Terms And Conditions
Last Updated: May 24, 2018
Please read these terms and conditions carefully. By accessing or using this website that links to or provides these terms and conditions, you agree to be bound by the terms and conditions and all terms incorporated by reference. If you do not agree to all of these terms, do not use this website or any third party hosted site to which these terms apply.
These Terms and Conditions ("Terms") apply to your access to, and use of, (a) all or part of The Sarafian Foundation's ("The Sarafian Foundation,""we," "our," or "us") website located at https://www.thesarafianfoundation.org/, and any other site, mobile application or online service where these Terms are posted (collectively, the "Sarafian Site"); and (b) any third party site authorized by The Sarafian Foundation to host The Sarafian Foundation's content (a "Hosted Site", and together with the Sarafian Site, the "Sites"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with The Sarafian Foundation for services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity will be responsible to The Sarafian Foundation if you violate these Terms. These Terms contain disclaimers and other provisions that limit our liability to you.
The Sarafian Foundation reserves the right to modify these Terms at any time and at our sole discretion. If we make any changes to these Terms, we will provide notice of such changes, such as by updating the "Last Updated" date at the top of these Terms. Any modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such modifications. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review these Terms and applicable policies to understand the terms and conditions that apply to your access to and use of our Sites. If you do not agree to any modified terms, you must immediately stop using the Sites.
The Sites are not targeted towards, nor intended for use by, anyone under the age of 18. By accessing or using the Sites, you represent and warrant that you (a) are 18 years of age or older; (b) have not been previously suspended or terminated from the Sites; and (c) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreements to which you are a party. If you are over 13 years of age, but are under 18 years of age, you will review these Terms with your parent or guardian and ensure they read and agree to them. If you are the parent or guardian of a user of our Sites and you have questions about the Sites or these Terms, please contact us via email at firstname.lastname@example.org or telephone at (916) 684-8957. By providing us with your contact information, you also consent to receive electronic communications from The Sarafian Foundation. These communications may include information about the communications you send us and are part of your relationship with us. Any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, all logos and designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of The Sarafian Foundation or our licensors or users and are protected by U.S. and international copyright laws. The Sarafian Foundation grants you a limited, non-transferable, non-exclusive, non-sublicensable license to access and use the Sites and Site Materials, and to electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials, provided that you do not remove any proprietary notice language in any copies of such documents; however, such license is subject to these Terms and, except as permitted under applicable law, does not include (a) any resale or commercial use of the Sites or Site Materials without our express written consent; (b) the distribution, public performance, or display of any of the Site Materials; (c) the modification or derivative use of the Sites or Site Materials, or any portion thereof; (d) the use of any data mining, robots or similar data gathering or extraction methods; (e) the download (other than the page caching) of any portion of the Sites, Site Materials or any information contained therein, except as expressly permitted on the Sites; and (f) the use of the Sites or Site Materials other than for their intended purposes.
Any use of the Sites or the Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or otherwise by The Sarafian Foundation, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. The Sarafian Foundation, Ayo! Education, Ayo! Education Online, Ayo! Events, Ayo! Scholarships, Ayo! CONNECT, and Ayo! After-school logos and any other product or service names, trademarks or slogans contained in the Sites are property of The Sarafian Foundation, or our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Sarafian Foundation or the applicable property holder. You may not use any metatags or any other "hidden text" utilizing "The Sarafian Foundation" or any other name, product, or service name of The Sarafian Foundation without our prior written permission.
The Sarafian Foundation grants you a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray The Sarafian Foundation, Ayo! Education, Ayo! Education Online, Ayo! Events, Ayo! Scholarships, Ayo! CONNECT, and Ayo! After-school or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any logo or other proprietary graphic of The Sarafian Foundation or our licensors to link to the Sites without our express written permission. Further, you may not frame or utilize framing techniques to enclose The Sarafian Foundation's property, logo or other proprietary information, including the content of any text on the Sites without our express written consent. Except as set forth above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any proprietary right of The Sarafian Foundation or any third party. The Sarafian Foundation makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of The Sarafian Foundation, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering and protection practices, of any site to which you navigate from the Sites.
The Sarafian Foundation may provide third party content on the Sites and may provide links to web pages and content of third parties (collectively, "Third Party Content") as a service to those interested in this information. Additionally, The Sarafian Foundation may use third party hosting services to display its content to users on a Hosted Site, and Third Party Content may be available or displayed in connection with such Hosted Site. The Sarafian Foundation does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding Third Party Content, including without limitation, its accuracy or completeness. To the maximum extent permitted by applicable law, The Sarafian Foundation is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. If you decide to use such Third Party Content or access a third party website through the Sites, you do so at your own risk.
The Sarafian Foundation is not responsible or liable for the conduct of, or your interactions with, any users of the Sites (whether online or offline), nor is The Sarafian Foundation responsible or liable for any associated loss, damage, injury or harm. Enforcement of these Terms is solely our discretion, and absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce these Terms in other instances. At the same time, we encourage you to report users that violate these Terms by contacting us as at email@example.com In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by these Terms.
By submitting User Content (anything the Sites’ users warrant), unless we indicate otherwise, you grant The Sarafian Foundation and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Sites. You also grant The Sarafian Foundation and our affiliates and sublicensees the right to use the name that you submit in connection with such content, if we choose.
You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about The Sarafian Foundation and the Sites (collectively, "Feedback"). Feedback, whether submitted through the Sites or otherwise, is non-confidential and The Sarafian Foundation shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You will defend, indemnify and hold harmless The Sarafian Foundation, our affiliates, partners, independent contractors, service providers and consultants, and their respective directors, officers, employees and agents, from and against any actual or threatened suit, demand, claim, or action and any damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or related to your use of the Sites; any User Content or Feedback you post, store or otherwise transmit on or through the Sites; your violation of these Terms; your violation of the rights of any third party; or any improper use of the website, including, without limitation, improper use by someone to whom you reveal payment information.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, SERVICES AND SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE SARAFIAN FOUNDATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SARAFIAN FOUNDATION DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, SERVICES AND SITE MATERIALS. THE SARAFIAN FOUNDATION DOES NOT REPRESENT OR WARRANT THAT THE SITES, SERVICES AND SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE THE SARAFIAN FOUNDATION ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITES SAFE, THE SARAFIAN FOUNDATION CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES (INCLUDING, WITHOUT LIMITATION, ANY HOSTED SITE OR THIRD-PARTY CONTENT USED OR AVAILABLE IN CONNECTION THEREWITH) OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SARAFIAN FOUNDATION BE LIABLE FOR ANY DIRECT, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES OR SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM THE SARAFIAN FOUNDATION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS OF THE SARAFIAN FOUNDATION PROGRAMS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SARAFIAN FOUNDATION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR SITE MATERIALS EXCEED THE AMOUNT YOU PAID TO ACCESS OR USE THE SITES AND SITE MATERIALS.
You acknowledge and agree that the Site Materials constitute, primarily, self-help resources designed to help you improve your own mental health and well-being and to address mental health complications, and that if you choose to utilize the Site Materials you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques. As such, you acknowledge that The Sarafian Foundation is not a health care provider, and does not provide you with any medical advice.
Any advice or other materials provided through the Site and Site Materials are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. Such advice and other materials are intended to support the relationship between you and your healthcare providers (as the case may be), and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the Site and Site Materials.
If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the Site and Site Materials then the former should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through these Sites and Site Materials.
The Sarafian Foundation reserves the right to modify or discontinue, temporarily or permanently, the Sites or any content, features or portions thereof at any time without prior notice and without obligation or liability to you. The Sarafian Foundation will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to use the Sites, or any portion of thereof, and to block or prevent your future access to and use of the Sites or any portion thereof.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then such provision will (a) be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) be void to the extent it is held to be invalid or unenforceable; and (c) remain in effect to the extent that it is not invalid or unenforceable. The invalidity or unenforceability of any provision will not affect any other provision of these Terms.
Questions or comments about the Sites may be directed to The Sarafian Foundation by emailing us at firstname.lastname@example.org or calling us at (916) 684-8957.