Effective: August 16, 2010
1.Acceptance of the Terms and Conditions.
2.Use of the Web site.
2.1This Web site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. You may use, copy or display the Content for solely for your own personal use and/or for noncommercial purposes. You may not us the Content for any commercial purpose whatsoever without the prior written consent of the Crittenton Women’s Union in each instance. You must retain all copyright and other proprietary notices contained in the original Content and you must reproduce all proprietary notices on each copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other Web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Web site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
2.2The trademarks, service marks, and logos of Crittenton Women’s Union (the “Crittenton Women’s Union Trademarks”) used and displayed on this Web site are trademarks or service marks of Crittenton Women’s Union. Other company, product, and service names located on the Web site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with Crittenton Women’s Union Trademarks, the “Trademarks”). Nothing on this Web site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web site without the prior written consent of Crittenton Women’s Union specific for each such use. The Trademarks may not be used to disparage Crittenton Women’s Union or the applicable third-party, Crittenton Women’s Union’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Web site is prohibited without Crittenton Women’s Union’sprior written consent.All goodwill generated from the use of any Crittenton Women’s Union Trademark shall inure to Crittenton Women’s Union’s benefit.
2.3You agree not to: (a) take any action that imposes an unreasonable load on the Web site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web site or any activity being conducted on the Web site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Web site, or (d) delete or alter any material posted on the Web site by Crittenton Women’s Union or any other person or entity.
2.4The Web site may contain links to third-party Web sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all Web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
2.5Certain portions of the Web site may be restricted to registered users who must log-in through the user of user names and passwords. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. You are responsible for all activities that occur under your password or account. It is your sole responsibility to (a) control the dissemination and use of activation codes and passwords, (b) authorize, monitor, and control access to and use of your account and password, and (c) promptly inform Crittenton Women’s Union of any need to deactivate a password. You grant to Crittenton Women’s Union Parties (as defined below) the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Web site. We cannot and do not assume any responsibility or liability for any information you submit through the Web site, or your or third parties' use or misuse of information transmitted or received using the Web site.
3.Limitation of Liability and Disclaimer of Warranties.
3.1CRITTENTON WOMEN’S UNION, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “CRITTENTON WOMEN’S UNION PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. NONE OF THE CRITTENTON WOMEN’S UNION PARTIES SHALL BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK. THE CRITTENTON WOMEN’S UNION PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR‑FREE OR THAT THE WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO CRITTENTON WOMEN’S UNION PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANRANTIES OF ANY KIND. CRITTENTON WOMEN’S UNION PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
3.2IN NO EVENT SHALL ANY CRITTENTON WOMEN’S UNION PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH CRITTENTON WOMEN’S UNION PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.3Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF CRITTENTON WOMEN’S UNION PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4.Procedures for Claimed Copyright Infringement. If you believe any materials accessible on or from the Web site infringe your copyright, you may request removal of these materials (or access thereto) from the Web site by contacting the copyright agent (identified below) and providing the following information: a) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location (e.g., URL) of an authorized version of the work, b) identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material, c) your name, address, telephone number and (if available) e-mail address, d) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law, e) a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner's behalf, and f) a signature or the electronic equivalent from the copyright holder or authorized representative. The agent for copyright issues relating to the Service is as follows: Stephanie Nichols, Director of Marketing and Communications, Crittenton Women’s Union, One Washington Mall, Boston, MA 02108, Tel. 617.259.2946, email: email@example.com.In an effort to protect the rights of copyright owners, Crittenton Women’s Union maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Web site who are repeat infringers.
5.Indemnification. You agree to defend, indemnify, and hold harmless Crittenton Women’s Union Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Web site. Crittenton Women’s Union shall provide notice to you of any such claim, suit, or proceeding. Crittenton Women’s Union reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Crittenton Women’s Union’s defense of such matter.
5.Termination of the Agreement. Crittenton Women’s Union reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Web site or the Content at any time and for any reason without prior notice or liability. Crittenton Women’s Union reserves the right to change, suspend, or discontinue all or any part of the Web site or the Content at any time without prior notice or liability. Sections 2 (Use of the Web site), 3 (Limitation of Liability and Disclaimer of Warranties), 4 (Indemnification), 5 (Termination of Agreement), and 7 (Miscellaneous) shall survive the termination of this Agreement.
6. User Must Comply with Applicable Laws. This Web site is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Web site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
7.Miscellaneous. This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the County of Suffolk in the Commonwealth of Massachusetts. If any provision of this Agreement 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 of this Agreement, which shall remain in full force and effect. Failure of Crittenton Women’s Union to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Crittenton Women’s Union unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Crittenton Women’s Union and you, this Agreement constitutes the entire Agreement between you and Crittenton Women’s Union with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Web site might be publicly accessible. Important and private information should be protected by you. Crittenton Women’s Union is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.