Terms of Service
Effective Date: 04/17/2023
Site Covered: soyan.org
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
The following are the terms of an agreement between You (the individual who logged on to this website and intends to use it) and Supporting Our Youth & Adults Network, Inc. (SOYAN), a 501(c)(3) charitable organization whose mission is to provide information, advocacy empowerment support to the families of youth and adults with developmental disabilities.
By accessing, or using this Web Site, You acknowledge that You agree to these terms. If You do not agree to these terms, please do not use this Web Site.
1) AGE RESTRICTION
You must be at least eighteen (18) years of age to use this Web Site or any Services contained herein. By using this Web Site, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. SOYAN assumes no responsibility or liability for any misrepresentation of your age.
2) LICENSE TO USE WEB SITE & INTELLECTUAL PROPERTY
SOYAN may provide You with certain information as a result of your use of the Web Site. Such information may include, but is not limited to, documentation, data, or information developed by SOYAN, and other materials which may assist in your use of the Web Site ("SOYAN Materials"). SOYAN grants You a non-exclusive, limited, non-transferable and revocable license to use SOYAN Materials solely in connection with your use of the Web Site. SOYAN Materials may not be used for any other purpose without SOYAN’s express written consent.
Material from the Web Site may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of SOYAN, EXCEPT: You may download one copy of the material on one computer for your personal, non-commercial home use only, provided You do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the materials for any other purpose violates the intellectual property rights of SOYAN.
Related to your use of this Web Site, You hereby grant SOYAN a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivate works of any content You publish, upload or otherwise make available to the Web Site ("Your Content"). SOYAN claims no further proprietary rights in Your Content. If You feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us.
3) ACCEPTABLE USE
You agree not to use the Web Site for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Web Site in any way that could damage the Web Site, Services or general business of SOYAN.
You further agree not to use the Web Site or Services:
- To harass, abuse, or threaten others or otherwise violate any person's legal rights;
- To violate any intellectual property rights of SOYAN or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate or discrimination towards any group; or
- To unlawfully gather information about others.
4) PRIVACY INFORMATION
5) MEDICAL INFORMATION AND GENERAL INQUIRY FORM
If You are not certain that You are legally authorized to do so, do not provide ANY medical information to SOYAN. Only individuals who are legally authorized to provide all such information may use the SOYAN contact email addresses.
6) INTERACTIVE FEATURES AND USER FORUMS
The Web Site may provide interactive features or user forums for users to exchange information on experiences related to developmental disabilities and the support of youths and adults with developmental disabilities. You agree to follow these Community Guidelines for the interactive features and user forums:
Users will provide accurate registration information that SOYAN may require to access the interactive features or user forums.
Users will not post personally identifiable information, whether yours or belonging to another person. For example, You should not share in the forum such information including dates of birth, phone numbers, addresses, photographs, videos, or other media.
Users will not post information that detracts from any other user’s experience; this includes refraining from posting anything unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, ethnically, racially, religiously or sexually offensive, or otherwise objectionable or injurious to third parties.
SOYAN reserves the right to deny a user registration request to access the interactive features or user forums. SOYAN, in its sole discretion, for any reason or no reason, may take any action it deems necessary to support the Terms of Service. Such actions may include editing or deleting information users post on interactive features or forums and banning individual users.
The Web Site may make available listings, descriptions and images of goods or services or related coupons, specials, or discounts, including tickets to visit SOYAN locations or attend SOYAN events, placement in a SOYAN class, Memberships to SOYAN (collectively, “Offerings”), as well as references and links to Offerings. Such Offerings may be made available by SOYAN or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Web Site of any listing, description, or image of an Offering does not necessarily imply Our endorsement of such Offering or affiliation with the provider of such Offering. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions, or images (including any features, specifications and prices contained therein). Such information and the availability of any Offering (including the validity of any coupon, special, or discount) are subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Offering.
We may make available the ability to make donations or fee payments or purchases or otherwise obtain certain Offerings through the Web Site (a “Transaction”). If You wish to make a Transaction, You may be asked to supply certain relevant information, such as your credit card information, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, You grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, You represent that the applicable Offerings will be used only in a lawful manner.
9) REGISTRATION; USER NAMES AND PASSWORDS
You may need to register to use all or part of the Web Site. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. We may reject, or require that You change, any user identifier, password, or other information that You provide to SOYAN in registering. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use all or part of the Website. You must not share such identifying information with any third party and if You discover that your identifying information has been compromised, You agree to notify SOYAN immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. You, and not SOYAN, are responsible for any use or misuse of your user name or password, and You must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Web Site account. Although SOYAN will not be liable for your losses caused by any unauthorized use of your user name or password, You may be liable for the losses of SOYAN or others due to such unauthorized use. Providing false or inaccurate information, or using the Web Site to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
10) ASSUMPTION OF RISK
The Web Site is provided for communication purposes only. You acknowledge and agree that any information posted on our Web Site is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and SOYAN. You further agree that your use of this Web Site is at your own risk. SOYAN does not assume responsibility or liability for any advice or other information given on the Web Site.
11) REVERSE ENGINEERING, SECURITY & SPAM
You agree not to undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Web Site or Services;
- Violate the security of the Web Site through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
- Use the Web Site or any of SOYAN 's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
12) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between You and SOYAN with respect to any and all use of this Web Site. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Web Site.
13) SERVICE INTERRUPTIONS
The Web Site may provide services, information, ways to exchange information, and links to other websites. All such services and information are provided at the sole discretion of SOYAN, and may be modified, deleted, or augmented at any time without prior notice or liability. SOYAN may need to interrupt your access to the Web Site to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Web Site may be affected by unanticipated or unscheduled downtime, for any reason, but that SOYAN shall have no liability for any damage or loss caused as a result of such downtime.
14) THIRD-PARTY LINKS, CONTENT & SERVICES
SOYAN may occasionally post links to third party websites or other services. You agree that SOYAN is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to from our Web Site.
For Transactions, SOYAN may use third-party services such as Paypal. In using these services, You agree at all times to all applicable terms and conditions set forth by the third-party service provider, e.g. PayPal services. These terms and conditions may be amended from time-to-time at the sole discretion of the third-party service. Paypal terms can be found on https://www.paypal.com/us/webapps/mpp/ua/legalhub-full.
15) MODIFICATION & VARIATION
SOYAN may, from time to time and at any time without notice to You, modify this Agreement. You agree that SOYAN has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Web Site and that modifications or variations will replace any prior version of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
To the fullest extent permitted under applicable law, You agree to defend, indemnify and hold harmless SOYAN and its respective successors and assigns from and against all claims, demands, liabilities, damages, judgments, awards, losses, deficiencies, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Web Site (including all Content, Offerings and Services); and (b) any violation or alleged violation of this Agreement or the law of any jurisdiction by You. You agree that SOYAN shall be able to select its own legal counsel and may participate in its own defense, if SOYAN wishes.
17) TERM, TERMINATION & SUSPENSION
You or SOYAN may terminate this Agreement at any time. You may terminate this Agreement by: (a) ceasing to access the Web site; and (b) destroying all materials obtained from the Web Site; and (c) destroying all related documentation and all copies. SOYAN may terminate this Agreement if, in its sole judgment, You violate any of the terms of the Agreement. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
18) DISCLAIMER OF WARRANTY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. SOYAN EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, SOYAN MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
19) LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOYAN BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SOYAN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
20) GENERAL PROVISIONS:
- JURISDICTION, VENUE & CHOICE OF LAW: Through your use of the Web Site or Services, You agree that the laws of the State of New York shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and SOYAN, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Nassau County, New York. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Nassau County, New York. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: New York. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by SOYAN will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
- ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email Us at the following address: firstname.lastname@example.org.