Last modified: August 14, 2017
Acceptance of the Terms of Use
Please read these terms and conditions of use (these “Terms of Use”) carefully. By accessing or using the http://www.humanservicescouncil.org domain, or any subdomain of this website (this “Website”), widgets or computer programs hosted by or on behalf of Human Services Council (including the Website, collectively, the “Services”), you agree that you have read, understand and agree to comply with and to be bound by these Terms of Use, whether or not you are a registered member of the Website or other Services. Please also read our Privacy Policy, found at http://www.humanservicescouncil.org/privacystatement.php. These Terms of Use, including the Privacy Policy, govern your use of the Services and constitute a legal contract between you and Human Services Council (“HSC,” “we” or “us”).
By using the Services, you affirm that you are eighteen (18) years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
If you do not agree to abide by these Terms of Use, immediately discontinue your access to and use of the Services. Any breach of these Terms of Use immediately terminates your right to access and use the Services and all rights and licenses granted to you by these Terms of Use.
These Terms of Use concern only the Services, and do not concern any other website or Internet-based services, including websites to which any of the Services may link.
Thank you for using our Services. We hope you find the Services helpful, informative and convenient to use. If you have any questions regarding these Terms of Use, please contact us by email at [email protected].
Changes to the Terms of Use
In the future, we may revise and update these Terms of Use. If we decide to change these Terms of Use, all changes will be made at this URL and the effective date will be posted so that you will always know what terms of use apply to your visit. These Terms of Use were last updated on August 14, 2017.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to users, including registered users.
You do not have to create an account in order to use or access certain portions of the Services. If you wish to create an account to use or access features of the Services available only to registered users, you may be required to provide certain personal information and registration details. It is a condition of your use of the Services that all the information you provide is correct, current and complete. You agree that all information you provide in connection with the Services, including but not limited to registration information, is governed by our Privacy Policy, found at https://humanservicescouncil.org/privacy/.
If you choose or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You are responsible for all use of your account and for any actions that take place using your account, whether by you or by another person. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier at any time and/or block access to the Website or Services, in our sole discretion for any or no reason, if in our sole opinion, you have violated any provision of these Terms of Use.
Content And Intellectual Property
The Website and Services, and the entire contents, features and functionality, including but not limited to all information, software, text, displays, images, video, audio, and the design, selection and arrangement thereof (collectively, “Content”) are owned by HSC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other proprietary rights laws. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms of Use. If you would like to use any of our Content, you must first obtain written permission from HSC by contacting us at [email protected]. HSC reserves the right to refuse permission for any reason or no reason.
You agree not to modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit or sell any intellectual property or Content appearing on or through the Services, or create derivative works based on such Content, in any form or by any means, in whole or in part, without HSC’s prior, express written permission. You may not circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.
Provided that you are eligible to access and use the Services and you agree to abide by these Terms of Use, you are hereby granted a limited license (without the right to sublicense) to access and use the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Content on any Internet, intranet or extranet site or incorporate the information contained within the Content in any other database or compilation, and any other use of the Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.
Your computer may temporarily store copies of the Content in RAM incidental to your accessing and viewing such Content.
Any use of the Content other than as expressly authorized herein, without the prior written permission of HSC, is strictly prohibited and shall immediately terminate your right to access and use the Services and all rights and licenses granted to you by these Terms of Use. Such unauthorized use also may violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
The trademarks, service marks, trade names and logos, including but not limited to HSC,
and any third party marks used and displayed through the Services are trademarks of HSC, its licensors, sponsors or providers of Content. You must not use such marks without the prior, express written permission of HSC.
User-Generated Content.
If you are a registered user of the Website, you may have the opportunity to submit suggestions, ideas, comments, questions, software, music, sound, photographs, graphics, video, data, files and other materials (“UGC”) through the Services. Upon submitting UGC to the Services, you hereby grant to HSC a perpetual, irrevocable, fully-paid-up, royalty-free, non-exclusive license to use, copy, transmit, translate, reproduce, adapt, modify, publish, publicly distribute, import, publicly display, publicly perform, digitally perform, reformat, excerpt (in whole or in part), create derivative works of and otherwise exploit such UGC (including any copyrights, trademarks or other intellectual property contained therein) for any purpose, commercial, advertising, or otherwise, in any medium or distribution method (now known or later developed), and the right to sublicense the foregoing rights (through multiple tiers) to third parties.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation (including but not limited to any laws regarding the export of data or software to and from the US or other countries). Additionally, you agree not to:
- Knowingly or intentionally take any action that may impose an unreasonable burden on the Website, our Services, servers or infrastructure;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services or server on which the Services are stored, or any server, computer or database connected to the Services;
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined solely by us, may harm HSC or users of the Services or expose them to liability.
Submissions
Please note that we do not accept or consider creative ideas, suggestions or materials other than those that we have specifically requested. Thus, you should not send us any unsolicited creative suggestions, ideas, notes, drawings, concepts or other information. If you send us unsolicited creative suggestions, ideas, notes, drawings, concepts or other information, all such submissions shall be and are hereby deemed non-confidential, and HSC shall not be and hereby is not liable for any use or disclosure of any such submissions. Without limitation of the foregoing, HSC shall be entitled to unrestricted use of any creative suggestions, ideas, notes, drawings, concepts or other information for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person or entity.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Services, or by anyone who may be informed of any of its contents.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, without our prior, express written permission.
The Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website;
- Send emails or other communications with certain Content on this Website;
- Cause limited portions of Content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by HSC and solely with respect to the Content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you;
- Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
- Otherwise take any action with respect to the Content on the Services that is inconsistent with any other provision of these Terms of Use.
Third-Party Sites
The Services may include content provided by third parties. These Terms of Use only relate to your use of the Services, and do not relate to any other website or Internet-based services, including websites to which the Services may link (“Third-Party Sites”). All statements and opinions expressed in Third-Party Sites are solely the opinions and the responsibility of the person or entity providing such materials. These Third-Party Sites do not necessarily reflect the opinion of HSC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any Third-Party Sites. We also are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services, information or other materials on Third-Party Sites. We have no control over Third-Party Sites, their content or their terms of use, and therefore we encourage you to review such content and terms of use prior to utilizing any Third-Party Sites or submitting any personal information to them.
General Disclaimers
THE SERVICES, INCLUDING THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HSC AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND SPONSORS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, ADVISORS, EMPLOYEES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
FOR THE SAKE OF CLARITY, HSC DOES NOT WARRANT OR COVENANT:
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- THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION;
- THAT THE SERVICES WILL BE SECURE OR ERROR-FREE;
- THAT DEFECTS WILL BE CORRECTED; OR
- THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HSC NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS AND SPONSORS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, ADVISORS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY THIRD-PARTY SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR CONTENT OR ANY LINKED SITE IS TO STOP USING THE SERVICES, THE CONTENT OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF HSC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO HSC, IF ANY, TO ACCESS THIS SERVICES. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO HSC TO ACCESS THIS SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM HSC, ITS AFFILIATES, LICENSORS, SUPPLIERS AND SPONSORS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, ADVISORS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS AND SUPPLIERS, REGARDLESS OF THE CAUSE OF ACTION.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF HSC WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW.
Indemnification
You agree to indemnify and hold HSC, its affiliates, licensors, suppliers and sponsors, and each of their directors, officers, agents, advisors, contractors, partners, employees, licensors, suppliers, successors and assigns harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with:
- Your use of the Services;
- Your conduct in connection with the Services;
- Your violation of these Terms of Use, any agreements between you and any third party relating to your use of the Services, or of any law or the rights of any third party, including but not limited to intellectual property rights.
The foregoing defense and indemnification obligation will survive these Terms of Use and your use of the Services. HSC shall provide notice to you of any such claim, action or demand and HSC may, in HSC’s sole and exclusive discretion, assist you, at your reasonable expense, in the defense or settlement of such claim, action or demand.
General
These Terms of Use shall be governed by and construed under and pursuant to the laws of the state of [New York] without regard to any conflict of law principles thereof that might lead to the application of the laws of another jurisdiction. You hereby irrevocably consent to the exclusive personal jurisdiction of, and venue in, the state and federal courts located in [New York County, New York]. At HSC’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Services, including disputes arising from or concerning their interpretation, violation, invalidity or non-performance, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying [New York] law.
If any provision of these Terms of Use is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use and the Privacy Policy represent the entire agreement between you and HSC elating to your right to access and use the Services, and supersede any and all prior or written or oral agreements between you and HSC with respect to such subject matter.
No waiver by HSC of any breach or default by you under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default. Any waiver by HSC must be in writing signed by HSC.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or will be forever barred.
No provision of these Terms of Use provides any person or entity not a party to these Terms of Use with any remedy, claim, liability, reimbursement or cause of action, or creates any other third party beneficiary rights.
All notices, feedback, comments, requests for technical support and other communications relating to the Services should be directed to: [email protected]