PLEASE READ CAREFULLY
Welcome to SpauldingServices.org (the “Site”), a website maintained by Spaulding Academy & Family Services on behalf of itself and the Spaulding Academy & Family Services Foundation. Your access to and use of the Site is subject to these Terms and Conditions of Use (“Terms of Use”) and all applicable laws. The Site is operated by the Spaulding Academy & Family Services (“Spaulding”) from its offices in New Hampshire, within the United States. Spaulding makes no representation that content, materials or information made available on or accessed through the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Spaulding may change or modify these Terms of Use, in whole or in part, at any time by updating this posting without prior notice to users or liability. By accessing, browsing or using the Site, including all content, materials and information made available on or accessed through the Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and you agree to comply with all applicable laws. Please read these Terms of Use in their entirety.
PROPRIETARY RIGHTS
The Site and its contents, including text, graphics, images, photographs, illustrations, videos, audio, code, data, trademarks, service marks, logos, taglines, slogans, trade names and other material, made available on or accessed through the Site (collectively, the “Materials”) and any and all intellectual property and proprietary rights inherent therein or appurtenant thereto, are owned by Spaulding or its licensors and are protected under both United States and foreign laws. Your use of the Site does not grant to you ownership of any of the Materials. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of authorized personnel of Spaulding, its licensors or the otherwise applicable rights holders.
The trademarks, service marks, logos, taglines, slogans and trade names (collectively, the “Marks”) displayed on the Site or on the Materials are registered and unregistered marks of Spaulding, its licensors or other rights holders. All Marks not owned by Spaulding that appear on the Site or on the Materials are the property of their respective owners. Nothing contained on the Site or on the Materials should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the Site or on the Materials without the written permission of Spaulding or the otherwise applicable rights holders. Your misuse, including any unauthorized use, of the Marks displayed on the Site or on the Materials is strictly prohibited.
LIMITED LICENSE
Subject to your compliance with these Terms of Use, you may (a) access and view the Materials on the Site on your computer or other device and (b) download any of the Materials displayed and identified on the Site as specifically available for downloading solely for your own lawful, personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Materials. Any rights not expressly granted herein are reserved. Notwithstanding the foregoing, any other Materials that are made available on or accessed through the Site with their own license terms, conditions and notices shall be governed by such terms, conditions and notices. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms of Use.
USE RESTRICTIONS AND PROHIBITED CONDUCT
Any commercial or promotional distribution, publishing or exploitation of the Site or any of the Materials is strictly prohibited unless you have received the express prior written permission from authorized personnel of Spaulding, Spaulding’s licensors or the otherwise applicable rights holders. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Site or any of the Materials. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Materials, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material made available on or accessed through the Site.
You agree that you shall not: (a) impersonate any individual or entity or misrepresent your affiliation with any other individual or entity; (b) use the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; (c) use the Site or any of the Materials in violation of Spaulding’s or any third party’s intellectual property or other proprietary or legal rights; (d) use the Site or any of the Materials in violation of any applicable laws; (e) attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site, or make any unauthorized use thereof; (f) obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (g) attempt to gain unauthorized access to the Site through hacking, password mining or any other means; or (h) use or attempt to use any “spider”, “robot”, “bot”, “scraper”, “data minder” or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof) or Materials. This provision does not prevent you from using RSS feeds that may be provided on the Site.
You may not mirror the Site or any of the Materials on another web site or in any other media.
The Site may be indexed by search engines that survey the Web and are available to the public generally.
USER REPRESENTATIONS
You may voluntarily submit to Spaulding personally identifiable information (such as your name, e-mail address and telephone number) via this Site (“Personal Information”), such as when you sign up for our newsletter – eNews, contact us to request information, or when you communicate with us by e-mail or otherwise complete online forms or the like. In all such cases you choose whether to provide us with the Personal Information and by doing so, you represent and warrant to Spaulding that: (a) you are 18 years of age or older and of at least the age of majority in your state of residence as of the time you provide such information; and (b) all information provided by you to Spaulding via the Site is truthful, accurate and complete.
As a user of the Site, you further represent and warrant that (a) you will comply with all terms and conditions of these Terms of Use; and (b) you will not use the Site, any of the Materials or any other content or information obtained from the Site, for any purpose that is unlawful or prohibited by these Terms of Use.
Spaulding may terminate your access to the Site (or portions thereof) if any of the information provided is found to be inaccurate, false, out of date or incomplete, or for violating these Terms of Use and/or the law, without prior notice or liability.
PRIVACY POLICY
Spaulding’s information collection and use policies with respect to the privacy of Personal Information are set forth in the Site’s Privacy Policy, which is located at www.spauldingservices.org and incorporated herein by reference.
We process online donations through PayPal, Inc. (“Paypal”). For information about Paypal, please visit www.paypal.com. Selecting Paypal to make your online donation takes you to Paypal’s website where the donation transaction may be completed. PayPal’s privacy policy will apply to any information you submit during the donation transaction.
SITE AND MATERIALS DISCLAIMER
The Site and the Materials are not promised or guaranteed to be correct, current or complete, and they may contain inaccuracies or typographical errors. Spaulding makes no representations about the accuracy, reliability, completeness or timeliness of any of the Materials or of any other content, materials or information displayed, distributed or made available on or accessed through the Site, including statements, representations or opinions expressed by users of the Site. You acknowledge that any reliance on any such content, materials or information will be at your sole risk. Spaulding will not be responsible for any loss, however arising, from use of, or reliance on any such content, materials or information.
Any and all Materials provided on the Site are for informational purposes only and are not intended for (and should not be construed as or be a substitute for professional advice. Never disregard professional advice or delay in seeking it because of something you have read, listened to or watched on, or accessed through the Site. You should always consult your own qualified professional concerning your particular circumstances and needs and not rely on the Site or the Materials.
DISCLAIMER OF WARRANTIES
THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SPAULDING HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, ABSENCE OF SECURITY INTERESTS, LIENS, OR ENCUMBRANCES, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, OF FITNESS FOR PARTICULAR PURPOSE, AND QUIET ENJOYMENT. WITHOUT LIMITATION, SPAULDING MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS OR OF ANY OTHER CONTENT, MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE, ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE AND/OR SAID CONTENT, MATERIALS OR INFORMATION.
SPAULDING DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR- FREE OR THAT THE SITE, THE MATERIALS OR OF ANY OTHER CONTENT, MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SPAULDING RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE OR THE MATERIALS.
SPAULDING MAY MAKE ANY OTHER CHANGES TO THE SITE AND THE MATERIALS AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SPAULDING BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO, THE SITE, THE MATERIALS OR ANY OTHER CONTENT, MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY SUBMISSIONS BY USERS, OR ANY MATERIAL, STATEMENT OR INFORMATION FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPAULDING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to defend, indemnify, and hold harmless Spaulding, its officers, employees, agents, licensors and service providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site or the Materials, your submissions, your breach of these Terms of Use or your violation of any applicable laws.
LINKS
The Site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Spaulding of the content, materials or information available on such third-party web sites. Spaulding is not responsible for the content, materials or information available on linked third-party sites and does not make any warranty or representation regarding same. Nor does Spaulding make any warranty or representation regarding, nor does it endorse, any linked third-party web sites or the content, materials or information appearing thereon or any of the products or services described thereon. Links do not imply that Spaulding endorses, or is affiliated or associated with, the linked-third-party site. If you decide to access linked third-party web sites, you do so at your own risk.
TERMINATION/SUSPENSION
Spaulding reserves the right, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Materials at any time and/or to restrict, suspend or terminate your access to the Site and/or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
MISCELLANEOUS
The Site is based in state of New Hampshire, United States of America. Spaulding makes no claims that the Materials or any other content, materials or information displayed, distributed or made available on or accessed through the Site are appropriate or may be downloaded outside of the United States. Access to the Site or such materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the state of New Hampshire, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the state of New Hampshire. If any provision contained herein 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 set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and Spaulding with respect to the use of the Site. Any changes to these Terms of Use must be made in writing, signed by an authorized representative of Spaulding to be binding on Spaulding. Notwithstanding the foregoing, Spaulding, at its sole discretion and without notice, may change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the Site and/or the services made available on or accessed through the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.
Effective Date: March 7, 2012