Terms of USE.

Jaimie’s Bridge, Inc. (referred to as “us” or “we”) provides access to Jaimiesbridge.org (the “site”) subject to the following Terms of Use, which may be updated by us from time to time without notice to you. Your use of the site is governed by these Terms of Use, and by accessing any areas of the site, you agree to be legally bound and to abide by the terms set forth below. 

1. NYS Fundraising Disclosure

A description of the programs and activities for which contributions are solicited may, upon request, be obtained by sending us an email at info@jaimiesbridge.org. A copy of our latest annual financial report may be obtained from us by sending us a request at the email address above, or from the Attorney General’s Charities Bureau's Website – www.charitiesnys.com. You may also get information about charities by calling the Attorney General at (212) 416-8686.

2. Trademarks

Jaimiesbridge.org is a service mark owned by us. All rights reserved. These and other the site graphics, logos and service marks and trademarks of ours may not be used without our prior written consent. All other trademarks, product names, and company names and logos appearing on the site are the property of their respective owners.

3. Disclaimers and Limitation of Liability

You expressly agree that use of the site is at your sole risk. Neither we nor any of our officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that the site will be uninterrupted or error free, nor do we make any warranty as to the results that may be obtained from the use of the site, or as to the accuracy, reliability, or currency of any information content, service, or products provided through the site.

THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstance shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the site, including but not limited to your reliance on any information obtained from the site or that result from mistakes, omissions, interruptions, deletion of files or E-mail, 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 the site’s records, programs or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. 

4. Indemnification

You agree to indemnify and hold us, our affiliates, partners, attorneys, staff, directors, officers, employees, consultants, agents and suppliers harmless from any costs or damages or any kind, including reasonable legal fees, arising from a claim or demand pertaining to your use of the site or Content (defined below), breach of these Terms of Use, or your violation of any rights of another.

5. Proprietary Rights

You acknowledge that the site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, the “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. 

6. Distribution/Uploading of Third Party Content.

Except as set forth in Section 3 above, you may upload to or otherwise distribute on the site only Content that is not subject to any copyright or other proprietary rights protection (collectively, the “Public Content”), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither we, nor any of our officers, directors, employees, agents, providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from your submission. In compliance with the Digital Millennium Copyright Act, you and other persons can report an infringement to the site at the following E-mail address: info@jaimiesbridge.org. 

By submitting Content to any public areas on the site, including but not limited to the “Dear Jaimie” page, you automatically grant, or warrant, that the owner of such Content has expressly granted the site the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other person to access, store, or reproduce the Content for that person’s personal use. Subject to this grant, the owner of Content placed on the site retains any and all rights which may exist in such Content.

7. Third Party Content

We are a distributor and not a publisher of Content supplied by you and other third parties. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including or any other user of the site, are those of the respective authors or distributors and not ours or any of our officers, directors, employees or agents. Neither we, nor any of our officers, directors, employees or agents, nor any third party, including any other user of the site, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the site represents the opinions and judgments of the respective author or provider, or user not under contract with us. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on the site by anyone other than our authorized employees. Under no circumstances shall we, nor any of our officers, directors, employees or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the site. It is your responsibility to evaluate the information, opinion, advice, or other Content available through the site. 

8. Online Conduct

You agree to use the site only for lawful purposes. You are prohibited from posting on or transmitting through the site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

If we are notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by you (e.g., through a public area of the site, such as the “Dear Jaimie” page), the site may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the site. We may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the site; or (iii) to protect the rights or property of ours, yours, or other users, all in accordance with our Privacy Policy.

We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be harmful to individual users, the site, the communities that make up the site, or any rights of ours or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither we nor our providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither we, nor any of our officers, directors, employees or agents, nor our providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on the site.

9. Links to Third Parties

Any links to third-party websites that you can access through the site are meant for convenience only. We do not review or control these third-party websites and are not responsible for any third-party websites or the content of those websites. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. Linking to any other website is at your own sole risk and we will not be responsible or liable for any damages associated with linking.

10. Privacy Policy

The terms of our Privacy Policy are incorporated herein.

11. Termination of Usage

We may terminate your access, or suspend your access to all or part of the site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to our interests, the interests of another user, a third party provider, or a service provider.

 12. Usage by Children under 18

We cannot prohibit minors from visiting this site. We must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view, and whether to make a donation and/or a purchase.

We require that all donations and purchases be made by individuals 18 years of age or older. EACH TIME YOU MAKE A DONATION OR PURCHASE A PRODUCT ON THE SITE, YOU ARE REPRESENTING TO US THAT YOU ARE AN INDIVIDUAL 18 YEARS OF AGE OR OLDER.

13. Applicable Law

This site is created and controlled by us in the State of New York. As such, the laws of the State of New York will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to the site and these disclaimers, terms and conditions at any time. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York, and of the United States of America located in the State of New York, County of Monroe for any litigation arising out of or relating to use of, donation made, or purchase made through the site (and agrees not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the State of New York, and agree not to plead or claim in any court of the State of New York that such litigation brought therein has been brought in an inconvenient forum.

14. Severability 

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

15. Acknowledgment 

The Terms of Use, including all documents referenced herein, represents the entire understanding between us and you regarding your relationship with us and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the site. The aforementioned Terms of Use are subject to change.