Terms and Conditions of Use
We welcome you to the Safe Horizon, Inc. web site (referred to as the "Site"). Access to this Site, the home page of which is located at http://www.safehorizon.org, is offered to you by Safe Horizon, Inc. (referred to as "we", "us" or "Safe Horizon") under these Terms and Conditions of Use (referred to as this "Agreement"). This Agreement is intended to constitute a binding contract. By clicking past the homepage of the Site, you agree to be bound by this Agreement.
1. Responsible Conduct. You agree to act responsibly and respectfully at this Site. Parents, legal guardians and responsible adults should guide any person under the age of eighteen (18) (referred to as a "Minor") seeking to gather information on getting help or using the services provided by this Site.
2. Not Counseling, Therapy, or Legal Advice. The information provided on and through this Site is intended to provide support and general information and should not be used as a substitute for counseling or therapy. In addition, legal information provided on and through this Site is not intended to replace individual legal advice from a licensed attorney. No attorney/client relationship shall be formed between you and us as a result of your access to and use of this Site. Site users who need a lawyer should contact their local bar association, legal services program, legal aid society, or public defender's office.
3. Intellectual Property Rights; Limited License; No Linking. Original material which we post on this Site, including text, data compilations, graphics, logos, and the overall "look and feel" of the Site, is owned by or licensed to Safe Horizon, and is protected by applicable domestic and international intellectual property laws. SAFE HORIZON, safehorizon.org, Safe Horizon, Inc. and the Safe Horizon, Inc. logo are trademarks and service marks and the exclusive property of Safe Horizon, Inc. You are granted a limited license to access the material on this Site for non-commercial purposes, and to print individual copies of any content posted at the Site solely for your own use. Except for viewing our Site for personal purposes, reproduction (other than the individual copies described above), adaptation, distribution, performance, or display of its content, whether by electronic or non-electronic means, is prohibited. In addition, our consent is necessary prior to creating any hyperlink to this Site.
4. Digital Millennium Copyright Act Compliance. Safe Horizon respects the intellectual property rights of others. If you believe that any content appearing on this Site, or on a site that we provide a link to, is an unauthorized copy of your work in a way that constitutes copyright infringement, please contact us at the address for legal notices set forth in paragraph 14 below.
Safe Horizon is committed to protecting your privacy and your personal information provided via the Site. Safe Horizon collects information about you that you provide to us through online employment, volunteer and internship applications, online e-messages you e-mail or include in correspondence to us, and from "cookie files." A cookie file provides information from your Internet browser, enabling us to track your usage of the Site. To correct or update any information you have provided to Safe Horizon, please contact us.
We make reasonable efforts to keep the information you submit confidential; we can make no guarantee that all communications will be secure from unauthorized individuals. Generally, only employees of Safe Horizon from the Human Resource Department and those involved in the hiring decision will have access to the information you provide on employment, volunteer and internship application information. Generally, only a counselor will have access to your e-mail messages or written correspondence. However in certain instances, Safe Horizon may release information you provide regarding abuse to the appropriate government agency when it believes, in good faith, that such release is legal and is required by law, or requested by subpoena or court order. In such instances, we shall make such disclosures when required and attempt to tell you that they have been made. Safe Horizon may also, in its sole discretion, release such information to assist investigators, prosecutors, or third parties in discovery with respect to valid legal claims.
6. Notice to Minors. This Site is intended for use by people under the age of eighteen (18) years of age (referred to as "Minors") only under the supervision of a parent, legal guardian or a responsible adult. Minors should seek assistance and guidance from parents or legal guardians or responsible adults before using this Site. As a reminder, the information provided on and through this Site is intended to provide support and general information and should not be used as a substitute for counseling or therapy.
7. Links To Other Sites. We provide links from our Site to other sites that contain additional information we think you may find helpful, as a convenience to you. We are not affiliated with the organizations that have created these sites, have no control over content posted at these sites, and make no representations about any such content. If you believe that we have provided a link to a site that contains illegal, inappropriate or infringing material, please notify us so that we may evaluate whether, in our sole discretion, to disable our link.
8. Violations/Indemnification. If you violate any of the terms of this Agreement, you agree that we may deny you further access to the Site. You agree that if asked, you will not attempt to access this Site. You further agree, at your own expense, to defend and indemnify us, and hold us harmless against, all claims that may be asserted against us, and all losses incurred, as a result of any violations of this Agreement by you.
9. Disclaimer of Warranties. In order to provide you with this free service, we are unable to offer any warranties or make any representations about the benefits that you may obtain at this Site. THIS SITE IS MADE AVAILABLE TO YOU "AS IS," WITHOUT ANY GUARANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THIS SITE WILL BE SECURE OR CONTINUOUSLY AVAILABLE WITHOUT INTERRUPTION, OR THAT OUR SERVERS, OR E-MAILS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. To the extent that you might otherwise believe that any guaranties, warranties, or representations have been made to you, including in this Agreement, you agree that such statements are merely non-binding expressions of policy.
10. Limitation on our Liability. In order to provide you with this free service, we are unable to accept liability for any conduct, acts, or omissions occurring at this Site or any losses you may incur. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT OR INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, THE LIABILITY OF SAFE HORIZON, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
a. By You. This Agreement may not be modified, either expressly or by implication, except as by obtaining our written consent signed by the head of the In-House Legal Department.
b. By Safe Horizon. We reserve the right, in our sole discretion, to modify this Agreement, without advance notice. Your right to access this Site is conditioned with your compliance with the then-current version of this Agreement. Therefore, we recommend that you check this Agreement each time you access our Site. It is your responsibility to review this page for possible modifications. We assume no responsibility for your failure to actually receive notice.
12. Dispute Resolution/Jurisdiction.
a. Governing Law. Safe Horizon's headquarters are located in New York City and this Site is hosted on servers located in New York City, as well. You agree that the laws of the state of New York, will govern this Agreement and any dispute that might arise between you and us, without regard to conflict of law principles. This Site is intended to be viewed by residents of the United States.
b. Arbitration. All disputes arising out of or relating to this Agreement or the Site shall be resolved by binding arbitration conducted in New York City, pursuant to the rules of the American Arbitration Association. However, you agree that we shall be entitled to obtain preliminary injunctive relief in court to enforce any of the terms of this Agreement, or to enforce our intellectual property rights, pending a final determination in arbitration. You consent to the exclusive jurisdiction and venue of state and federal courts located in New York City for such purpose.
13. Complete Agreement; Construction. This Agreement constitutes the entire agreement between you and us relating to your access and use of this Site and supercedes any prior or contemporaneous representations or agreements. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve, as closely as possible, the same effect as originally drafted, and all the other portions of this Agreement shall remain in effect.
14. Contact Us. For questions about this Agreement, to report potential infringement on our Site, or to make any suggestions or comments, feel free to contact us. All legal notices shall be sent to:
Safe Horizon, Inc.
Attn: Legal Department
2 Lafayette Street, 3rd Floor
New York, NY 10007