As of January 3, 2009
I. Visitor Code of Conduct
The FEGS website located at http://www.fegs.org (the "Website") is owned and operated by Federation Employment and Guidance Service, Inc., doing business in the State of New York as FEGS Health and Human Services System and FEGS (collectively, “FEGS”, “we”, “us” or “our”).
This 'Terms of Usage' agreement (the "Agreement") informs visitors and users of the Website of the rules and policies that govern the use of the Website and our website services and communities. We use the term "visitors" to include both registered users of our website services or communities and any other person that accesses the Website, including this Agreement, at any point for any amount of time, unless designated otherwise. Visitors are expected to follow any posted guidelines or rules.
We may update this Agreement from time to time without notice. Any changes in our terms of usage will be incorporated into a revised Agreement that we will post on the Website. All visitors have the obligation to review changes to this Agreement. Unless otherwise specified, such changes shall be effective when they are posted. Your access or use of the Website constitutes your agreement to be bound by this Agreement, including any changes that exist when you re-access our site. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES, POLICIES OR RULES, THEN DO NOT USE THE WEBSITE.
To use or to participate in certain of the activities, features, functions or services on the Website we may request that you submit certain personally identifiable information about yourself, including your name, personal contact information and resume ("personal information"). We may also gather certain types of non-personal information about your visit to protect the security of our visitors or the Website or to make our content more enjoyable for all our visitors.
Parts of the Website may require that you be thirteen (13) years of age or older to participate and/or use certain functions or benefits of the Website, and other parts of the Website may require that you be eighteen (18) years of age or older to participate and/or use certain functions or benefits of the Website. You may not have to register with us to participate in certain activities or events conducted on or through the Website; however, you must meet the designated minimum age requirements (for example, twenty-one (21) years of age or older) for the specific activity or event.
We may establish specific rules and terms for participation in each activity and/or event and will post this information on our website. We will not knowingly collect personal information from visitors under thirteen (13) years of age for activities on the Website. Upon discovery of the participation of a person under thirteen (13) years of age in such activities, his/her registration or participation will be canceled immediately and all personal information will be deleted from our files.
Visitors may be required to submit a password and user name for account registration. You are responsible for maintaining the confidentiality of your password and any account information. You agree to immediately notify us of any unauthorized use of your password or other account information and further agree to indemnify and hold the FEGS Indemnitees harmless for any improper or illegal use of your password.
III. Restrictions on Visitors' Use of the FEGS Website Content
The Website contains materials supplied by FEGS and its affiliates, parents, and subsidiaries, as well as other sources, and is protected by copyrights, trademarks, servicemarks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by FEGS , visitors may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any material, content or design elements obtained from this site, including code and software ("Material"). Notwithstanding the above, visitors may print or download the Material from this site only for personal non-commercial use, provided that the visitor does not republish the Material and keeps intact all copyright, trademarks, servicemarks, patent and other proprietary notices.
Use of the Material for any purpose not expressly permitted in this Agreement is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of the Material on the Website is strictly prohibited without the express written permission of FEGS. Visitors are also prohibited from framing the Website without the express written permission of FEGS. For information on requesting such permission, please send a written request to FEGS 315 Hudson Street, NY, NY 10013 Attn: Webmaster or via email to webRequest@fegs.org. Decisions to grant or deny permission are within the sole discretion of FEGS.
By accessing and/or using the Website, you represent and warrant that you are the owner or otherwise have the right to provide any information or materials (including pre-existing materials) that you post or transmit for use in public or private areas on the Website. You hereby grant the FEGS Indemnitees an irrevocable, transferable, fully paid up, royalty-free, perpetual, non-exclusive worldwide license to use, copy, print, display, modify, publish, reproduce, transmit, edit, distribute and otherwise exploit any information or materials, including, but not limited to, comments or content, that visitors post, submit or transmit, and to create and exploit derivative works therefrom, in any form, medium, or technology now known or later developed, for any purpose whatsoever, with or without attribution to you. You also hereby agree to indemnify and hold the FEGS Indemnitees harmless from any claim or demand, including reasonable attorneys' fees, made by any party arising out of information or materials that the visitor submits on the Website.
If you believe in good faith that Materials we host infringe on your copyright, you (or your agent) may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"), requesting that we remove or block access to the infringing Material, which notice shall include the following information:
an electronic or physical signature of a person authorized to act on
behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
a description of where the material that you claim is infringing is located
on this website;
- your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, under penalty of perjury, that the information in your
notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to:
315 Hudson Street
NY, NY 10013
Attn: Bradley Chase
Material on the Website may include inaccuracies or typographical errors. FEGS reserves the right to correct any errors, inaccuracies or omissions without prior notice, although, FEGS will not have an obligation to make any such corrections, and FEGS reserves the right to change or update information contained on the Website at any time without prior notice to you. Without limitation of any other provisions of this Agreement, the FEGS Indemnitees shall not be liable to you for any inaccuracies or errors contained on the Website.
E-mail is an important communication method for visitors. The person in whose name an e-mail account is registered should generate all e-mail sent to us. E-mail users shall not mask their identity by using a false name or another person's name or account. We will use your e-mail address and the content of any e-mail for correspondence and visitor response purposes. Any non-personal information you provide to us by e-mail, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential and we assume no obligation to protect such non-personal information contained in the e-mail from disclosure.
V. Choice of Law and Forum
You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. FEGS and the Website are originated and located in the United States. This Agreement and all matters relating to your access to, and use of, the Website shall be governed by the internal laws of the State of New York in the United States without regard to its conflict of laws. Any dispute arising out of or relating to this Agreement or your access or use of the Website shall be subject to the exclusive jurisdiction of the federal or state courts located in New York County in the State of New York, and you hereby submit to the personal jurisdiction of such courts. If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and shall not be amended, modified or revised by you.
VI. Interactive Communication Features
We may provide interactive activities and features on the Website such as chat rooms, content posting areas, bulletin boards (also known as message boards), SMS text messaging, mobile alerts and mobile e-mail updates, e-mail functions, auditoriums or other means of communication on the Website for the enjoyment of visitors (collectively, "Interactive Communication Features"). Interactive Communication Features shall be used by you in a noncommercial manner only. You shall not upload, email, post, publish, distribute or otherwise transmit any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services or other commercial matter.
Any submissions or postings by visitors to certain parts of the Website, including Interactive Communication Features, without limitation, will be public and posted in public areas on the Website. The FEGS Indemnitees shall not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in, on or through these Interactive Communication Features.
You must be thirteen (13) years of age or older to use or participate in the Website’s Interactive Communication Features or the areas of the Website that use the Interactive Communications Features (“Interactive Areas”). General visitors to the Website may have the opportunity to register for participation in the Interactive Areas when they visit the Website and may be required to submit a user name and password for use of the Interactive Communication Features. Interactive Communications Features not conducted, operated and/or managed by FEGS may require a different registration process.
FEGS will not accept registrations or knowingly allow the use of or participation in its Interactive Communication Features by persons under thirteen (13) years of age. When possible, you should use your screen name to identify yourself. By participating in any of the aforementioned activities, all visitors agree to follow the Website's standards of conduct. Postings to public areas may not be reviewed by FEGS prior to appearing on the Website. Nonetheless, the Website and FEGS reserve the right to change, delete, or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas for conduct that we believe, in our sole discretion, interferes with other peoples' enjoyment, and/or cooperate with local, state, and/or federal authorities if necessary, and in accordance with applicable law.
We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation in upholding our standards. You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available through the Website. You agree not to upload, email, post, publish, distribute or otherwise transmit through any Interactive Communication Feature any Content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations. Without limiting the foregoing, you agree not to use the Interactive Areas or the Website to make available any content that:
is unlawful, harmful to adults or minors, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable; or
infringes any patent, trademark, trade secret, copyright, right of privacy
or publicity, or other proprietary rights of any person; or contains
unauthorized advertising or solicits other visitors; oris intended by the
visitor to interrupt, destroy or limit the functionality or integrity of any
computer software, hardware or Materials on this website.
FEGS may allow users to post comments ("Comments"). Such Comments are governed by the terms of this Agreement, including, without limitation, the user's agreement regarding his or her use of Interactive Areas. Comments do not reflect the views of the Website, FEGS or its parents, affiliates or subsidiaries, or their respective employees, officers, directors or shareholders. FEGS does not assume responsibility or liability for any Comments or for any claims, damages, or losses resulting from the use of this service or the materials contained therein. Comments that are submitted to the Website shall be owned exclusively and in perpetuity by FEGS. Such exclusive ownership means that the Website, FEGS and its parents, subsidiaries, affiliates, licensees and partners have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, distribute or otherwise exploit any and all materials and communications. There shall be no obligation to give credit or pay any consideration to you for any Comments.
When in doubt about appropriate behavior on our Website, please remember that, although the venue is electronic, those participating in it are real people. We ask that you treat others with respect. Any conduct by a visitor that violates this Agreement in any way may result in the suspension or termination of the visitor's registration and access to the site, at FEGS' sole discretion, in addition to any other remedies. FEGS may provide interactive activities on a number of topics, but our staff or volunteer hosts participating in these activities do not offer professional advice of any kind and are speaking from their own experience or opinion as is helpful for the facilitation of the dialogue. These hosts claim no professional expertise or authority. We may also post additional guidelines and/or code of conduct for certain Website functions, areas or events. Any additional posted rules will be incorporated into this Agreement. To the extent there is a conflict between the rules of a specific function, area or event and this Agreement, the rules of the specific function, area or event will govern. If you see objectionable content or have any questions about this Agreement, please contact us at webRequest@fegs.org.
VII. Third Party Links and Service Providers
The Website may contain links and pointers to other sites and resources on the Internet controlled by third parties. These links are provided solely as a convenience to our visitors and do not constitute an endorsement by the Website, or any of the FEGS Indemnitees of any third party resources or content. Links do not imply that the Website sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party link or site. Any concerns regarding external links or websites should be directed to the respective website administrator or system operator. FEGS reserves the right, in its sole discretion, to terminate links with any third parties or other websites that it deems inappropriate or inconsistent with our website.
The Website may contain links to third party service providers and certain features and functionalities of the Website may be hosted, managed, maintained and/or processed by or through third party service providers. When you use certain features or functions of the Website, such as for uploading your resume, posting a job opening or making a donation online, your Internet browser may automatically be directed and opened to a third party web site and/or your information may be furnished to a third party service provider for processing (including, without limitation, the processing of your credit card information) and storage. Please be aware that unless explicitly stated on the Website, we are not responsible for the privacy or other practices of third party service providers. The FEGS Indemnitees shall not be responsible or liable for the practices, acts or omissions of any third party service provider.
The FEGS Indemnitees make no representations about the content, functionality or practices of third party sites and resources or third party service providers, and disclaim any and all warranties, express or implied, with respect thereto.
VIII. Advice and Opinions
The Website contains facts, views, opinions and statements of third parties, visitors and other organizations. The FEGS Indemnitees do not represent or endorse the accuracy or reliability of any advice, facts, views, opinions, statements or other information displayed or distributed through our website. You acknowledge that any reliance upon any such advice, facts, views, opinions, statements or other information shall be at your sole risk and you agree that the FEGS Indemnitees shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, facts, views, opinions, statements or other information displayed or distributed on the Website.
X. International Users
The Website is controlled, operated and administered from within the United States. The FEGS Indemnitees make no representation that the Website or Materials are appropriate or available for use at locations outside of the United States, and access to the Website from territories where the Website or the Materials are illegal is prohibited. If you access the Website or Materials from a location outside the United States, you are responsible for compliance with all applicable local laws, regulations and restrictions.
FEGS reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website at any time for any reason without prior notice or liability to you. FEGS may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature, database, or Materials, without prior notice or liability to you.
XII. Disclaimer of Warranties
Your use and browsing of, AND ANY RELIANCE BY YOU UPON, thE WEBSITE IS at your own risk. If you are dissatisfied with the WEBSITE, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS." THE FEGS INDEMNITEES DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, NON-INTERFERENCE, ACCURACY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF FEGS HAS BEEN MADE AWARE OF SUCH PURPOSE) AND FREEDOM FROM COMPUTER VIRUS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FEGS OR AN AUTHORIZED REPRESENTATIVE OF FEGS SHALL CREATE A WARRANTY. NO NEWS ITEMS, PRESS RELEASES, CASE STUDIES OR TESTIMONIALS PUBLISHED ON OR ACCESSIBLE THROUGH THE WEBSITE SHALL CREATE A WARRANTY.
XIII. Limitation of Liability
ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, FEGS AND THE WEBSITE CANNOT AND DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE FEGS INDEMNITESS ARE LIABLE FOR OR SHALL BE LIABLE FOR OR HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY INJURY (WHETHER A COMMERCIAL INJURY OR OTHERWISE), LOSS OR DAMAGES THAT A VISITOR INCURS, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THE WEBSITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE WEBSITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE WEBSITE OR MATERIALS ON THE WEBSITE; (IV) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, RESUMÉ OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; OR (V) FROM ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY FEGS INDEMNITEE. IN NO EVENT SHALL ANY FEGS INDEMNITEE BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF AN FEGS INDEMNITEE OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE WEBSITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL AND SERVICE PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. THE FEGS INDEMNITEE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER SITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE WEBSITE.
We may use techniques to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend your use of the Website, terminate your use of the Website and/or seek prosecution against you to the fullest extent of the law.
XVI. Your Representations and Warranties
Without limiting any of the other representations and warranties made by you in this Agreement, you represent and warrant that you will: (a) comply with all laws, rules and other regulations applicable in connection with the Website; (b) not interfere or disrupt networks connected to the Website; (c) not use the Website to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) not use or transmit through the Website any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; and (e) not interfere with another user's use and enjoyment of the Website.
WITHOUT LIMITATION OF ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD THE FEGS INDEMNITEES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE WEBSITE; (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU; (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST ANY FEGS INDEMNITEE ARISING OUT OF YOUR USE OF THE SERVICE AND/OR CONTENT; (D) activity that occurs under your account; AND/OR (E) YOUR INFRINGEMENT OR VIOLATION OF ANY LAWS, REGULATIONS, RESTRICTIONS OR RULES APPLICABLE TO THE WEBSITE.
IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS OF THIS AGREEMENT OR ARE NOT AUTHORIZED TO AGREE TO THIS AGREEMENT, PLEASE EXIT THE WEBSITE.