Terms Of Use

NOTICE: Our website (“americaneedsyou.org”) is provided by America Needs You subject to your agreement to comply with the “Terms of Use” and “Privacy Policy.” Please read them both now and check for future modifications.

Introduction
America Needs You is pleased to provide you with this site for your personal use and education, but nothing on this site constitutes a recommendation for educational services, nor does America Needs You make a warranty of any kind for individual on-line users. The URLs americaeedsyou.org, newyorkneedsyou.org, and newjerseyneedsyou.org are all owned by America Needs You, but their content is an initiative of many collaborators. Only those pages bearing the copyright of America Needs You are the responsibility of America Needs You and any references in these terms of use to the America Needs You website refer only to those pages copyrighted to America Needs You.

1. Copyright, Copying, and Trademark The entire America Needs You website is copyrighted 2014 by America Needs You. Certain articles or materials within the website are also separately copyrighted by America Needs You or by others, as indicated, with all rights reserved. If you find these materials useful, you may download, print out, or send a copy to others so long as each copy indicates the appropriate copyright notice and is used only for personal use. It is expressly prohibited, however, to reprint or electronically reproduce any text, document, graphic, or audio or visual material for bulk or commercial use. For special copyright permissions, or to purchase America Needs You publications and pamphlets, please write to: America Needs You Copyright Division, 589 8th Avenue, Floor 5, New York, NY 10018 or email materials@americaneedsyou.org.

2. Disclaimer of Endorsement The information posted on this America Needs You website includes information copyrighted by others, as well as hypertext links or pointers or search or locator engines that will lead to other websites. These linked websites are developed and maintained independently of America Needs You and are not a part of this America Needs You website. When users leave the America Needs You website and travel to a third-party website or web page, they become subject to different terms of use and privacy policies. America Needs You does not control or guarantee the accuracy, relevance, timeliness or completeness of any third-party information contained on the America Needs You website or any information found on a linked website, nor does America Needs You endorse the views expressed or products or services offered by any third-party information or linked websites.

3. Information Obtained Through the America Needs You website Does Not Constitute Educational, Legal, or Other Professional Advice
THE INFORMATION CONTAINED IN THIS WEBSITE OR TRANSMITTED TO YOU ELECTRONICALLY IN RESPONSE TO A MESSAGE FROM YOU IS NOT INTENDED NOR IMPLIED TO CONSTITUTE EDUCATIONAL, LEGAL, OR OTHER PROFESSIONAL ADVICE, AND USERS SHOULD ALWAYS SEEK THE ADVICE OF AN APPROPRIATE EDUCATION PROFESSIONAL, ATTORNEY, OR OTHER PROFESSIONAL REGARDING INDIVIDUAL QUESTIONS OR CONCERNS OF AN EDUCATIONAL, LEGAL OR PROFESSIONAL NATURE.

4. Disclaimer of Warranty and Liability
AMERICA NEEDS YOU ASSUMES NO LIABILITY FOR ANY DECISION MADE, OR ACTION TAKEN IN RELIANCE UPON INFORMATION CONTAINED IN THE AMERICA NEEDS YOU WEBSITE OR ANY OTHER INTERNET SITES LINKED TO IT IN ANY WAY. AMERICA NEEDS YOU DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE AMERICA NEEDS YOU WEBSITE OR THE INTERNET. Furthermore, America Needs You does not make any express or implied warranties, representations, or endorsements whatsoever in connection with the America Needs You website, other websites accessed by “hyperlink,” or the Internet generally (including without limitation, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose). You understand that, except for information, products, or services clearly identified as being supplied by America Needs You, America Needs You does not review, operate, or control any material, information, products or services on americaneedsyou.org or on the Internet, including electronic transmissions from Users or materials connected to the America Needs You website through “hyperlinks,” in any way. Many photographs on the America Needs You website are of volunteers, supporters, students, and other professionals. However, some of the people shown in the photographs on americaneedsyou.org are not affiliated, directly or indirectly, with America Needs You. Their photos were chosen based solely on aesthetic factors. In no event shall America Needs You be liable for any injury, loss, claim, damage, or any incidental or consequential damages arising either directly or indirectly out of or in any way connected with the America Needs You website, or any failure or delay in updating or including any materials on the America Needs You website, or any use of or inability to use any materials on the America Needs You website, even if America Needs You has been advised of the possibility of such damages. (Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you.)

5. Waiver of Responsibility for Defective or Contaminated Materials
Although America Needs You makes every effort to ensure the correctness of data, America Needs You disclaims responsibility for any errors or omissions, such as unintended technical inaccuracies or typographical errors, in the materials on our website. You also understand that America Needs You cannot and does not guarantee or warrant that files available for downloading through our website will be free of “infection” or “viruses,” “worms,” “Trojan horses,” or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the America Needs You website for the reconstruction of any lost data. Use of the America Needs You website and the Internet generally is at the User’s own risk.

6. Legal Actions
These terms of use shall be governed by and construed in accordance with the laws of the state of New York, U.S.A., and you agree to submit to the personal jurisdiction of the courts of the state of New York. In the event that any portion of these terms of use is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this website, or the use of this website, must be filed within one year after such claim or cause of action arose and must be filed in a court in New York, New York, U.S.A.

7. User Rules
In order to maintain an informative and valuable service that meets the needs of the viewers of the website and avoids harm to others, it is necessary to establish and for you to follow these User Rules:

a. THE USER MAY DOWNLOAD, PRINT, OR TRANSMIT INFORMATION FROM THE AMERICA NEEDS YOU WEBSITE FOR PERSONAL, PRIVATE USE. HOWEVER, THE USER MUST MAKE SURE THAT PROPER COPYRIGHT NOTICE IS AFFIXED TO EACH COPY TRANSMITTED OR PRINTED AND IN NO CASE MAY THE MATERIALS BE REPRODUCED IN BULK OR FOR COMMERCIAL USE WITHOUT EXPRESS, WRITTEN PERMISSION FROM AMERICA NEEDS YOU, COPYRIGHT APPROVAL, 589 8TH AVENUE, FLOOR 5, NEW YORK, NY 10018

b. Users may not post or transmit any message that is libelous or defamatory, or violates any other person’s copyrights, privacy rights, trademarks, trade secrets, or rights in other confidential information. The User indemnifies America Needs You for any and all damages suffered by third parties as a result of the User’s violation of this term.

c. Users may not post or transmit any message, data, image, or program with the intent to threaten the safety of others and/or with the effect of causing a reasonable person to perceive a threat to his or her safety.

d. It is not the intent to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views; however, America Needs You reserves the right to take such action as it deems appropriate in cases where the America Needs You website is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful, or threatening to the safety of others.

e. Users may not interfere with other Users’ use of the America Needs You website, including, without limitation, disrupting the normal flow or use of the service.

f. Users may not post or transmit any file which contains “viruses,” “worms,” “Trojan horse” or any other contaminating or destructive features.

g. It is our general policy to protect the privacy of the persons transmitting any messages to America Needs You. However, America Needs You reserves the right to reproduce and distribute part or all of a message without any compensation to the User so long as any identifying information is deleted.

We reserve the right to remove any information that is posted in violation of these terms of use and to suspend any registered user accounts (if any) for persons who violate these terms of use.

8. Digital Millennium Copyright Act Notices
As required by Section 512(c)(2) of Title 17 of the United States Code, if you believe that any material on the America Needs You website infringes your copyright, you must send a notice of claimed infringement to our Designated Agent at the following address:

Name of Agent Designated to Receive Notification of Claimed Infringement: Hosea H. Harvey
Full Address of Designated Agent to which Notification Should be Sent:
America Needs You
589 8th Avenue, Floor 5
New York, NY 10018
Telephone Number of Designated Agent: 212-571-0202
E-mail Address of Designated Agent: dmca@americaneedsyou.org

To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication and that it include each of the following elements: