of  perjury, that the information in your request is accurate and that you are  either the copyright owner or authorized to act on behalf of the copyright  owner;
  - your signature or the signature of a person  authorized to act on your behalf.

If  you have a good faith belief that a notice of copyright infringement has  been wrongfully filed against you because of content posted on the Website, the  DMCA allows you to send us a counter-notice. Notices and counter-notices must  meet the statutory requirements imposed by the DMCA; see www.loc.gov/copyright.  Notices and counter-notices should be sent to:

Jewish Board of Family and Children's  Services, Inc.
  135 West 50th Street
  New York, NY 10020
  Attn:External Affairs

5.  Minimum Age to Use the Website

Parts  of the Website may require that you be a minimum age to participate in and/or  use certain functions or benefits of the Website.  Where a minimum age is posted, you must meet  the designated minimum age requirements for the specific activity or  event.  Requirements and rules for  participation in specific activities on the Website will be posted on the  Website.  JBFCS will not knowingly  collect personal information from visitors under twelve (12) years of age.  If we learn of the participation of a person  under twelve (12) years of age in any such activity, his or her registration or  participation will be immediately canceled and all personal information will be  deleted from our files.

6.  Registration to Use Website Features

Registration  may be required for certain Website features, functions or services and  visitors may be required to provide a user name and password. You are  responsible for maintaining the confidentiality of your password and any  account information. You agree to immediately notify us of any unauthorized use  of your password or other account information and you further agree to  indemnify and hold JBFCS harmless for any improper or illegal use of your  password.

We  encourage you to contact us regarding any changes in your account, personal  contact and e-mail information. If your e-mail address is canceled or becomes  inactive or inaccessible for an extended period of time, we reserve the right  to cancel your account and delete all or part of your profile, to the extent allowed  by law and in accordance with our security measures. We also reserve the right  to cancel your account for any or all Website activities if you violate any  provision of this Agreement and/or our Privacy Policy.

7.  E-mail

Your  e-mail address and the content of any e-mail you send will be used by JBFCS for  correspondence and response purposes. Any personal information transmitted with  an e-mail, such as the sender's name, e-mail address, or home address, will be  protected in accordance with our Privacy Policy.

8.  Non-Personal Information

Any  non-personal information provided by you, whether by e-mail or other  transmission to the Website, including, but not limited to, feedback, data,  answers, questions, comments, suggestions, plans, ideas or the like, shall be  deemed to be non-confidential and will not be protected from disclosure.  JBFCS shall be free to use, reproduce,  disclose and distribute non-confidential and non-personal information to others  without liability or restriction. You hereby grant JBFCS an irrevocable,  transferable, fully paid up, royalty-free, perpetual, non-exclusive worldwide  license to use, copy, print, display, modify, publish, reproduce, transmit,  edit, distribute and otherwise exploit the non-confidential information sent to  us, and to create and exploit derivative works therefrom, in any form, medium,  or technology now known or later developed, for any purpose whatsoever, with or  without attribution to you.

9.  Interactive Features

We  may provide interactive activities and features on the Website such as content  posting forums, bulletin boards, message boards, text messaging, mobile alerts,  and other means of communication (collectively, "Interactive  Features"). 

You  are responsible for all content that you post, e-mail, transmit, upload or  otherwise make available through the Website. You agree not to upload, email,  post, publish, distribute, transmit or otherwise make available through the  Website or any Interactive Feature any content that is false or misleading; is  defamatory; is threatening, abusive, harassing or invades another's privacy;  promotes bigotry, racism, hatred or harm against any individual or group; is  obscene; infringes another's rights; infringes any patent, trademark, service  mark, trade secret, copyright, or other intellectual property right;  constitutes unauthorized advertising, solicitation for goods or services, or  solicitation of funds; constitutes unsolicited bulk e-mail, junk mail, spam, or  chain letters; is intended to interrupt, destroy or limit the functionality or  integrity of any computer software; or violates any applicable laws or  regulations. Any conduct by a visitor that violates this Agreement in any way  may result in the suspension or termination of the visitor's registration and  access to the Website.

Submissions  or postings by you to the Website will be posted in public areas on the  Website. JBFCS shall not be responsible for the action of any visitors or third  parties with respect to any information, materials or content posted, uploaded  or transmitted in, on, or through these Interactive Features.

By  participating in any of the Interactive Features, you agree to follow the Terms  of Use as set forth in this Agreement. Postings to public areas may not always  be reviewed by JBFCS prior to appearing on the Website and JBFCS reserves the  right to 1) change, delete, or remove, in part or in full, any postings in the  Interactive Features; 2) terminate or suspend access to such areas for conduct  that we believe, in our sole discretion, interferes with other peoples' use of  the Website; and/or 3) cooperate if deemed necessary with local, state, and/or  federal authorities in accordance with applicable law.

You  must be at least thirteen (13) years of age to use or participate in the  Website’s Interactive Features.  JBFCS  will not accept registrations or knowingly allow the use of or participation in  its Interactive Communication Features by persons under thirteen (13) years of  age.

JBFCS  may allow users to post comments ("Comments") which are governed by  the terms of this Agreement. Such Comments do not necessarily reflect the views  of JBFCS or its subsidiaries, agencies, agents, licensees and affiliates, and  JBFCS does not assume responsibility or liability for any Comments or for any  claims, damages, or losses resulting from the posting of any Comments. Comments  that are submitted to the Website shall be owned exclusively and in perpetuity  by JBFCS, and JBFCS and its subsidiaries, agencies, agents, licensees and  affiliates shall have the unrestricted, perpetual, and exclusive right to use,  reproduce, modify, translate, transmit, distribute or otherwise exploit any and  all materials and communications. JBFCS has no obligation to give credit or pay  any consideration to you for any Comments.

JBFCS  may participate in the Interactive Features.   However, neither the staff of JBFCS or the staff of JBFCS’s  subsidiaries, agencies, agents, licensees or affiliates offer professional  advice of any kind through the Interactive Features and any statements or comments  by such staff should not be construed as professional advice.

10.  Third Party Links and Service  Providers

The  Website may contain links to third parties’ sites and resources. These links  are provided solely as a convenience to our visitors and do not constitute an  endorsement by JBFCS of any third party resource or content.  The links do not imply that JBFCS sponsors,  is affiliated or associated with, or otherwise recommends, certifies or  endorses the third party site.  JBFCS  reserves the right, in its sole discretion, to terminate links with any third  parties or other websites that it deems inappropriate.

JBFCS  does not represent or endorse the accuracy or reliability of any facts, advice,  opinions, statements or other information provided by third parties either on  our Website or through links to the Website. You acknowledge that any reliance  upon any such facts, advice, opinions, statements or other information shall be  at your sole risk and you agree that JBFCS shall not be held responsible or  liable, directly or indirectly, for any loss, harm or damage caused or alleged  to have been caused in any way related to any facts, advice, opinions,  statements or other information displayed on or linked through the Website.

Certain  features or functions of the Website may be hosted, managed, maintained and/or  processed by or through third party service providers.  In using any of these features or functions,  for example, uploading a resume or making a donation online, your Internet  browser may automatically be directed to and opened by a third party web site  and/or your information may be furnished to a third party service provider for  processing (including, without limitation, the processing of your credit card  information) and storage. JBFCS makes no representations about the content,  functionality or practices of such third party sites and resources or third  party service providers, and disclaims any and all warranties, express or  implied, with respect thereto.  Unless  explicitly stated on the Website, JBFCS shall not be responsible for the  privacy or other practices of third party service providers, or the acts or  omissions of any third party service provider.

11.  Text Messages and Mobile Alerts

The  Website may offer text message and mobile alerts. By using such services, you  agree to be legally bound by the terms of this Agreement and our Privacy  Policy. If you do not agree with these terms, please do not use these services.  There may be a service fee charged by your wireless service provider for using  these services and you will need to contact your wireless service provider if  you have questions about your service plan.

12.  International Users

The  Website is controlled, operated and administered from within the United States.  JBFCS makes no representation that the Website or content on the Website are  appropriate or available for use outside of the United States, and access to  the Website where the Website or the content on the Website is illegal is  prohibited. If you access the Website from outside the United States, you are  responsible for compliance with all applicable local laws and regulations.

13.  Restriction or Termination

JBFCS  reserves the right, in its sole discretion, to restrict, suspend or terminate  your access to all or any part of the Website at any time for any reason  without prior notice.

14.  Disclaimer of Warranties

YOUR  USE AND BROWSING OF, AND ANY RELIANCE UPON, THE WEBSITE IS AT YOUR OWN RISK. IF  YOU ARE DISSATISFIED WITH THE WEBSITE, OR WITH ANY OF THE TERMS AND CONDITIONS  OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING  AND USING THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE INFORMATION  ON THE WEBSITE IS PROVIDED "AS IS." JBFCS DOES NOT WARRANT, EITHER  EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY CONTENT OR INFORMATION  PROVIDED ON THE WEBSITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND  EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES  OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE WARRANTIES OF  NON-INFRINGEMENT OF THIRD PARTY RIGHTS, NON-INTERFERENCE, ACCURACY, TITLE,  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF JBFCS HAS BEEN MADE  AWARE OF SUCH PURPOSE) AND FREEDOM FROM COMPUTER VIRUS. NO ORAL OR WRITTEN INFORMATION  OR ADVICE GIVEN BY JBFCS OR AN AUTHORIZED REPRESENTATIVE OF JBFCS SHALL CREATE  A WARRANTY. NO NEWS ITEMS, PRESS RELEASES, CASE STUDIES OR TESTIMONIALS  PUBLISHED ON OR ACCESSIBLE THROUGH THE WEBSITE SHALL CREATE A WARRANTY.

15.  Limitation of Liability

ALTHOUGH  THE INFORMATION PROVIDED TO VISITORS ON THIS WEBSITE IS OBTAINED OR COMPILED  FROM SOURCES WE BELIEVE TO BE RELIABLE, JBFCS AND THE WEBSITE CANNOT AND DO NOT  GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION  OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR  PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JBFCS IS NOT LIABLE FOR OR  SHALL BE LIABLE FOR OR HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY  INJURY (WHETHER A COMMERCIAL INJURY OR OTHERWISE), LOSS OR DAMAGES THAT A  VISITOR INCURS, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF (A) ANY FAILURE  OR INTERRUPTION OF THE WEBSITE; (B) ANY ACT OR OMISSION OF ANY THIRD PARTY  INVOLVED IN MAKING THE WEBSITE OR THE DATA CONTAINED HEREIN AVAILABLE TO  VISITORS; (C) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR  INABILITY TO ACCESS OR USE, ANY PORTION OF THE WEBSITE OR CONTENT ON THE  WEBSITE; (D) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON THE WEBSITE; OR (E)  ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE  CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF  JBFCS. IN NO EVENT SHALL JBFCS BE LIABLE TO ANY VISITOR FOR ANY DIRECT,  SPECIAL, INDIRECT,  CONSEQUENTIAL, OR  INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF JBFCS OR  OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT  ONCE YOU LEAVE THE WEBSITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE  TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE  THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL AND SERVICE  PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. JBFCS SHALL NOT BE  RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE  OTHER SITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE WEBSITE.

16.  Indemnity

WITHOUT LIMITATION OF ANY OTHER PROVISION CONTAINED IN  THIS AGREEMENT, YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND  HOLD JBFCS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, HARM, DAMAGES,  LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS,  ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT  YOU SUBMITTED IN CONNECTION WITH THE WEBSITE; (B) ANY FRAUD, OR OTHER BREACH OF  THIS AGREEMENT, BY YOU; (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT  AGAINST JBFCS ARISING OUT OF YOUR USE OF THE SERVICES AND/OR CONTENT ON THE  WEBSITE; (D) ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT; AND/OR (E) YOUR VIOLATION  OF ANY LAWS, REGULATIONS, RESTRICTIONS OR RULES APPLICABLE TO THE WEBSITE.

17.  Release

In  the event that you have a dispute with one or more other users of the Website,  you release JBFCS (and our officers, trustees, directors, employees, agents,  successors and assigns) from claims, demands and damages of every kind and  nature, known and unknown, suspected and unsuspected, disclosed and  undisclosed, arising out of or in any way connected with such dispute.

18.  Security

You  agree to cooperate with any efforts that we may, in our sole discretion, deem  necessary to identify and take actions against possible fraudulent activities.  You further agree that if, for any reason, you are suspected of fraud or other  breach of this Agreement, we may, in our sole discretion, declare you to be in  breach of this Agreement, suspend your use of the Website, terminate your use  of the Website and/or seek prosecution against you to the fullest extent of the  law.

19.  Trademarks

All  trademarks, service marks and trade names of JBFCS, its agencies, operational  and service providers, subsidiaries, agents, and affiliates, including the  names Jewish Board of Family and Children’s Services and JBFCS (collectively  "Marks") are trademarks or registered trademarks of JBFCS. You may  not use, copy, reproduce, republish, upload, post, transmit, distribute or  modify the Marks in any way, including in advertising or publicity pertaining  to distribution of materials on this Website, without JBFCS’s prior written  consent. The use of the Marks on any other web site or network computer  environment is not allowed.

20.  Force Majeure

Neither  JBFCS nor you shall be responsible for damages or for delays or failures in  performance resulting from acts or occurrences beyond their reasonable control,  including, without limitation: fire, lightning, explosion, power surge or  failure, water, acts of God, war, revolution, civil commotion or acts of civil  or military authorities or public enemies; any law, order, regulation,  ordinance or requirement of any government or legal body or any representative  of any such government or legal body; labor unrest, including, without  limitation, strikes, slowdowns, picketing or boycotts; or inability to secure  raw materials, transportation facilities or fuel, energy shortages, or acts or  omissions of other common carriers.

21.  Choice of Law and Forum

This  Agreement and all matters relating to your access to, and use of, the Website  shall be governed by the laws of the State of New York without regard to its  conflict of laws. Any dispute arising out of or relating to this Agreement or  your access or use of the Website shall be subject to the exclusive  jurisdiction of the federal or state courts located in New York County in the  State of New York, and you hereby submit to the personal jurisdiction of such  courts. If any provision in this Agreement is held invalid or unenforceable,  that provision shall be construed in a manner consistent with the applicable  law to reflect the original intent of the provision, and the remaining  provisions of this Agreement shall remain in full force and effect. This  Agreement constitutes the entire agreement between the parties relating to the  subject matter hereof and shall not be amended, modified or revised by you.

22.  Additional Assistance

If  you do not understand any of the foregoing Terms of Use or if you have any  questions or comments concerning these Terms of Use or the Website, please contact  us at webmaster@jbfcs.org.
 
IF  YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS OF THIS  AGREEMENT, OR ARE NOT AUTHORIZED TO AGREE TO THIS AGREEMENT, PLEASE EXIT THE  WEBSITE.

 © 2010 Jewish Board of Family and Children’s  Services, Inc.

 

 

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