Last Modified: October 1, 2021
No portion of these terms and conditions may be reproduced in any form, except as authorized herein, without prior written permission from Sound Start Foundation (the “Foundation”).
1. Acceptance of Terms through Use
By accessing this Website (“Site”), you agree to all terms, conditions, and notices contained or referenced in these “Terms of Use.” If you do not agree to these Terms of Use, please do not use this Site. The content and other materials (collectively the “materials”) available on this Site are proprietary to the Foundation, or its affiliates. The Foundation reserves the right to update and change these Terms of Use from time to time at our sole discretion. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the case of any violation of these Terms of Use, the Foundation reserves the right to seek all remedies available in law and equity for such violations.
2. Use of Site
You acknowledge and agree that all materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, and that any unauthorized use of the materials may violate such rights and laws. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, modified, downloaded, displayed, posted or transmitted, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Foundation. Any use of the materials on any other website, server, or networked computer environment for any purpose is expressly prohibited. If you violate these Terms of Use, your authorization to use this Site automatically terminates.
3. General Disclaimer and Limitation of Liability
Although the Foundation has attempted to provide accurate information on this Site, the Foundation assumes no responsibility for the accuracy of the information or materials; nor does the Foundation warrant that the information or materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. The Foundation may change the materials or products mentioned at any time without notice. Mention of products or services offered by third-parties is for information purposes only and constitutes neither an endorsement nor a recommendation. You are responsible for protecting your account information, including passwords associated therewith.
ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBLITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL THE FOUNDATION OR ITS AFFILIATES, OR THIRD PARTY CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN). BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4. User Communications
Any communication you transmit or post to this Site, and any data, images, sounds, text, and other material embodied therein (“User Communication(s)”) will be considered non-confidential and non- proprietary. The Foundation will have no obligations with respect to such User Communications; and by posting or submitting User Communications to this Site you: (i) agree that The Foundation and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, and (ii) warrant and represent that the public posting and use of your User Communications by The Foundation will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or any other material to this Site that could give rise to any civil or criminal liability under the law.
5. Removal of Content and Discontinuation of Service; Termination of Authorization to Use Site
The Foundation reserves the right to remove content or discontinue services available on this Site with or without notice. The Foundation further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.
6. Links to Third Party Sites
This Website may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user’s own risk. The Foundation does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on these sites, or about any products found at those sites, or about any search results that may be obtained from using them. The Foundation provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
7. Indemnification
Upon a request by the Foundation, you agree to defend, indemnify, and hold harmless the Foundation and its subsidiaries, affiliates, employees, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your misuse of this Site. The Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Foundation in asserting any available defenses.
8. International
The Foundation makes no representation that materials on this site are appropriate or available for use in locations outside the United States. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access this site from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
9. Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the County of Bergen, State of New Jersey, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
10. General Provisions
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and the Foundation with respect to your use of this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Foundation with respect to use of this Site. You also may be subject to additional terms and conditions that may apply when you use Content, software, or services provided by third party providers to this Site. The failure of the Foundation to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Foundation, and the remaining portions shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose, or you will be forever barred. We may revise these terms and conditions at any time and from time to time by updating this posting.
