Terms & Conditions

1. Introduction

These Website Terms of Use (these “Terms”) contained herein on this webpage shall govern your use of the Abilities First, Inc. (“Abilities First”) website (http://www.abilitiesfirst.org), including all pages within this website (collectively referred to as this “Website”).  These Terms apply in full force and effect to your use of this Website, and by using this Website you expressly accept all terms and conditions contained herein in full.  You must not use this Website, if you have any objection to any of these Terms.

2. Intellectual Property Rights

Abilities First owns all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and any network, system, software data or material that underlies or is connected to the Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

3. Restrictions

You are expressly restricted from all of the following:

  1. Publishing any Website material in any media;
  2. Selling, sublicensing and/or otherwise commercializing any Website material;
  3. Publicly performing and/or showing any Website material;
  4. Using this Website in any way that is, or may be, damaging to this Website;
  5. Using this Website in any way that impacts user access to this Website;
  6. Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  7. Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website; and
  8. Using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from access by your and Abilities First may further restrict access by you to any areas of this Website, at any time in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. Your Content

In these Terms, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it you grant Abilities First a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Abilities First reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. No Warranties

This Website is provided “as is” and Abilities First makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing advice of any kind to you.

6. Limitation of Liability

In no event shall Abilities First, or any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Abilities First, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification

You hereby agree to indemnify to the fullest extent provided by applicable law Abilities First from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms or arising out of a claim that you have breached any provision of these Terms.

8. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

Abilities First is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. Assignment

Abilities First shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website constitute the entire agreement between Abilities First and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of New York, and you submit to the non-exclusive jurisdiction of the state and federal court located in New York for the resolution of any disputes related to these Terms.

Adopted: July 2, 2018