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Terms and Conditions

LAST UPDATED: March 24, 2014
We are pleased that you have elected to visit this Website (referred to herein as the “Website” or the “Site”), operated by, or on behalf of, Turnaround For Children Inc. (“Turnaround”).

Please read these Terms and Conditions of Use (“Terms and Conditions”) carefully and ensure you understand them. These Terms and Conditions, including all documents referenced herein, represent the entire understanding between Turnaround and you regarding your use of this Website and supersede any prior statements or representations. This Website’s Privacy Policy is incorporated into these Terms and Conditions by reference and is made a part hereof.

Changes to the Terms and Conditions
From time to time, these Terms and Conditions may change. Turnaround reserves the right to modify these Terms and Conditions without prior individual notice. We will post changes to the Terms and Conditions on this Website. By using this Website you agree to be bound by and comply with these modifications. Please review these Terms and Conditions often so that you will remain abreast of our current policies. You can tell when the Terms and Conditions were last modified by checking the “last updated” date that appears at the top.

Use of this Website
Access, distribution and/or use of this Website is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit this Website you are deemed to have accepted these Terms and Conditions and the Website’s Privacy Policy. If you do not agree to abide by these Terms and Conditions and the Privacy Policy, please do not use this Website. This site is not intended for visitors under the age of 13.Turnaround may terminate your right to access and/or use this Website at any time.

Use of Materials
Material on this Website, including but not limited to articles, images and trademarks (collectively referred to as the “Material”), are protected under various intellectual property laws and owned or controlled by Turnaround, or used with permission of the owner(s) of such Material.

Turnaround hereby grants you permission to use the Website as set forth in these Terms and Conditions, provided that:

  1. your use of the Website as permitted is solely for your personal, noncommercial use;
  2. you will not copy or distribute any part of the Website in any medium and you will not “frame” the Website or any Materials in any site you create or operate without Turnaround’s prior written authorization; you will not alter or modify any part of the Website (other than as may be reasonably necessary to use the Website); and,
  3. you will otherwise comply with these Terms and Conditions and applicable laws.

Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Material, in whole or part, without the express permission of Turnaround, is prohibited. You may download digital files where expressly permitted. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.

Privacy
Please see Turnaround’s Privacy Policy for information concerning the collection and use of Personal Information from this Website.

Links
From time to time, the Turnaround Website may contain links to other websites that are not controlled and/or maintained by Turnaround. Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such websites. By providing such links, Turnaround shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. Turnaround is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or Terms and Conditions of use that differ from those of the Turnaround Website and/or may provide their users with less security than the Turnaround Website.

Non-Commercial Use
You may not use the Website or any Materials provided herein in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by Turnaround’s management.

Copyright Infringement Policy
Turnaround values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, then pursuant to Title 17, United States Code, § 512, you may notify Turnaround’s Designated Agent by mail, email or phone:

Turnaround for Children, Inc.
25 West 45th Street, 6th Floor
New York, New York 10036
Attn: Copyright Administrator
Telephone number: (646) 786-6200
E-mail Address: info@tfcusa.org

In your notice, you must include the following:

  1. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
  2. identification of the copyrighted work(s) that is (are) allegedly being infringed;
  3. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Turnaround to locate such materials;
  4. contact information (i.e., name, address, email address) sufficient to enable Turnaround to contact you;
  5. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

Additional/Different Terms
Certain pages or sections of this Website may contain Terms and Conditions of use which are in addition to or different from these Terms and Conditions. In the event that there is a conflict between such additional or different Terms and Conditions of use and these Terms and Conditions, the additional or different Terms and Conditions of use will govern with respect to the specific pages or sections to which they apply.

Limitation of Liability and Use Disclaimer
Turnaround endeavors to make sure that all information and data it originates on the Website is accurate. However, Turnaround is not responsible for any damages or loss related to the use of this Website.

THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE, ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO REPRESENTATIONS WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. TURNAROUND RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. TURNAROUND SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TURNAROUND MAKES NO WARRANTIES OR REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF TURNAROUND’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

Turnaround is not responsible for any damages or loss related to your reliance on any outdated version of these Terms and Conditions, including, but not limited, to any outdated version of our Privacy Policy.

Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, Turnaround’s liability is limited to the greatest extent allowable under applicable law.

Your Responsibilities
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment.

Indemnity
You will indemnify Turnaround, and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms and Conditions; (ii) your use of the Website; and/or (iii) any violation of these Terms and Conditions. You agree that your representations and warranties, and your obligation to indemnify Turnaround, shall survive beyond any term that these Terms and Conditions are in effect.

Electronic Communications
When you communicate with Turnaround electronically, via email or otherwise, you consent to receive electronic communications from Turnaround. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Turnaround satisfy any legal requirement that such communication be in writing. Turnaround encourages you to retain your own copies of relevant information, however, upon your written request; Turnaround will provide you with a copy of the information you provided to Turnaround when creating your Member account. To make such a request please contact info@tfcusa.org.

With respect to all communications you make to or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Turnaround shall have no obligation to protect your communications from disclosure; (ii) Turnaround shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Turnaround shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

Restructuring of Turnaround Business
In the event that Turnaround is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of Turnaround hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Turnaround will post a notice to such effect on this Website.
Contact Us

If you have any questions concerning this Website or any of the policies set forth in these Terms and Conditions, please contact us at:

Turnaround for Children, Inc.
25 West 45th Street, 6th Floor
New York, New York 10036
Telephone number: (646) 786-6200
E-mail Address: info@tfcusa.org

U.S. Export Controls
Software from or related to this Website (the “Software”) may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Disputes and Governing Law
Use of this Website and these Terms and Conditions shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms and Conditions are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms and Conditions shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify, to the extent necessary to make such portion of these Terms and Conditions enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms and Conditions would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms and Conditions. No narrowed construction, modification or invalidation of any portion of the Terms and Conditions shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Turnaround of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Turnaround’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of accessing and/or using this Website, you agree that: (i) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually and exclusively by final and binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (ii) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

Under no circumstances will you be permitted to obtain awards for, and by accessing and/or using the site you waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and you further waive all rights to have damages multiplied or increased. Any and all claims, judgments, and awards shall be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Notwithstanding anything to the contrary set forth in these Terms and Conditions, Turnaround may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York, in the event that Turnaround believes that there is a violation, or a threatened violation, of any of Turnaround’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.