Last modified November 10, 2015
1. Introduction. Welcome to the Rebuilding Together Dutchess County’s Web site ("Site"). Rebuilding Together Dutchess County’s ("RTDC" or "we") operates the Site to inform the public of our services.
4. User Accounts. To subscribe to our eNews service, you must register for a user account ("Account"). You are responsible for maintaining the confidentiality of the user name and password associated with your Account and for all activity under your Account. Please notify us immediately if you become aware that anyone has gained unauthorized access to your account.
5. Use of Site and Its Contents.
(A) Lawful Purposes. You may not use the Site or any of its contents for any unlawful purposes or in any way that would violate (i) any applicable law or regulation or (ii) the rights of RTDC or any third party.
(B) Copyright; Use of the Site's Contents. RTDC or its licensors own all rights, including copyright, in the Site's contents. Without prior written authorization from us, you may not reproduce, distribute, modify, publicly display or perform the Site's content. Without such authorization, you may also not incorporate into a database or compilation, decompile, disassemble, reverse engineer, or otherwise use any of the Site's computer programs.
(C) Access from other Countries. RTDC expressly disclaims any representation, warranty, or covenant that the Site or any of its contents are appropriate in locations outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with all applicable laws. You may not access the Site from any location where doing so would be illegal.
6. RT Trademarks. "Rebuilding Together Dutchess County," RTDC logo, and other RTDC indicia of source used on the Site are owned by RTDC ("RTDC Trademarks"). You may not use RTDC Trademarks without our prior written consent. Additionally, you may not use RTDC Trademarks in any manner that (a) will likely cause confusion about the source of any product or service, (b) dilutes any RTDC Trademark, (c) implies that RTDC sponsors, endorses, or is affiliated with any third-party activity, or (d) disparages or discredits RTDC or any of its officers or personnel. You may not register any domain names containing any RTDC Trademarks without our prior written consent.
7. Notice and Procedure for Making Claims of Copyright Infringement.
(A) Infringing Material on the Site. RTDC intends that all material on the Site does not violate the copyright or other proprietary rights of third parties. However, if you believe that any material on the Site infringes your copyright, then you may request the removal of those materials from the Site in accordance with the Copyright Act, 17 U.S.C. Section 512(c)(3), and the procedures described below.
(B) Agent for Receiving Notices of Claimed Infringement. A notice of infringing material that complies with the Copyright Act, 17 U.S.C. Section 512(c)(3) ("Notice") must be sent to the agent RTDC has designated with the Copyright Office:
Vice President of Communications and Marketing
1899 L Street NW, Suite 1000
Washington, DC 20036
(C) Content of Notice of Claimed Infringement. To comply with the Copyright Act, your Notice must be in writing and must include the following:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RTDC to locate the material;
(iv) Information reasonably sufficient to permit RTDC to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
(v) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
9. Disclaimers of Warranties. THE SITE AND ALL ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." RTDC DOES NOT WARRANT THAT THE SITE OR ANY OF ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE SITE OR ITS CONTENTS. RTDC MAKES NO REPRESENTATIONS, WARRANTIES, OR COVENANTS ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NON-INFRINGEMENT OF ANY OF THE SITE'S CONTENTS OR ANYTHING ACCESSIBLE THROUGH LINKS TO OTHER WEB SITES. RTDC RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE.
ALTHOUGH RTDC INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER MALICIOUS CODE TO THE SITE, RTDC DOES NOT GUARANTEE OR WARRANT THAT THE SITE IS FREE FROM SUCH DESTRUCTIVE FEATURES, AND RTDC IS NOT LIABLE FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO SUCH FEATURES.
10. Limitation of Liability. RTDC and its directors, officers, employees, and agents are not liable for any claim of any nature whatsoever based on loss or injury because of errors, omissions, interruptions, or inaccuracies in the Site or its contents, including loss or injury that results from your breach of any provision of this Agreement.
Under no circumstances will RTDC or its directors, officers, employees, or agents be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or statutory damages (including lost revenues or profits, loss of business or loss of data) arising out of or in connection with your use of the Site, its contents, or this Agreement (even if RTDC has been advised of the possibility of such damages and no matter if the alleged liability is based on contract, tort (including negligence of any kind), strict liability or any other legal or equitable theory). You specifically acknowledge that RTDC shall not be liable for your submission of content and participation in any Forums, or the defamatory, offensive, or illegal conduct of any third party and that risk of harm or damage from the foregoing rests entirely with you.
Some states do not allow the limitation of liability for certain kinds of damages, so some of these limitations or exclusions may not apply to you.
11. Release and Indemnity. For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to the Site, you agree to release and waive any and all claims and/or liability against RTDC, and its current and former trustees, officers, staff, consultants, and agents, if any, arising from or in connection with your use of RTDC's Site. You also agree to indemnify and hold RTDC and its current and former trustees, officers, staff, consultants, and agents, if any, ("RTDC Indemnitees") harmless from any liability, loss, damage or expense (including reasonable attorneys' fees and costs) that any RTDC Indemnitee may incur based in any way on your use of the Site (including its contents), your breach of this Agreement, and your violation of the rights of a third party or any laws.
12. General Provisions.
(A) Assignment. You may not assign this Agreement or any of your obligations under it without RTDC's prior written consent; any attempted assignment in violation of this provision is null and void. RTDC may assign this Agreement and any of its obligations under it at any time for any reason.
(B) Relationship of Parties. You and RTDC are independent contractors, and this Agreement does not serve to create a joint venture, employee, partnership, agency or similar relationship between you and RTDC.
(D) Governing Law. This Agreement is governed by the laws of New York applicable to contracts made and wholly performed there. Any dispute arising from or related to this Agreement shall be brought exclusively in any state or federal court in New York and you hereby consent to the exclusive jurisdiction of those courts and waive any objection of any kind to venue.
(E) Including. The word "including" as used in this Agreement means "including, without being limited to."
(F) Severability. If any provision of this Agreement is determined to be unenforceable for any reason, then the unenforceable provision will be disregarded and the remaining Agreement will be enforceable to the fullest extent permitted by law.
(G) No Waiver. RTDC's failure to enforce this Agreement in every instance in which it might apply is not a waiver of any of RTDC's rights, and RTDC reserves its right to take all legal steps available to enforce the provisions of this Agreement.
(H) Survival. The following provisions survive any termination of this Agreement: Paragraphs 2, 4, 5(B), 6, 7, 9, 10, 11, 12, and any other provision that by its terms contemplates survival.
(I) Force Majeure. If RTDC is unable to perform any of its obligations due to any cause beyond its reasonable control, whether foreseen or unforeseen, including computer, telecommunications or other equipment failures, electrical power failures, strikes, labor disputes, shortage of labor or materials, civil disturbances, fires, floods, storms, explosions, acts of God, war, terrorist acts, governmental actions, non-performance of third parties or similar reasons, then RTDC's performance will be excused until a reasonable time following the end of the cause.
(J) Notice. Any notice provided to RTDC under this Agreement is effective only upon receipt at one of the addresses listed under "Contact Us" below. Any notice or other communication provided to you regarding your use of the Site may be provided to you electronically and is effective upon distribution, but RTDC reserves the right to provide notices and communications in hard copy or other formats.
13. Contact Us. If you have any questions about the Site or this Agreement, please contact us at firstname.lastname@example.org, or by postal mail at PO Box 3695, Poughkeepsie, NY 12603.