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Terms of Use

Terms of Use

Effective Date: April 16, 2018

These Terms of Use govern your access to and use of https://nyckidsrise.org/ (the “Site”), including all content provided on or through the Site by NYC Kids RISE, Inc. (“NYC Kids RISE”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE.

Modifications

NYC Kids RISE reserves the right, in its sole discretion, to modify and update these Terms of Use, as well as any aspect of the Site at any time without prior notice. Your continued access to or use of the Site will constitute your acceptance of any modifications and updates made by NYC Kids RISE.

Content

The Site and all intellectual property associated with the Site (collectively, the “Content”) are the sole property of NYC Kids RISE or third parties, and are protected by copyright and other laws, both in the United States and in other countries. You may not reproduce, decompile, disassemble, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Content, except as expressly permitted in these Terms of Use. NYC Kids RISE grants you a limited, non-transferable, non-sublicensable, revocable license to access and use the Content only in the manner presented by NYC Kids RISE, provided that you keep intact any copyright or other proprietary notices displayed therein. Except for this limited license, NYC Kids RISE does not convey any interest in or to the Content by permitting you to access and use the Site. Any unauthorized use of the Content shall be grounds for termination of your access to the Site. All rights not expressly granted herein are reserved by NYC Kids RISE and its licensors.

Use by Minors

If you are under the age of eighteen years old (or such other age of majority in your State), then you must make your parent or guardian aware that you are using this Site. Your use of this Site is the responsibility of your parent or guardian and may affect their legal rights and obligations.

Requirements

Use of the Site requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. You agree that meeting these requirements, which may change from time to time, is your responsibility.

Restrictions

The Site may not be used for your commercial or business-related activities or to solicit others. You agree not to knowingly or recklessly introduce a virus, Trojan horse, worm, logic bomb or other harmful component, or otherwise tamper with, impair or damage the Site or connected network, or interfere with any person’s use or enjoyment of the Site. You agree not to access, monitor or copy any element of the Site using a robot, spider, scraper or other automated means or manual process without NYC Kids RISE’s express written permission. You must not attack the Site via a denial-of-service attack.

NYC Kids RISE shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, worms, logic bombs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or any website linked to it.

You may not access or use the Site in violation of United States export control and/or economic sanctions requirements. By acquiring Content through the Site, you represent and warrant that your access to and use of the Site will comply with applicable requirements.

Without limiting NYC Kids RISE’s other rights or remedies, NYC Kids RISE reserves the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this “Restrictions” clause, and to disclose such information to law enforcement agencies as NYC Kids RISE reasonably believes is necessary.

Links

This Site may include links to third party websites and resources (“Third Party Sites”). Links to Third Party Sites are provided solely as a convenience to you, and do not constitute an endorsement by NYC Kids RISE of any content of such Third Party Sites. Different terms and conditions may apply to your use of any Third Party Sites. NYC Kids RISE is not responsible for any losses, damages or other liabilities incurred as a result of your use of any Third Party Sites.

Third Party Features

Certain features or functionality on the Site may be operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, “Third Party Features”) may be subject to separate terms and conditions offered by such Third Party Providers. These Terms of Use do not apply to your use of such Third Party Features. YOU ACKNOWLEDGE THAT NYC KIDS RISE IS NOT RESPONSIBLE OR OTHERWISE LIABLE TO YOU FOR THIRD PARTY FEATURES OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT NYC KIDS RISE.

Warranty Disclaimer

THIS SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NYC KIDS RISE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING (I) THE SITE OR THE CONTENT AVAILABLE ON THE SITE; (II) ANY THIRD PARTY SITES OR THIRD PARTY FEATURES; (III) THE RESULTS OBTAINED OR TO BE OBTAINED FROM THE SITE; (IV) THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR TIMELINESS OF THE SITE OR ITS CONTENT; OR (V) THE ABSENCE OF ANY VIRUSES OR OTHER MALWARE IN THE SITE. YOU ACKNOWLEDGE THAT ALL CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND YOU ARE USING THE SITE AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, NYC KIDS RISE AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SITE OR ITS CONTENT. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS OF WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NYC KIDS RISE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR ANY OTHER DAMAGES, ARISING OUT OF OR RELATED IN ANY WAY TO THE SITE OR ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT NYC KIDS RISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction

The laws of the State of New York govern these Terms of Use and your use of the Site, and you irrevocably consent to the exclusive jurisdiction of the state and federal courts located in the State of New York for any action arising out of or relating to these Terms of Use or your use of this Site. NYC Kids RISE recognizes that it is possible for you to obtain access to this Site from any jurisdiction in the world, but NYC Kids RISE has no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of New York and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access the Site, you are not permitted to use this Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Termination

If you are dissatisfied with any portion of the Site, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site. NYC Kids RISE may terminate your access to the Site immediately without notice if you fail to comply with these Terms of Use.

General

To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as modified, will remain in full force and effect. This is the entire agreement between you and NYC Kids RISE relating to the subject matter herein. When you use parts of the Site or send e-mails to NYC Kids RISE, you are communicating with NYC Kids RISE electronically. You consent to receiving communications from NYC Kids RISE electronically. NYC Kids RISE may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that NYC Kids RISE provides to you electronically satisfy any legal requirement that such communication be in writing and are effective immediately.

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