JVS, Inc.
through its Yesodot program (“Yesodot”)
has created this web site to provide online family support
for families with a child, youth or young adult family member
with a disability.
To assist you in using our www.yesodot.org
web site (the “Web Site” or the “Site”),
and to ensure a clear understanding of the relationship arising
from your use of our Site, we have created a Privacy Policy
and a set of Terms and Conditions of Use. Our Privacy
Policy explains how we protect and treat contact and other
information you provide to us through the Site, and our Terms
and Conditions of Use govern your use of our Site
generally. Please read our Privacy
Policy and our Terms and Conditions of Use
carefully – they impose legal obligations on
you. By using or accessing our Site, you are acknowledging
that you have read and understood these terms and agree to
be legally bound by them.
JVS is providing the content on this site for informational
purposes only. The information provided is not comprehensive
and JVS is not responsible for its accuracy. This information
does not constitute medical, legal, educational, technical,
therapeutic or other advice and must not be construed as such,
nor is the information on the website intended to substitute
for informed professional advice, treatment or consultation,
or informed consumer inquiry. The user is encouraged to check
the references and background of any resources, information,
products and services listed. This website also provides links
to other websites. JVS has not screened those websites and
is not responsible for their content or accuracy. Inclusion
on a list of links to other websites does not constitute endorsement
by JVS, nor are products, services, resources or other information
mentioned on those websites endorsed by JVS. Parents are urged
to monitor their children’s Internet use.
Terms and Conditions of Use
PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE.
These Terms and Conditions of Use (“Terms
and Conditions”) constitute the contractual agreement
between you and JVS regarding your use of our Site and any
activities or transactions you may conduct through the Site.
In these Terms and Conditions, the words “you”
and “your” refer to any person accessing the Site,
and the words “we,” “us,” and “our”
refer to Yesodot and JVS.
By using our Site, you agree to these Terms and Conditions.
1. Overview
We have organized the elements of our Terms and Conditions
in sections. To access a particular topic, please click on
the link below.
We have also included a variety of links in the body of our
Terms and Conditions to connect related
provisions and further assist you in navigating and understanding
the Terms and Conditions. If after reading through these Terms
and Conditions you still have questions, please feel free
to contact us by clicking on the following link: contact
us.
While you can visit our Site, and review a range of information
without registering, to post information on our Site, and
to obtain access to certain other materials or information
from our Site, we may ask that you become a registered user.
Our registration forms will specify the information which
you must provide in order to enjoy the particular feature,
and the information which you may, at your option, choose
to provide or withhold. In connection with registering at
our Site, you agree to provide us with accurate, complete,
and updated information required by the registration form
("Registration Data"), including, without limitation,
your legal name, address, telephone number(s), applicable
payment data (e.g., credit card number and expiration date)
and such other information that may be required by such forms.
You agree to notify us within fourteen (14) days of any changes
in your Registration Data. Failure to comply with this provision
may result in immediate suspension or termination of your
right to use the Site. Information provided to us by you in
connection with registering at our Site will be protected
by us in accordance with the terms of our Privacy
Policy.
When you register at our Site, you will create a “user
id” and a “password,” providing you access
to associated services and materials. When you re-visit our
Site, this user id and password will provide this same access
to you. If you become a registered user of our Site, you agree
not to disclose your login name and password to any third
party. If at any time you believe that your login name and/or
password has been revealed to any other party, or otherwise
compromised, you agree to change your login name and/or password
immediately through our “Edit Profile” page on
our Site. You agree to be responsible for, and to release,
indemnify and hold JVS and its officers, directors, employees
and agents harmless from any unauthorized use of your login
name or password.
If you become a registered user, certain portions of your
use of and access to the Site may be subject to payment of
certain fee(s) to us. We may offer different services or packages
for different fees as identified on our Site.
Unless otherwise noted, all text, images, illustrations,
designs, icons, photographs, video clips, sound clips, and
other materials that are part of this Site (collectively,
the “Contents”), are
copyrighted works, trademarks, trade dress, or other intellectual
properties owned, controlled, or licensed by JVS (or used
in accordance with “fair use” principles). The
Site as a whole is protected by copyright and trade dress,
all worldwide right, title and interest in and to which is
owned by JVS.
The trade names and trademarks present on the Site either
are owned by JVS, appear with the permission of their respective
owners, or appear under principles of “fair use.”
Unless otherwise noted, by using a third party’s trademark
or trade name on this Site, JVS does not intend to suggest
any affiliation with or endorsement of such third party or
its products or services, and JVS hereby expressly disclaims
any such affiliation or endorsement.
The Contents of our Site, and the Site as a whole, are intended
strictly for the purpose of providing information helpful
in the family support of families with a child, youth, or
young adult family member with a disability to the users of
our Site (collectively, “Permitted Uses”). You
may download and copy the Contents
displayed on the Site solely for such Permitted Uses, and
provided that you do not remove any copyright or other proprietary
notices contained on the materials. No right, title, or interest
in any downloaded materials or software is transferred to
you as a result of any such downloading or copying. You may
not reproduce (except as provided above), modify, publish,
distribute, sell, or exploit in any way, in whole or in part,
any of the Contents, the Site, or any related software. Use
of the Content or any related software which is not expressly
permitted by these Terms and Conditions constitutes a breach
of these Terms and Conditions, and may also constitute a violation
of copyright, trademark, and other law.
All comments, feedback, postcards, suggestions, ideas, information,
photographs, video clips, sound clips and other submissions
disclosed, submitted or offered to us in connection with your
use of this Site (collectively, “Comments”) shall
be the property of JVS. You agree that, as long as we comply
with our Privacy Policy,
we may use or disclose Comments in any manner. Without limiting
the foregoing, you acknowledge and agree that any Comments
you provide may be accessible by the public in general and/or
other users through use of the Site. Moreover, provided we
comply with our Privacy Policy, we shall be free to use, without
restriction and without compensation to you, any ideas, concepts,
know-how, suggestions, or techniques contained in any Comments
you send to the Site for any purpose whatsoever, including
but not limited to developing, manufacturing and marketing
products or services using such information.
JVS does not endorse, sanction or verify, and specifically
disclaims responsibility or liability for, any user Comments.
JVS has no obligation to respond to any Comments, and we reserve
the right, but undertake no duty, to review, edit, move, or
delete, in our sole discretion and without notice, any material
posted by users that we may include on the Site. You represent,
warrant and agree (i) that you are authorized to submit the
Comments you provide to us; and (ii) that all Comments submitted
by you to the Site do not and will not violate any rights
of any third party, including, without limitation, copyright,
trademark, privacy or other personal or proprietary right(s).
You agree to keep a copy of any Comments you provide, as JVS
shall have no obligation to return any Comments to you.
Without limiting any of the foregoing, you furthermore agree
that JVS may use or disclose information about you and your
use of the Site in accordance with our Privacy
Policy. With respect to any information relating to other
users of the Site to which you may be permitted access through
the Site, you agree that you may use such information only
in connection with activities related to the purpose of the
Site, which activities, without limitation, shall not
include (i) the sending of unsolicited communications of a
commercial nature; (ii) the sending of any other communications
after receiving notification that the recipient no longer
wishes to receive communications from you; or (iii) the sale
or rental of such personal information to any other parties.
In addition to other prohibited uses specified in these Terms
and Conditions, you are expressly prohibited from using our
Site to post or transmit any advertising, “spam,”
threatening, defamatory, profane, obscene, scandalous, or
inflammatory material, or any material that could constitute
or encourage conduct that would be considered a criminal offense,
give rise to civil liability, or otherwise violate any law.
JVS disclaims all responsibility or liability arising from
the content of any such postings, and assumes no responsibility
for any error, omission, defamation, falsehood, profanity,
obscenity, or threat contained in any information posted on
the Site or transmitted through the Site. As provided in our
Privacy Policy, JVS will
comply with court orders directing JVS to disclose the identity
of users posting such information or materials, or otherwise
directing compliance by JVS.
You agree to refrain from undertaking any activity that imposes
an unreasonable or disproportionate load on the Site. In addition,
you may not use any hardware, software, or routines, including
but not limited to any viruses, “bots,” or other
devices intended to interrupt or harm the workings of the
Site, and agree to refrain from any attempt to intercept,
access or monitor any system, data, or information on or in
transit to or from the Site.
JVS respects intellectual property rights, and will terminate
registered users and deny access to others who, in our discretion,
infringe the intellectual property rights of others. In addition,
JVS will use commercially reasonable efforts to accommodate
generally accepted technical measures used by copyright owners
to identify and protect their copyrighted works, as long as
these technical measures do not impose substantial costs on
us, or impose a substantial burden on our hardware, software,
or administrative systems.
If you believe that materials posted on our Site infringe
rights you enjoy under copyright law in specific materials
(collectively, a “Work”), we request that you
follow the procedure described below to notify us of your
concerns or objections. In turn, we agree to respond to your
notice, as outlined below, and remove, or disable access to
material that you believe infringes your Work.
If you believe materials posted on our Site infringe the
copyright in your Work, you must direct your concerns to our
agent, designated under the Digital Millennium Copyright Act
(17 U.S.C. §512) to respond to such concerns (our “Designated
Agent”): info@yesodot.org
Yesodot
29 Winter Street, 3rd Floor
Boston, MA 02108
Attention: S. Wolf-Fordham
You should notify our Designated Agent of your concerns as
follows:
Place your concerns in writing, and sign the document;
Identify the Work, which you believe is being infringed;
Identify the material on our site which you believe infringes
your Work, and identify this material in a sufficient manner
to permit us to locate the material without undue searching;
and
Provide in your notice sufficient information for us to
contact you, including an address, telephone number, and,
if available, an e-mail address.
To qualify for protection under this Section, you must in
good faith believe the challenged use is unauthorized, and
all statements in your notice must be accurate, and signed
under penalty of perjury.
Upon receipt of a proper notice in the form specified above
(a “Notice”), we
will remove or disable access to the materials on our site
which you assert infringe your Work. We will also take steps
to promptly notify the person or persons responsible for the
allegedly infringing materials (the “Respondent”)
that we have removed or disabled access to the materials.
Under the Digital Millennium Copyright Act, the Respondent
is provided an opportunity to dispute your claim that his
or her materials infringe your Work. By law, the Respondent
may provide us with a “counter-notification.”
Upon receipt of a proper counter-notification, we will act
as provided in the Digital Millennium Copyright Act.
JVS does not control the availability or content of any outside
web sites, services, or resources to which this Site may link.
Concerns regarding any such service, resource, or link should
be directed to the particular outside service or resource.
JVS does not necessarily endorse, sanction, or verify sites
to which our Site links, and we provide these links merely
for our users’ convenience. Access to other sites linked
to this Web Site is at your own risk, and we disclaim all
liability with regard to your access to such linked web sites.
In addition, we do not necessarily endorse, sanction, or verify
sites that link to this Site, even if any logo or mark of
JVS or Yesodot is used as part of the link to this Site.
While we use reasonable efforts to include and to pass on
to others associated with this Site accurate and up-to-date
information, we make no warranties or representations as to
such information. JVS SHALL HAVE NO LIABILITY OR RESPONSIBILITY
FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT
ON THE SITE OR INFORMATION FLOWING THROUGH THE SITE.
You acknowledge that documents posted to and Content available
at the Site may contain computer viruses. Should you download
any such materials from the Site, IT IS YOUR RESPONSIBILITY
TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS
YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE
FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED
FROM THE SITE.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN
“AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE, ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT,
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE
IS AT YOUR SOLE RISK, AND AGREE TO VERIFY ANY INFORMATION
BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY FOR
ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS
OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR
SITE.
Please note that some jurisdictions may not allow the exclusion
of implied warranties, so some of the above exclusion may
not apply to you. Check your local laws for any restrictions
or limitations regarding the exclusion of implied warranties.
NEITHER JVS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING
OUT OF YOUR, OR ANY OTHER PARTY’S, ACCESS TO, OR USE
OF, THE SITE. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:
ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE
TO ACTS OF GOD, TELECOMMUNICATIONS AND/OR NETWORKING FAILURE,
OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL;
ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS
IN RESPECT OF THE CONTENT OR OUR SERVICES; OR
ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN
RELIANCE UPON THE SITE CONTENT OR OUR SERVICES.
This Site is controlled and operated by JVS from its location
in Boston, Massachusetts. These Terms and
Conditions of Use, and our Privacy
Policy, shall be construed in accordance with the laws
of the Commonwealth of Massachusetts, without regard to any
conflict of law provisions. Any dispute arising under this
Agreement shall be resolved exclusively by the state or Federal
courts sitting in Suffolk County, Massachusetts.
JVS makes no representation that the information in the Site
is appropriate or available for use in locations outside the
United States, and access to this Web Site from locations
where the provision of such information may be illegal is
prohibited. Users who determine to access this Web Site from
such locations do so on their own initiative and are responsible
for compliance with all applicable local laws.
We may make improvements or other changes to the Site, or
to the information and services offered at the Site, without
notice to you. We may add, delete, move, or modify some or
all of the Site at any time. We may make such changes for
any reason, including, without limitation, changes due to
the circumstance (a) that an agreement with a third party
cannot be maintained on terms reasonably acceptable to us;
or (b) that the Site or its components become illegal or contrary
to law or relevant regulation.
In addition, we may from time to time change these Terms and
Conditions governing your use of our Site. We will post these
changes here, in our Terms and Conditions. Your use of our
Site following any such change constitutes your agreement
to follow and be bound by the Terms and Conditions, as changed.
JVS may wish at some point to assign or transfer its rights
in this Web Site to a third party. You agree that JVS may
transfer or assign to a third party all of its rights and
obligations with respect to you, including any rights and
obligations with respect to your personally identifiable information,
on the condition that such third party agree to abide by JVS’s
then-applicable Privacy Policy.
You agree to indemnify JVS, and its officers, directors,
employees, agents, licensors, and suppliers against any loss,
damage, costs or expenses arising out of or in connection
with your use of the Site and any claim by a third party against
us as a result of any breach by you of these Terms and Conditions,
including any misuse of the Content.
JVS may discontinue, change, or restrict your use of this
Web Site for any reason without notice. Moreover, we reserve
the sole and absolute discretion and right to deny, revoke,
or otherwise restrict the access privileges of any user that
at any time fails to comply with these Terms
and Conditions, including the right to block access from
a particular Internet address to the Web Site.
If any provision of these Terms and Conditions
or our Privacy Policy is
found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms
and Conditions or the Privacy
Policy, which shall remain in full force and effect. No
waiver of any provision of these Terms and
Conditions or the Privacy
Policy shall be deemed a further or continuing waiver
of such provision.
Without limiting any other provisions of these Terms
and Conditions or the Privacy
Policy, your indemnification obligations under Section
2 (Registration for Certain Users) and Sections 3 (Certain
Fees for Registered Users), 4 (Ownership of Site Contents),
6 (User Comments and Submissions), 10 (Disclaimer of Warranties),
11 (Limitation of Liability), 12 (Choice of Law and Jurisdiction),
14 (Assignment), 15 (Indemnities), 17 (Severability) and 19
(Complete Agreement) of these Terms of Use; shall survive
any termination of these Terms of Use and/or the Privacy Policy.
In addition to these Terms and Conditions,
your use of our Site is also subject to our Privacy
Policy. Together with our Privacy
Policy, these Terms and Conditions
constitute the entire agreement between you and JVS with respect
to use of the Site and supercede any and all prior representations
and agreements, oral or written, relating to the subject matter
hereof.
By using our Web Site, you agree to comply with, and be bound
by these Terms and Conditions. If you do not agree with some,
or all of these Terms and Conditions, please refrain from
visiting our Site.
Mailing address:
Yesodot
JVS
29 Winter Street 5th Floor
Boston, MA 02108
To become a member or to join our mailing
list go to our 'Join' page.
To contact our webmaster with questions about
the website and/or website accessibility, send email to Cindy Beth
Bittker at: cindy@smallworldgraphics.com
