Introduction
Welcome to the official website of the Sam & Devorah Foundation for Transgender Youth (the “Sam & Devorah Foundation” or “we” or “us”). By using this website you are bound by these terms and conditions, including that you are of legal age and have authority to enter into binding contracts (the “Terms”). Please read these Terms carefully. If you do not agree to these Terms, do not access or view this website or its content.
The content on this website is for general informational purposes only.
Privacy and Your Personal Information
Your use of www.samdevorah.org is subject to the Sam & Devorah Foundation’s Privacy Policy [LINK] (the “Privacy Policy”) which is incorporated by reference. Our collection and use of personal information in connection with the provision of our services, programing, mentoring, publication of blogs or newsletters, and other activities are governed by the Privacy Policy. Please review our Privacy Policy, which governs this website and any information collected here. If you have any questions regarding the Sam & Devorah Foundation Privacy Policy, please contact us at info@samdevorah.org.
Through the Sam & Devorah Foundation mentoring program and other services, you may use third party platforms, such as Mentor City. You should review the Privacy Policy and Terms of Use for such third party websites as well, including those at www.MentorCity.com.
The Sam & Devorah Foundation does not sell customer data.
Electronic Communications
Visiting www.samdevorah.org or sending emails to the Sam & Devorah Foundation constitutes electronic communications. By providing your email address to the Sam & Devorah Foundation, you consent to receive electronic communications from us, including blogs and newsletters. You also agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing.
Children under the Age of Thirteen
You represent and warrant that you are at least 13 years of age. The Sam & Devorah Foundation does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13).
Links to Third Party Websites or Services
This website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Sam & Devorah Foundation, and the Sam & Devorah Foundation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Sam & Devorah Foundation provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Sam & Devorah Foundation of the website or any association with its operators.
Warranty & Liability Disclaimers
The Sam & Devorah Foundation disclaims all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, title, compatibility, security, suitability, reliability, availability, accuracy, non-infringement, and usefulness, with respect to the website, any website content, or any Information contained on the website or Portal (collectively, “Content”). We shall not be liable for any errors or omissions in the Content, or for any loss or damage that may result from its use. The Content and Information is made available to you strictly on an “AS IS”, “AS AVAILABLE” basis.
You are responsible for all conditions required on your side to access and use the website, such as sufficient Internet connection and bandwidth, the hardware and/or software you use, and establishment of data connection points. You are expected to provide appropriate security devices and virus scanners on your devices.
YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS. ALTHOUGH WE MAY TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO OR THROUGH THE CONTENT AND INFORMATION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT AND INFORMATION ARE FREE OF SUCH DESTRUCTIVE FEATURES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SAM & DEVORAH FOUNDATION, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, SUPPLIERS, LEGAL REPRESENTATIVES, VICARIOUS AGENTS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RELATING TO THESE TERMS.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, EXCEPT AS REQUIRED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Copyright and Intellectual Property
The Content, information, and images within this website, in particular data, texts, images, graphics, videos, logos and their presentation, and any intellectual property related to the foregoing, are © Copyright the Sam & Devorah Foundation and may only be used for lawful purposes.
We own all rights, title, copyrights, and other intellectual property rights in the information on the website. We permit you to download or make copies of this website as necessary incidental acts during your viewing of it; and you may take a download or print for your personal use of so much of the site as is reasonable for private purposes.
You are granted a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use this website and the information herein strictly in accordance with these Terms. Any other use (e.g. circumvention of security mechanisms) is prohibited, unless otherwise agreed in individual cases. You also have the duty to refrain from anything that could impair the use of the website, including but not limited to, the introduction of Trojan horses, viruses, programming, design, documentation errors or corruptants, defects, bugs, worms, disabling or delaying code or devices, or other malware. Any manipulation, copying, reverse-engineering, disassembling, attempting to derive the source code of, modification or creation of derivative work of the website is prohibited.
Use of this website does not grant you any rights of use of any of the Sam & Devorah Foundation’s intellectual property unless expressly stated in these Terms.
You will not use the website for any purpose that is unlawful or prohibited by these Terms. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
You shall not use this website for any illegal purposes. You agree not to send any offensive, pornographic, unsolicited promotional or advertising material, spam, or other inappropriate materials or any volume messages that may interfere with the operation of this website or with the enjoyment of this website by other visitors.
THE SAM & DEVORAH FOUNDATION RESERVES THE RIGHT AT ANY TIME AND WITHOUT NOTICE TO ENHANCE, MODIFY, ALTER, SUSPEND OR PERMANENTLY DISCONTINUE ALL OR ANY PART OF THIS WEBSITE AND TO RESTRICT OR PROHIBIT ACCESS TO IT.
You hereby grant the Sam & Devorah Foundation free of charge a non-exclusive right to use any content (e.g. photos, texts, testimonials) transferred by you into this website or the Portal (“Your Content”), without restriction as to subject matter, time or place, and you represent and warrant that you have the right to grant us such license rights of use to the content transferred or uploaded. The right of use includes in particular, but not limited to, the right to use, publish, reproduce, and distribute the content through the system, sublicense, sublease, publish, reproduce using all techniques (including digital techniques), market, rent or lease, and make the content publicly available. This does not affect compliance with applicable data protection rules.
From time to time, the Sam & Devorah Foundation may allow you to communicate, submit, upload or otherwise make available comments, messages, images, audio, video and/or other content via the Website (“User Generated Content”), some or all of which may be accessible to the public. You agree that you will not submit or otherwise publish any User Generated Content that:
(a) is libelous or defamatory;
(b) is obscene, pornographic or otherwise offensive;
(c) is abusive or harmful (or threatens to abuse or harm) any person or entity;
(d) infringes another person’s or entity’s intellectual property rights or any other rights, including, without limitation, copyrights, trademark or the right of publicity or privacy;
(e) violates any law or regulation;
(f) advocates illegal activity;
(g) advertises a product or service; or
(h) solicits funds or solicits goods or services.
The Sam & Devorah Foundation and the Sam & Devorah Foundation logo are trademarks of the Sam & Devorah Foundation.
Digital Millennium Copyright Act Notice
The Sam & Devorah Foundation respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide to The Sam & Devorah Foundation the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 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 us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has 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 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact:
Sam & Devorah Foundation
Attn: Adam Price
10 Fairmount Avenue
Chatham, NJ 07928
Email: info@samdevorah.org
Indemnification
You hereby agree to indemnify the Sam & Devorah Foundation, defend us and hold us harmless from and against any losses, damages, reasonable out-of-pocket costs (including reasonable legal fees) and expenses as a result of any claim, action, or proceeding which is made, threatened or brought against us concerning Your Content or your use, misuse of, or inability to use the Content or Information. This indemnification shall be conditioned on us (i) providing written notice within five business days of being notified of any such claim; (ii) providing you with all relevant information and assistance in defense of such claim, and we agree not to make any admission which is or is likely to be materially prejudicial thereto without giving you prior notice of our intention to do so; and (iii) giving you full control of negotiating and defending or settling such claim. In defending such claim, you shall (i) do so with due diligence and propriety; and (ii) keep us informed of developments.
Confidentiality
All Content or Information provided by the website is our (or our providers) confidential and proprietary information and we (or our providers) own all intellectual property rights therein. You agree to protect the confidential and proprietary nature of the Content and Information; not to copy, sell, rent, sub-license, redistribute or otherwise make it available, in whole or part, to any third party; not to decompile, reverse engineer or disassemble it; and to maintain the confidentiality of the Web IDs. You may only use the Content and Information personally. The term “Information” includes, without limitation, any data, content, material, or technical specifications that the Sam & Devorah Foundation may send you from time to time.
Arbitration
Any and all controversies or claims arising out of or relating to this Contract shall be brought, resolved and determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “Rules”). The arbitration shall be conducted by one arbitrator appointed pursuant to the Rules. The arbitration shall be conducted in New York City, New York, USA. The arbitrator shall use New York law to determine the dispute. The arbitration award shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction over the parties or their assets, wherever located, provided however, that notwithstanding the foregoing, a party may seek injunctive, declaratory, or other provisional judicial relief in any applicable court in New York, New York. The existence and outcome of the arbitration shall remain confidential unless both parties agree to its disclosure. The prevailing party shall be entitled to full and prompt reimbursement from the other party for all the prevailing party’s reasonable out-of-pocket expenses and costs associated with the arbitration, including but not limited to attorneys’ fees and institutional or arbitrator fees.
Class Action
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class action. Unless both you and the Sam & Devorah Foundation agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Access Termination
If you are in breach of these terms or the Privacy Policy, the Sam & Devorah Foundation may suspend or block your access to this website and refuse to provide you with any further access to it.
Governing Law and Jurisdiction
Your use of this website and downloads from it, and the operation of these Terms shall be solely and exclusively governed by and construed under the laws of the State of New York, USA without giving any effect to any law which would result in the application of a different body of law.
Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this section.
Entire Agreement / Severability / Assignment
Failure by either party to exercise any right or remedy under these Terms will not signify acceptance of the event giving rise to such right or remedy nor will it constitute a waiver of such right or remedy. Each provision of the Terms is severable from the rest of the Terms, and if one part should be found to be invalid, illegal, or void for any reason, it will not affect the validity or legality of any other part, and the remaining parts will continue to have full force and effect.
Amendment
These Terms may be amended by the Sam & Devorah Foundation from time to time and without prior notice to you. Revised Terms will be effective when posted on this website or otherwise made available to you. The revised Terms supersede any previous versions. Your continued use after such notice will constitute acceptance by you of such changes.
Enforceability
Your obligations set forth in these Terms shall remain effective and enforceable even if we do not enforce them partially and/or temporarily.
Contact Us
The Sam & Devorah Foundation will be pleased to assist you with any queries, explanations, or questions concerning these Terms. You can reach us at:
“Contact Us” at www.samdevorah.org
Sam & Devorah Foundation
Attn: Adam Price
10 Fairmount Avenue
Chatham, NJ 07928
Email: info@samdevorah.org
Effective Date
September 2020