Effective Date: June 8, 2016
This is a binding legal agreement between you and Young Adult Institute, Inc. d/b/a YAI National Institute for People with Disabilities (“YAI/NIPD Network”, “we”, “us”, or “our”) that sets forth the terms under which you may use this website, www.yai.org, including all content, features, functionality, programs, applications, or services provided in or through the site (collectively, the “Site”). This legal agreement shall be referred to throughout this document and the Site as “Terms” and governs, together with any other applicable rules, policies, and terms posted within the Site, which are incorporated herein by reference, your use of the Site.
No Substitute for Professional or Medical Advice and Treatment. The information provided in the Site is provided for general information only. Users of the Site should not use or rely on information provided by the Site for treatment, diagnosis or advice related to their own health issues. Users should consult a physician or other health care provider about any health condition they have. In using the Site, you agree that neither YAI/NIPD Network nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use of any information presented through the Site.
NO STATEMENTS MADE IN THIS SITE HAVE BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE SITE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
HIPAA Notice of Privacy Practices. Read more about YAI/NIPD Network’s privacy practices regarding health and medical information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
License. Subject to your compliance with these Terms, YAI/NIPD Network grants you a non-exclusive, non-transferable, non-assignable license (without the right to sublicense), solely for your personal, non-commercial use, to access, use and display the Site in U.S. jurisdictions only.
License Restrictions. Unless expressly permitted in writing by YAI/NIPD Network, you may not (i) copy, modify, adapt, translate into any language, distribute, broadcast, stream or create derivative works based on the Site; (ii) sublicense, assign or otherwise transfer or otherwise assign these Terms or any of the rights or licenses granted under these Terms; (iii) sell, rent, lease, or lend the Site to any person or entity; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Site by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law; or (v) remove any proprietary notices or labels on the Site. Any such forbidden use will immediately terminate your license to the Site. You may not use the Site in an attempt to, or in conjunction with any device, program or service designed to, modify, circumvent, defeat or tamper with technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright or other intellectual property laws of any jurisdiction.
Ownership of Site. All right, title, and interest in and to the Site, including all copies, translations, compilations, derivative works or modifications thereto, are owned by YAI/NIPD Network or its licensors, as the case may be. The Site is licensed, and not sold, to you under these Terms and all rights not expressly granted in these Terms are reserved to YAI/NIPD Network. The Site is protected under U.S. and international copyright laws, and is subject to other intellectual property and proprietary treaties and laws. Copyright © 2016 YAI. You must abide by all copyright notices, information, or restrictions contained in or attached to the Site. The names, logos, and materials displayed in the Site constitute trademarks, trade names, service marks or logos (collectively, “Trademarks”) owned by or licensed to YAI/NIPD Network, its affiliates, subsidiaries, or related companies. Ownership of all Trademarks and the goodwill associated therewith remains with YAI/NIPD Network or its licensor, as the case may be.
User Content. It may be possible for you to provide or make available to YAI/NIPD Network suggestions, comments, feedback, ideas, improvements, or other content or materials through the Site (collectively, “Content”). If you so provide any Content, you grant to YAI/NIPD Network and YAI/NIPD Network’s affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Content, in whole or in part (including your name, likeness, age and gender) in any format or medium now known or later developed both on and outside of the Site. Any Content you provide through the Site is and will be deemed to be non-confidential and you agree that you are solely responsible for any Content you provide through the Site. YAI/NIPD Network is not required to host, display, or distribute any Content, and may remove at any time or refuse any Content for any reason. YAI/NIPD Network is not responsible for any loss, theft or damage of any kind to any Content. You represent and warrant that: (a) you own all rights in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to YAI/NIPD Network all of the rights described herein; and (b) your Content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party.
You are prohibited from providing Content or otherwise using the Site to transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, discriminatory, offensive, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law or a copyright, trademark or other intellectual property right of another. YAI/NIPD Network will cooperate with any law enforcement authorities or court order requesting or directing YAI/NIPD Network to disclose the identity of anyone posting Content.
Changes, Discontinuation and Termination. Your rights under these Terms will automatically terminate if you fail to comply with any term of these Terms. In the case of termination, you must cease all use of the Site, and YAI/NIPD Network may immediately revoke your access to the Site. YAI/NIPD Network reserves the right to modify, suspend or discontinue your access to the Site for any reason without notice, in its sole discretion. YAI/NIPD Network has no obligation to provide, and may change the form or nature of, the Site. YAI/NIPD Network will have no liability whatsoever to you or any third party for any failure or discontinuation of the Site, or for modifying, suspending or discontinuing your access to the Site.
Disclaimer of Warranties. THE SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMITTED BY LAW, YAI/NIPD NETWORK AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. YAI/NIPD NETWORK AND ITS SUPPLIERS DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ALL TIMES, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE SITE CAN OR WILL BE CORRECTED. You acknowledge that the provisions of this section are a material inducement and consideration to YAI/NIPD Network and its suppliers to grant the license contained in these Terms and to provide you with access to the Site.
Limitation of Liability. In the event you are dissatisfied with, or dispute, these Terms or the Site, your sole right and exclusive remedy is to terminate your use of the Site, even if that right or remedy is deemed to fail of its essential purpose. You confirm that YAI/NIPD Network has no other obligation, liability or responsibility to you or any other party. IN NO EVENT WILL YAI/NIPD NETWORK, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, BUSINESS INTERRUPTIONS, LOSS OF DATA, LOSS OF TIME, LOSS OF GOODWILL OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ITS SUBJECT MATTER, YOUR USE OF OR INABILITY TO USE THE SITE, OR YOUR USE OF OR RELIANCE ON ANY DATA YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SITE, REGARDLESS OF WHETHER YAI/NIPD NETWORK OR ITS SUPPLIERS OR LICENSORS KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YAI/NIPD NETWORK’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for direct, incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that YAI/NIPD Network may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of YAI/NIPD Network’s liability will be limited to the fullest extent permitted by applicable law.
Indemnification. You agree to indemnify, defend and hold harmless YAI/NIPD Network, its affiliates, subsidiaries, directors, officers, employees, agents, suppliers, licensors and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms, to the fullest extent allowed by law.
Compliance with Laws. The Site is intended to comply with the laws and regulations in the United States and is intended for use only by residents of the United States. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United States. Any portion of this Site is void where prohibited.
Governing Law. These Terms are governed by the laws of the State of New York, USA, as such laws apply to contracts between New York residents entered into and performed entirely in New York, notwithstanding your place of residency or New York conflicts of law provisions. You agree that any dispute arising from or relating to these Terms will be brought exclusively in a court of competent jurisdiction, federal or state, located within the State of New York, County of New York, and in no other jurisdiction, and you hereby consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, such court. These Terms will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.
How to Contact Us. If you have any questions or concerns regarding the Site, please contact us at:
Agent: Chief Compliance and Ethics Officer
E-mail: Mary.Sussman [at] yai.org
Attn: Mary Sussman
460 West 34th Street
New York, New York 10001-2382
Miscellaneous. If any provision of these Terms is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of these Terms will remain in full force and effect. Failure by YAI/NIPD Network to enforce any right with respect to a breach hereunder will not constitute a waiver by YAI/NIPD Network of the right to enforce rights with respect to the same or any other breach. These Terms constitute the entire agreement between you and YAI/NIPD Network with respect to, and supersedes any previous oral or written communications or documents (including any agreement that may have been included with an earlier version of the Site) concerning, the subject matter of these Terms. In no event will any additional or inconsistent term in any purchase order or similar document submitted by you modify the terms of these Terms.