Terms of UseBy using this site (the “Site”), you signify your agreement to all terms, conditions, and notices contained or referenced herein (“Terms of Use”). If you do not agree to the Terms of Use, please do not use the Site. Boston Youth Sanctuary, Inc. (“BYS”) reserves the right, in its discretion, to update or revise the Terms of Use. Please check periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. GENERALYou may not use the Site for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BYS or others. Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means. Additional terms and conditions may apply to specific portions of the Site, and such terms and conditions are made a part of the Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between the Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site. THIRD PARTY SITESThe Site may link you to other web sites on the Internet. Such other web sites may not be under the control of BYS, and you acknowledge that BYS is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect(s) of the content of sites that are not under the control of BYS. The inclusion of such a link does not imply endorsement of the site by BYS or any association between BYS and the operators of such other site. LINKING TO THE SITEGenerally, BYS does not mind if you have a text link from your web site to the Site. However, you may not frame or “mirror” the Site or incorporate pieces of it into a different web site or product. Links to the Site must clearly identify BYS as the source of information displayed and preserve the integrity of web pages associated with the Site without alteration. Further, you may not link to the Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation. PROPRIETARY RIGHTSBYS is the owner of all intellectual property rights, including, without limitation, all copyrights and trademarks, associated with the Site, with all rights reserved, exclusive of content provided by third parties, which is owned by the licensors of such content. You acknowledge and agree that the content and materials available on the Site, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws. BYS grants you a non-exclusive license to download, print, and make a reasonable number of copies of the content and materials available on the Site solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Except as set forth in the preceding sentence or as separately authorized in writing by BYS, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from such content or materials. Use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited. You acknowledge and agree that the unauthorized use of the contents and materials on the Site could cause irreparable harm to BYS or its licensors and that in the event of such unauthorized use, BYS or its licensors shall be entitled to injunctive relief in addition to any other remedies available at law or in equity. BYS cautions you that some documents, photos, and other content may have been published on the Site with the permission of the relevant copyright owners (who are not controlled by BYS). All rights in such documents, photos, and other content are reserved to their owners, and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners. If you have any questions about the non-exclusive license granted herein or if you would like to request additional rights, please write to Boston Youth Sanctuary, Inc., 1745A Washington Street, Boston, MA 02118, contact@bostonyouthsanctuary.org USER CONTENTFrom time to time, some of the content displayed on the Site may be submitted, transmitted, posted, or otherwise provided by users of the Site over whom BYS exercises no control (“User Content”). BYS disavows responsibility for User Content to the extent permitted by law, and has no obligation to screen any User Content in advance. BYS may in its sole discretion at any time remove or alter any User Content or take any other actions with respect to such User Content. BYS has no liability or responsibility to users for performance or nonperformance of such activities. Should you come across any content that you find objectionable, you can bring it to our attention by e-mailingcontact@bostonyouthsanctuary.org FEEDBACK AND SUBMISSIONSYou agree that you are and shall remain solely responsible for the contents of any submissions you make and that you will not submit anything to the Site that will violate any right of any third party, including copyright, trademark, patent, trade secret, privacy or other personal or proprietary rights. From time to time, the Site may provide you an opportunity to communicate with BYS and with other users of the Site. Please be aware that any communication to BYS through the Site or otherwise, whether such communication consists of suggestions, ideas, graphics, or other material, will be treated as nonconfidential and nonproprietary. Anything you submit, transmit, or post becomes the property of BYS, and BYS is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you. REGISTERED USER ACCOUNT, PASSWORD, AND SECURITYIn order to access some features of the Site, you may need to create a user account with an e-mail address and/or other personal information. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of any user ID and password, and you are fully responsible for all activities that occur under your account. BYS disclaims any and all liability or responsibility for such use. DISCLAIMER OF WARRANTIES AND LIABILITYThe information available on the Site is for informational purposes only. You should not assume that the information provided is always complete, reliable, or up to date. Nothing on this Site should be interpreted as medical advice. You bear the sole responsibility for evaluating the merits and risks associated with the use of any data, information, or content on this Site before making any decisions based on such data, information, or content. In exchange for using such data, information, or content, you agree not to hold BYS or any of its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Site. From time to time, the Site may feature various information concerning health care. While we hope you find the information helpful, if you are a health care professional you should remember that the content on the Site is not meant to serve as a substitute for your own clinical judgment. If you are a consumer who chooses to use the information on the Site, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified health care professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. BYS DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL BYS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES BYS SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW. INDEMNIFICATIONYou agree to defend, indemnify, and hold harmless BYS, its affiliates, and their respective employees, contractors, officers, directors, members, managers, partners, and shareholders (each an “Indemnitee”) from and against all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site. Each Indemnitee reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with such Indemnitee in asserting any available defenses. INTERNATIONAL USEBYS makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them is prohibited in territories where viewing or downloading their content is in violation of local law. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTIf you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to BYS:
Please send such notice to:
BYS will take reasonable steps to promptly notify the user whose submission was removed or disabled that BYS has removed or disabled access to such content. COUNTER-NOTICEIf you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to BYS:
Please send such notice to:
If a counter-notice is received by BYS, BYS may send a copy of the counter-notice to the original complaining party informing that person that BYS may restore the removed content or cease disabling access to it in 10 business days. Unless the copyright owner files an action seeking a court order against the member or user, BYS may replace the removed content and cease disabling access to it in not less than 10, nor more than 14, business days after receipt of the counter-notice. CHOICE OF LAW AND FORUMThe Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules. Except as provided in the “Counter-Notice” section above, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of the Site shall be the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. SEVERABILITY AND INTEGRATIONUnless otherwise specified herein, these Terms of Use constitute the entire agreement between you and BYS with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and BYS with respect to the Site. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of BYS, and the remaining portions shall remain in full force and effect. TERMINATIONBYS reserves the right, in its sole discretion at any time, to terminate your access to all or part of the Site and/or to remove any content and materials from the Site, with or without notice. You agree that BYS shall not be liable to you or any third party for any termination of your access to the Site or for removal of information from the Site. Last updated: March 26, 2012 |