Last Updated 11/1/2016.
Terms & Conditions of Use
We welcome you to www.safehorizon.org; putthenailinit.com; championyc.org and nyscarcc.org, the Safe Horizon, Inc. web sites (collectively referred to as the “Sites”). Your access to these Sites is offered by Safe Horizon, Inc. (referred to as “we, ” “us, ” or “Safe Horizon”) under these Terms and Conditions of Use (referred to as this “Agreement”). This Agreement is intended to constitute a binding contract. By using any of the Sites, you agree to be bound by the terms of this Agreement. Please read them carefully.
1. Responsible Conduct.
You agree to act responsibly and respectfully when using the Sites. Parents, legal guardians and responsible adults should supervise any person under the age of eighteen (18) (referred to as a “Minor”) seeking to gather information on getting help or using the services provided by the Sites. For the avoidance of doubt, the Sites are not intended for use by anyone under the age of thirteen (13).
2. Not Counseling, Therapy or Legal Advice.
The information and services provided on and through the Sites are intended to provide support and general information only, and should not be used as a substitute for counseling or therapy by a licensed professional. In addition, legal information provided on and through the Sites is not intended to replace legal advice from a licensed attorney. No attorney/client relationship shall be formed between you and us as a result of your access to and use of the Sites. Site users who need a lawyer should contact their local bar association, legal services program, legal aid society or public defender’s office.
3. Intellectual Property Rights; Limited License; No Linking.
Original material which we post on the Sites, including text, data compilations, images, graphics, logos and the overall “look and feel” of the Sites, is owned or licensed by Safe Horizon, and is protected by all applicable domestic and international intellectual property laws. SAFE HORIZON, safehorizon.org and the Safe Horizon, Inc. logo are trademarks and/or service marks and the exclusive property of Safe Horizon, Inc. You are granted a limited license to access the material on the Sites for non-commercial purposes, and to print individual copies of any content posted at the Sites solely for your own personal use. Other than the individual copies described above, any reproduction, transmission, publication, adaptation, distribution, performance or display of the Sites’ content, whether by electronic or non-electronic means, is prohibited. In addition, Safe Horizon, Inc.’s express consent is required prior to creating any hyperlink to any of the Sites.
4. Digital Millennium Copyright Act Compliance.
Safe Horizon respects the intellectual property rights of others. If you believe that any content appearing on any of the Sites, or on a site to which any of the Sites link, is an unauthorized copy of your work in a way that constitutes copyright infringement, please contact us at the address for legal notices set forth in paragraph 16 below. However, Safe Horizon, Inc. does not monitor or control the content of any third-party sites linked to or from our Sites, and therefore Safe Horizon, Inc. is not responsible for the content of any sites linked to our Sites.
6. Notice to Minors.
The Sites are only intended for use by Minors under the supervision of a parent, legal guardian or a responsible adult. Minors should seek assistance and guidance from parents, legal guardians or responsible adults before accessing or using the Sites. As a reminder, the information provided on and through the Sites is intended to provide support and general information and should not be used as a substitute for counseling or therapy, or as legal advice. For the avoidance of doubt, the Sites are not intended for use by anyone under thirteen (13) years of age.
7. Links To Other Sites.
We provide links from our Sites to other web sites that contain additional information we think you may find helpful, as a convenience to you. We are not affiliated with the organizations that have created these web sites, have no control over content posted at these sites, and make no representations about any such content. If you believe that we have provided a link to a site that contains illegal, inappropriate or infringing material, please notify us so that we may evaluate whether, in our sole discretion, to disable our link. Please submit such notifications via e-mail to firstname.lastname@example.org.
If you violate any of the terms of this Agreement, you agree that we may deny you further access to the Sites. You agree that if asked, you will not attempt to access the Sites. You further agree, at your own expense, to defend, indemnify and hold harmless Safe Horizon, its corporate affiliates, independent contractors, services providers and consultants, each of their respective directors, employees and agents from and against all claims and all losses incurred or arising as a result of your conduct, your violations of this Agreement or your violation of the rights of any third-party in connection with your use of one or more of the Sites.
9. Disclaimer of Warranties.
In order to provide you with cost-free access and use of the Sites and the information and services, we are unable to offer any warranties or make any representations about the information or services that you obtain at the Sites. THE SITES ARE MADE AVAILABLE TO YOU “AS IS, ” WITHOUT ANY GUARANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITES, AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITES WILL BE SECURE OR CONTINUOUSLY AVAILABLE WITHOUT INTERRUPTION, OR THAT OUR SERVERS, OR E-MAILS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. To the extent that you might otherwise believe that any guaranties, warranties or representations have been made to you, including in this Agreement, you agree that such statements are merely non-binding expressions of policy.
10. Limitation on our Liability.
In order to provide you with cost-free access and use of the Sites and the information and services, we are unable to accept liability for any conduct, acts or omissions occurring at the Sites or any losses you may incur in connection with your access or use of the Sites. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT OR INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, THE LIABILITY OF SAFE HORIZON, THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
a. By You.
This Agreement may not be modified, either expressly or by implication, except by obtaining our written consent signed by Safe Horizon’s General Counsel.
b. By Safe Horizon.
We reserve the right, in our sole discretion, to modify this Agreement without advance notice. Your right to access the Sites is conditioned upon your compliance with the then-current version of this Agreement. By accessing or using the Sites after any modifications to this Agreement have come into effect, you agree to be bound by the Agreement as modified. Therefore, we recommend that you check this Agreement each time you access any of the Sites. It is your responsibility to review this Agreement for possible modifications. If we determine, in our sole discretion, that a modification to this Agreement materially affects your rights, we will attempt to notify you (for example, by sending a message to your email account or posting a notice on one or more of the Sites.) We assume no responsibility for your failure to actually receive notice.
12. Dispute Resolution/Jurisdiction.
a. Governing Law.
Safe Horizon’s headquarters are located in New York City. You agree that the laws of the State of New York will govern this Agreement and any dispute that might arise between you and us, without regard to conflict of law principles. The Sites are intended to be accessed and used only by residents of the United States.
All disputes arising out of or relating to this Agreement or the Sites shall be resolved by binding arbitration conducted in New York City, pursuant to the rules of the American Arbitration Association. However, you agree that we shall be entitled to obtain preliminary injunctive relief in court to enforce any of the terms of this Agreement, or to enforce our intellectual property rights, in lieu of or pending a final determination in arbitration. You consent to the exclusive jurisdiction and venue of the state and federal courts located in New York City for such purposes.
13. Complete Agreement
Our failure to enforce a provision of this Agreement is not a waiver of our right to do so later. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve, as closely as possible, the same effect as originally drafted, and all the other portions of this Agreement shall remain in effect.
You may not assign any of your rights under this Agreement, and any attempts to do so will be void. Safe Horizon may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with Safe Horizon.
16. Contact Us.
For questions about this Agreement, to report potential infringement on any of our Sites, or to make any suggestions or comments, feel free to contact us. All legal notices shall be sent to: Safe Horizon, Inc. Attn: General Counsel’s Office, Safe Horizon, Inc. 2 Lafayette Street, 3rd Floor New York, NY 10007.