TERMS OF USE

Last updated: January, 2018

1.Safer-together.com These Terms and Conditions are an agreement between Safer-Together and you and govern your use of the Website and all information available on or submitted through the Website. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY.

2.Copyright and Ownership.

All of the content featured or displayed on the Website including, without limitation, text, graphics, photographs, images, moving images, sound and illustrations (“Website Content”), is owned by Safer-Together, its partners, licensors, vendors, agents and/or content providers. All elements of the Website including, without limitation, the general design and the Website Content, are protected by applicable trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as may otherwise be indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational and non-commercial purposes only. You may not modify any of the materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under all applicable copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms and Conditions, the use of any such material on any other website or networked computer environment is strictly prohibited. You shall comply at all times with all applicable domestic and international laws, Safer-Together statutes, ordinances and regulations regarding your use of the Website. The Website, Website Content and all related rights shall remain the exclusive property of Safer-Together or its licensors unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or other proprietary notices from material found on this Website.

3. Website Activities.

Safer-Together reserves the right to modify the Website at any time without notice to you. We will have no liability whatsoever on account of any change to the Website or any suspension or termination of your access to or use of the Website. Safer-Together also reserves the right to change, remove or Safer-Together discontinue any Website Content and/or User Generated Content, functionality and services in our sole discretion at any time. We may do this for particular activities even if you have started to participate in such activities prior to the date of such change, removal or discontinuation. For example, we can change a job or grant description at any time and from time to time, even if you have already applied for such job or grant. Not all jobs, grants or other opportunities are posted on the Website or at all; we use various methods for pursuing our Mission and they are not limited to postings on the Website.

4. Disclaimers.

YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT OF INTELLECTUAL PROPERTY. SAFER-TOGETHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND SAFER-TOGETHER DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. WE ARE UNDER NO OBLIGATION TO EDIT OR CONTROL USER GENERATED CONTENT THAT YOU AND OTHER USERS POST OR PUBLISH. WE DO NOT ENDORSE, REPRESENT, OR GUARANTEE THE COMPLETENESS, ACCURACY, RELIABILITY OR USEFULNESS OF ANY USER GENERATED CONTENT. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER GENERATED CONTENT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

 

5. Limitations of Liability.

The Website is provided “as is”. Safer-Together does not assume any responsibility for, and will not be liable for, any damages to, or any virus that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or Safer-Together browsing of this Website, or your downloading of any information or materials from this Website. We do not guarantee continuous, uninterrupted or secure access to our Website, and operation of the Website may be interfered with by numerous factors including those which are internal to Safer-Together and those outside of our control. In no event will Safer-Together, or any of its officers, directors, employees, shareholders or agents, or any party involved in the creation, production or transmission of this website or any of the successors or assigns of any foregoing, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, but not limited to, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any third party websites, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. You specifically acknowledge that Safer-Together shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

In the event of any problem with this website or any content on this website, you agree that your sole remedy is to cease using this website. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

6. Indemnity.

You agree to defend, indemnify and hold Safer-Together harmless from any and all liabilities, costs and expenses including reasonable attorneys’ fees, related to, arising out of or in connection with: (a) the use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (b) your violation of any of these Terms and Conditions including, without limitation, your breach of any of the representations and warranties or other undertakings above; (c) your violation of any third-party rights, including without limitation, any rights of privacy, publicity rights or other intellectual property rights; (d) your violation of any law, rule or regulation of the United States, any state or municipality thereof or any other country; (e) any claim, damages or other causes of action that may arise as a result of any user submission that you provide to Safer-Together; or (f) any other party’s access to and use of the Website with your Personal Identification.

7. Legal and Other Notices or Disclosures.

(a) Notice to You: You agree that we may give all notices we are required to give you by posting notice on the Website or, if we have your email address, by sending notice by email at our sole discretion including, without limitation, disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. When we communicate by email, we may use any email address you provide when communicating with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications including “legal”, “quasi-legal” or potentially sensitive communications such as information about a job or grant application. You agree to check for notices posted on the Website.

8. Additional or Required Notices.

Various laws, rules and regulations may require or allow us to give users certain notices and each of them is incorporated into these Terms and Conditions:

(a) Safer-Together will not give, sell or otherwise transfer addresses maintained by it to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate Safer-Together personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (i) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “CAN-SPAN Act of 2003”) that does not meet the message transmission requirement of that act; or (ii) assist in the origination of such messages through the provision or selection of addresses to which the message will be transmitted.

(b) Safer-Together respects the intellectual property rights of others and requests that Website users do the same. Safer-Together complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers.

Any notice to Safer-Together alleging that materials hosted by or distributed through the Website infringe intellectual property rights must contain the following information:

  1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;

  2. Identification of the copyrighted work claimed to have been infringed;

  3. Identification of the material that is claimed to be infringing or information reasonably sufficient to permit Safer-Together to locate the material;

  4. The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

  5. A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

9. Termination of Use. If you violate these Terms and Conditions, your permission to use the Website will automatically terminate. Additionally, Safer-Together, in its sole discretion may terminate your user account on the Website or suspend or terminate your access to the Website at any time, with or without notice.

10. Miscellaneous.Any claim relating to, and the use of, this Website and the materials contained herein shall be governed by the law of the internal laws of the State of New York, without regard to any conflict of law principles that would result in the application of the laws of any other jurisdiction. You consent to Safer-Together the exclusive jurisdiction of the State of New York and Federal Courts of the United States, in each case, located in the City and County of New York.

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced in their entirety. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Upon termination of these Terms and Conditions, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to Sections 10 (Limitations of Liability) and 11 (Indemnity).

These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof and supersede any prior understandings or agreements, whether written or oral. We reserve the right, at our discretion, to change the Terms and Conditions on a going forward basis at any time. Please check the Terms and Conditions periodically for changes.

The foregoing does not impair the enforceability of additional agreements you may enter into from time to time with Safer-Together including, for example, an agreement for a grant.

Our failure to act with respect to a breach by you does not waive our right to act with respect to concurrent, subsequent or similar breaches.