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Phone: 973-956-1313
Fax: 973-956-1173
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THE FOUNDATION FOR THE HANDICAPPED
WEBSITE TERMS AND CONDITIONS OF USE

The Foundation For The Handicapped ("Foundation For The Handicapped") website is provided subject to the terms and conditions set forth hereinafter. Please read these terms and conditions carefully as your use of this website constitutes acceptance of all of these terms and conditions. If you do not agree to the following terms and conditions, you should not use this website. The Foundation For The Handicapped may revise these terms and conditions of use from time to time, so it is recommended that you visit this page periodically to remain informed about the conditions of your use and access to the website. Your use of the website following an amendment to these Terms and Conditions constitutes acceptance of those modified provisions.

PRIVACY POLICY

For information about the privacy policies of The Foundation For The Handicapped, please see our full Privacy Policy posted on this website. It is accessible via a hyperlink at the top of each webpage.

RULES FOR ONLINE CONDUCT
TRADEMARKS, COPYRIGHTS, AND INTELLECTUAL PROPERTY

All content on this website, including, without limitation, text, graphics, images, illustrations, audio clips, and video clips, is protected by copyright, trademarks, service marks, and/or other intellectual property rights and is owned and/or licensed by The Foundation For The Handicapped or by other third party content providers. Content on this website is provided solely for your personal, non-commercial use and may not be copied, reproduced, published, displayed, uploaded, downloaded, posted, transmitted, distributed, and/or exploited in any way (including by electronic means) for commercial use without the prior written consent of The Foundation For The Handicapped or its licensors or third party providers.

PROHIBITED USES

Your ability to use the website is conditioned on your agreement not to engage in any of the following prohibited uses and activities. Your access to the website may be terminated immediately by The Foundation For The Handicapped, without notice, if you violate any of the following prohibitions:

  • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
  • You will not download, copy, display, publish post, distribute, or reproduce any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and rights of privacy and publicity).
  • You will not modify any website content or use it on any other website or networked computer environment, or use it for any purpose other than for your own personal, non-commercial use.
  • You will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous inflammatory, pornographic or profane material.
  • You will not use the website in a manner that is inconsistent with any and all applicable laws and regulations.
  • You will not use or permit others to use the website in any manner that imposes an unreasonable or disproportionately large load on the website's infrastructure, including but not limited to "spam" or other unsolicited mass emailing technique.
  • You will not attempt to decompile, disassemble or reverse engineer any of the software or HTML or other code used in or that comprises part of this website.
  • You will not use any device, software or routine, including, without limitation, viruses, Trojan horses, worms, time bombs, other malicious code or repeated "hacks" or "attacks" on web server(s) that are intended to damage or interfere with the proper working of this website or to surreptitiously intercept any system, data, or personal information from this website.

WEBSITE SECURITY

Although The Foundation For The Handicapped uses commercially reasonable efforts to maintain the privacy of your collected and retained personally identifying information, due to the risk of unlawful interception of and access to that information, we cannot guarantee, and you should not expect, that your personally identifying information or any other electronically communicated information between us will be absolutely confidential. For your protection, we use PayPal, a secure external web site which protects your credit card and bank account information for purchases and donations made directly from our web site.

DISCLAIMER OF LIABILITY FOR WEBSITE PERFORMANCE

IN NO EVENT SHALL THE FOUNDATION FOR THE HANDICAPPED BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED BY OR IN CONNECTION WITH YOUR USE OF ITS WEBSITE. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR LOSS, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, WHETHER CAUSED BY SOFTWARE, HARDWARE OR OTHERWISE, AND WHETHER FOR BREACH OF CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

ANY MATERIAL DOWNLOADED, COPIED, OR OTHERWISE OBTAINED BY YOU FROM OR THROUGH THE USE OF OUR WEBSITE IS TRANSMITTED BY YOU AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ELECTRONIC TRANSMITTAL OF ANY SUCH MATERIAL.

DISCLAIMER FOR EXTERNAL LINKS

This website provides links to other websites that are maintained by third parties over which The Foundation For The Handicapped has no control. The Foundation For The Handicapped does not represent or warrant that any particular link will be on-line and functional at any given time. When a user leaves the Foundation For The Handicapped website and visits another site, the user is subject to the privacy policy of that new site. It is the responsibility of the user to evaluate the content and usefulness of information obtained from other sites. Foundation For The Handicapped does not endorse the content, operators, products, or services of such sites, and it shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any such external content, products, or services available on or through such external sites.

WARRANTY DISCLAIMERS

Although The Foundation For The Handicapped shall use commercially reasonable efforts to post, display, publish and make available to users current and reliable information about the products and services of Foundation For The Handicapped on and through its website, it makes no warranty, express or implied, regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any products, services or information. All products, services or information are provided by Foundation For The Handicapped on an "as is" basis. ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE SPECIFICALLY AND GENERALLY DISCLAIMED.

INDEMNIFICATION

By your use of this website, you agree to indemnify, defend, and hold harmless The Foundation For The Handicapped, its officers, members, employees, affiliates, licensors, and third party providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions.

LIMITATION ON LIABILITY

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE FOUNDATION FOR THE HANDICAPPED BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR DAMAGES TO BUSINESS REPUTATION), ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEBSITE, OR GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL OR EQUITABLE BASIS, EVEN IF FOUNDATION FOR THE HANDICAPPED OR ITS AGENTS OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO PRODUCTS, SERVICES, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH USE OF THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.

JURISDICTIONAL ISSUES

This website is controlled and operated by Foundation For The Handicapped from its offices in Wayne, New Jersey. The Foundation For The Handicapped disclaims any representation or warranty that the content of this website is appropriate or available for use in other locations. Those users who access this website from other locations are responsible for compliance with local laws, to the extent any such laws are applicable. These Terms and Conditions shall be construed interpreted, and enforced in accordance with the laws of the State of New Jersey without reference to its conflicts of laws principles. Any action brought in connection with the use of this website or to enforce these Terms and Conditions shall only be brought in either the state or federal courts located in and for Passaic County, New Jersey and you consent to the personal jurisdiction of such courts.

USE BY CHILDREN UNDER THE AGE OF 13

The Foundation For The Handicapped is committed to complying fully with the Children's Online Privacy Protection Act. Accordingly, if a user of this website is under the age of thirteen, that user is not authorized to provide us with personally identifying information. Users under the age of thirteen and their parents or guardians are cautioned that the collection of personal information volunteered by unauthorized children online or by e-mail will be treated the same as information voluntarily given by an adult until Foundation For The Handicapped becomes aware that the user is under the age of thirteen. This website is not directed at children under the age of 13. If you are younger than 13, please do not provide any personally identifying information in connection with your use of this website.

ALL RIGHTS NOT SPECIFICALLY GRANTED TO WEBSITE USERS HEREUNDER ARE RETAINED AND RESERVED BY THE FOUNDATION FOR THE HANDICAPPED.

Design Donated by Computer and Financial Associates Inc.
Photographs Donated by Ken Gold

© 2012 Foundation for the Handicapped, Inc.

30 Woodridge Terrace
Wayne, NJ 07470
Phone: 973-956-1313
Fax: 973-956-1173