Effective January 1, 2016
User Responsibilities and Restrictions on Use
You agree to use the Site and all related services only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of the Site in violation of these TOU or any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. Without limiting the foregoing, you specifically may not:
- Link to this Site, including linking to the home page or any other page on the Site, without our express permission.
- Monitor, gather or copy any Content (as defined below) on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
- Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
- Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, and abusive or that violate any right of any third party.
- Attempt to circumvent the security systems of the Site in any way.
- Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any JSA server.
- Attempt to use the Site for any purposes other than those intended by the JSA, as determined by the JSA in its sole discretion.
Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.
This Site’s overall “look and feel” and the various JSA emblems, rank insignia, logos, service marks, trademarks, and other brand indicia found on the Site are the exclusive property of the JSA and may not be used without the express written permission of the JSA. All other trademarks that may appear on this Site are the property of their respective owners.
Furthermore, the JSA and/or its licensors own all right, title and interest in and to all content (and all compilations thereof) that appears on or is available through this Site and any other website owned, operated, or controlled by the JSA, including without limitation all text, photographs, videos, images, illustrations, icons, graphics, headers, typefaces, data, databases and software (collectively, the “Content”). You may access and view the Content solely for personal, noncommercial purposes. Use of the Content except as expressly provided in this TOU may violate the intellectual property rights of the JSA and/or its licensors.
Except as set forth in this paragraph, you may not copy, distribute, display, publicly perform, transmit, or broadcast the Content or use the Content to create derivative works or compilations without prior written consent from the JSA. Furthermore, you may not collect, re-purpose or reuse any data or product listings contained in the Content; sell or attempt to sell the Content; exploit the Content for your own purposes; or make derivative use of the Site or its Content. You may download, print and use pages from the Site for your own personal informational, non-commercial purposes as long as (i) you do not distribute or republish such information in any form, including digitally, and (ii) the copied pages reflect the original Site content in its unaltered form and retain the JSA copyright notice: “© 2016 Junior Sailing Association of Long Island Sound, Inc. All Rights Reserved.” If the JSA becomes aware that you are using the Content for a purpose other than your personal, non-commercial use, then the JSA may seek any and all legal remedies it might have against you.
Request for Consent to Use Content
If you wish to use any of this Site’s Content for any purpose other than your individual review and individual educational purposes, please send a request with your proposed use to firstname.lastname@example.org so that we may evaluate your proposed use.
Unless required by law, the JSA will not be obligated to grant such requests and may approve or deny them at its sole discretion.
Amendments and Corrections to Content
The Content and the functionality of the Site may be updated or changed at any time without prior notice. We do not guarantee the accuracy, completeness or reliability of information appearing on the Site. The Site may contain errors and omissions relating to the JSA’s programs, events, products, pricing, and/or availability. We reserve the right to correct or update errors or omissions and to change information at our discretion without prior notice. You agree not to rely on any Content created or posted by us. By using the Site, you agree to hold us harmless from any claims relating to errors or omission on our Site.
You agree to indemnify, defend, and hold us, our members, partners, and including the officers, directors, employees and agents of each, harmless from any cause of action, damages, judgments, liabilities, fees, or other costs and expenses (including attorneys’ fees) arising from a third-party claim related to or arising from your use of the Site or any related services, your use of any Content, your violation of the TOU, or your violation of any third-party rights, including without limitation infringement by you or any other user of your account of any trademark, copyright, patent, publicity, privacy, or other rights of any person or entity.
Limitation of Liability
In no event will we, our members, partners, and including the officers, directors, employees and agents of each be liable for any indirect, incidental, extraordinary, exemplary, punitive or consequential damages whatsoever (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use or inability to use the Site or related services, the results of such services, or any information contained on the Site, or in such services, whether such damages are based on warranty, contract, tort or any other legal theory and whether or not such party is advised of the possibility of such damages. Our aggregate liability and the aggregate liability of any of our members, partners, arising from or relating to this TOU (regardless of the form of action or claim, e.g., contract, warranty, tort, strict liability, negligence, malpractice, fraud or any other legal theory) is limited to one-hundred U.S. dollars ($100). Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Disclaimer of Warranties
This Site and all related services are provided on an “as-is” and “as available” basis and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Neither we nor our members, employees, officers or directors make any representations or warranties of any kind, express or implied, as to the operation of the Site, the Content, any information made available through the Site, or any transactions entered into by you through the Site. To the extent permitted by law, we and our members, employees, officers and directors disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, accuracy, title, fitness for a particular purpose, non-infringement and quiet enjoyment. You understand and agree that your access and use of the Site is at your own risk and that you will be solely responsible for any damage to your computer or system or loss or data that may result from use or downloading any Content or other material or data from the Site.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job listing or other material you post to the Site. The JSA neither warrants nor guarantees that a resume or employer posting will be viewed by any specific number of users, or that a resume or employer listing will be viewed by any user. We are not to be considered as an employer with respect to your use of the Site and we shall not be responsible for any employment decisions made by any entity posting job listings or resumes to the Site.
The TOU is governed by and will be construed in accordance with the laws of the state of New York as it is applied to contracts entered into by residents of the state of New York.
Any dispute relating in any way to your visit to this Site or any other website owned, operated or controlled by the JSA or to products you purchase through this Site will be submitted to confidential arbitration in Larchmont, New York. Notwithstanding the preceding sentence, to the extent you have in any manner violated or threatened to violate the JSA’s intellectual property rights, the JSA may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this TOU shall be conducted by a single arbitrator under the rules then prevailing under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Address for notice:
Junior Sailing Association of Long Island Sound, Inc.
Attn: Robert Whittredge
1 Woodbine Ave.
Larchmont, NY 10538-3797