1. Home
  2. Terms and Conditions
Share

Terms and Conditions

Terms and Conditions of Use Effective: 04/25/2018

The use of the Site signifies your agreement to the Terms and Conditions of Use, including the Different and Able Foundation’s Privacy Policy (“Privacy Policy”).

The Different and Able Foundation (the “Foundation”) owns and operates the Site (the “Site”). By accessing and/or using the Site, you agree to the Terms and Conditions of Use (the “Agreement” or “Terms”), as amended from time to time.  This Agreement contains restrictions on use, disclaimers, and other provisions, some of which limit our liability to you.  If you do not agree with all of these Terms or cannot form a legally binding contract, you are not permitted to use the Site. Emails The Foundation may choose to send you emails on a variety of topics—for example, providing you with information, letting you know of problems with the Site or with services offered by the Foundation, or presenting you with the opportunity to make donations, participate in fundraising events or buy selected products and services.  

You may elect to receive these emails by joining our mailing list, and you may stop receiving such emails at any time by sending an email to info@differentandable.orgrequesting removal from our mailing list.

Submissions & Restrictions on Use

The Site may only be used for personal purposes.  You may not reproduce, duplicate, copy, sell, resell, or exploit, for any commercial purposes, any portion of the Site or access to the Site. You agree that you are responsible for any content that you submit to the site, including comments, photographs and other media.  You agree that you will not submit unlawful, defamatory, abusive, obscene, or offensive material.  You also agree that you will not submit anything to the Site that will or may violate the rights of a third party, including but not limited to copyright, trademark, and/or privacy rights. If you post information to the Site, you give the Foundation the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use your submission for any purpose, in any form, and on any media.  You agree that you shall not place false or misleading information on the Site or upload any computer programs—including but not limited to viruses, Trojan horses, worms, and/or time bombs—that may interfere with the proper operation of the Site. The Foundation does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or other statements made public at the Site by visitors through the interactive services available at the Site. Any information or material sent by visitors through such services, including advice and opinions, represents the views and is the responsibility of those visitors and does not necessarily represent the views of the Foundation. The Foundation shall not be liable, directly or indirectly, for any damage or loss resulting from any information or material sent by visitors through the interactive services available at the Site.  

Monitoring

The Foundation has no obligation to monitor the use of the Site by users. You acknowledge and agree that the Foundation reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site for operational and other purposes.  During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy. Use of the Site constitutes consent to such monitoring. Furthermore, the Foundation reserves the right at all times to disclose any information posted on any portion of the Site as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in the Foundation’s sole and absolute discretion are objectionable or in violation of this Agreement. Copyright & Trademark Unless expressly noted otherwise, everything on the Site is protected by intellectual property rights held by the Foundation or other parties that have allowed the Foundation to use their materials.  All rights not expressly granted are reserved. If you would like to reproduce, distribute, or use anything on the Site other than as expressly permitted in these terms, please contact info@differentandable.org.

Digital Millennium Copyright Act

The Foundation may remove content that appears in its sole discretion to infringe the intellectual property rights of others.  The Foundation also has a policy, in appropriate circumstances, of terminating the use of the Site by repeat infringers. If you believe the Site (or any material contained on the Site) is infringing your copyright, please send the following information (a “Notification”) via email to info@differentandable.orgor by postal mail to 229 East 85th Street, Box 552, New York, NY 10128:

  • A description of your copyrighted work, including the United States Copyright Office registration number;
  • Your physical or electronic signature as the copyright owner or someone authorized to act on behalf of the copyright owner;
  • A description of the material that you believe may be violating your copyright, including the URL of the unauthorized material;
  • Your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that the use of the copyrighted material is not authorized; and
  • A statement, under penalty of perjury, that the information you have provided is accurate.

If the Notification relates to material posted on our site by a user, a copy of your Notification will be sent to the user who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Site infringes your rights, you should consider first contacting an attorney before sending a Notification.  

Donations

All donations made using the Site must be made in compliance with federal, state, and local laws relating to charitable contributions, including but not limited to the USA PATRIOT Act and the Internal Revenue Code, as they may be amended from time to time.

Privacy Policy

Our Privacy Policy is part of these Terms and is incorporated fully herein. Disclaimers YOU UNDERSTAND AND AGREE THAT THE SITE AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY THE SITE IS PROVIDED ON AN "AS IS" BASIS. THE FOUNDATION DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE OR ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY THE SITE.  THE FOUNDATION DOES NOT GUARANTEE THAT THE SITE WILL BE WITHOUT ERRORS OR VIRUSES, OR THAT ANY SITE DEFECTS WILL BE CORRECTED, EVEN IF THE FOUNDATION IS AWARE OF THEM. The contents of the Site, such as text, graphics, images, and other material contained on the ("Content") are for informational purposes only.  The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. The Foundation does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site.  Reliance on any information provided by the Foundation, the Foundation’s employees, others appearing on the Site at the invitation of the Foundation, or other visitors to the Site is solely at your own risk.    

Limitation of Liability

THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL THE FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.  YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOUNDATION MAY USE THIRD PARTY PROVIDERS IN PROVIDING THE SITE. THE FOUNDATION IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY PROVIDERS. USERS MUST COMPLY WITH ANY THIRD PARTY PROVIDER’S TERMS.

Links to Third Party Websites

The Site contains links to other sites operated by third parties (“Third Party Sites”).  These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose. The Foundation does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party Site or its content. A link to a Third Party Site on the Site does not constitute sponsorship, endorsement, approval or responsibility for any Third Party Site. The Foundation makes no representation or warranty as to any products or services offered on any Third Party Site. The conditions of use and privacy policy of any Third Party Site may differ substantially from the Terms and Privacy Policy that apply to your use of the Site.  Please review the conditions of use for all Third Party Sites for more information about the terms and conditions that apply to your use of Third Party Sites.  You access Third Party Sites at your own risk. Indemnification You agree to indemnify, defend, and hold harmless the Foundation, members of its Board, employees, and agents from any and all losses, damages, liabilities, and costs of every nature, (including without limitation judgments, expenses and reasonable attorneys’ fees and costs) incurred by any of them in connection with any claim, damage, or loss related to your use of the Site or any materials contained on the Site, or the breach or alleged breach by you of these Terms.  

Termination of Use

The Foundation may, in its sole discretion, terminate your use of the Site at any time.  The Foundation reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.  Jurisdiction and Miscellaneous These Terms, including without limitation our Privacy Policy, shall be construed and enforced in accordance with the laws of the State of New York without regard to the principles of conflicts of law.  This Agreement is a personal agreement between you and the Foundation, and no one shall be a third party beneficiary to this Agreement. Although you acknowledge that the Foundation will have the ability to enforce its rights in any court of competent jurisdiction, you hereby acknowledge and agree that the courts of the State of New York in the county of New York shall have exclusive jurisdiction over any dispute relating to these Terms and your use of the Site, that you shall submit to that jurisdiction and those courts, and that you expressly waive any and all rights you may have, or that may hereafter arise, to contest the propriety of such choice of jurisdiction and venue, including issues of forum non conveniens.  You acknowledge and agree that you may not bring a claim against the Foundation relating to your use of the Site after more than one year has passed since the event occurred that gave rise to the claim, while there is no such limitation on the Foundation’s right to bring claims against you. You acknowledge and agree that the disclaimers, including the warranty disclaimers, and the liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by the Foundation to provide the Site hereunder.  You waive your right to trial by jury of any or all issues arising in any action or proceeding between you, or your successors, and the Foundation or its successors, under or connected with this Agreement or any of its provisions. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.  This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.  No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party.  No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.  The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.  

Modification

The Foundation may and will modify any of these Terms, including our Privacy Policy, at any time, for any reason, by making changes to the Terms and/or the Privacy Policy. Your continued use of the Site, after such modifications, constitutes acceptance of such modifications.  We encourage you to periodically review these Terms and our Privacy Policy.  

Contact Us

If you have any questions about these Terms, please contact us via email at info@differentandable.orgor by postal mail at 229 East 85thStreet, P.O. Box 552, New York, NY 10128.