Questions regarding this statement should be directed to [email protected].
We’ve structured our Web Site so that, in general, you can visit The Arc of Putnam County on the Web without identifying yourself or revealing any personal information.
However, The Arc of Putnam County may ask you to register and provide information that personally identifies you, including when you register as a customer or purchase a product/service from The Arc of Putnam County, download white papers, subscribe to email newsletters, or respond to a marketing campaign. The information gathered is used to enhance the user experience on our site and to identify frequent visitors.
Some The Arc of Putnam County Web pages may be P3P-enabled, which allows you additional control over your personal information.
Cookies. The Arc of Putnam County uses software tags called “cookies” to identify customers when they visit our site. Among other things Cookies help us identify returning users so that we don’t ask them to register with every visit. They help us understand your buying preferences and customize our service to your needs. By understanding which areas of the site you visit, cookies allow us to present information, products and specials that are of personal interest.
1. Sites covered by this Privacy Statement
2. Types of information we collect
We may collect information from the following sources:
Applications, questionnaires and other forms you submit, such as your name, address and date of birth
Web-based tools when you visit our Web sites, such as “cookies”
We may disclose the information described above to:
Companies in our corporate group
This Privacy Statement covers personal information, non-personal data collection and aggregate reporting.
Personal information is information that is associated with your name or personal identity. The Arc of Putnam County uses personal information to understand better your needs and interests and to provide you with better service. Once you choose to provide us with personal information, it will be used only to support your customer relationship with The Arc of Putnam County. The Arc of Putnam County will not sell, rent or lease your personal information to others.
On some The Arc of Putnam County Web Sites, you can access products or services, request information, subscribe to marketing or support materials, register yourself or your The Arc of Putnam County products, or apply for a job at The Arc of Putnam County. The types of personal information you provide to us on these pages may include name, address, phone number, email address, user IDs and passwords, billing and transaction information, credit card information, contact preferences, educational and employment background, and job interest data.
To personalize our Web Sites, services or communications and improve our products and services, we may also ask you to provide us with information regarding your personal or professional interests, demographics, and experiences with our products or services. Providing this additional information is optional.
Non-personal information is data about usage and service operation that is not associated with a specific personal identity. The Arc of Putnam County collects and analyzes non-personal information to evaluate how visitors use the The Arc of Putnam County Web Sites.
We have safeguards to keep information confidential and secure:
We have up-to-date physical safeguards, such as secure areas in buildings; electronic safeguards, such as passwords and encryption; and procedural safeguards, such as customer authentication procedures to prevent ID theft.
We restrict access to information about you to only those employees who need to know that information to provide products or services to you.
We train our employees on these security procedures, and we conduct regular audits to check on compliance with the procedures.
3. Children’s privacy
The Arc of Putnam County is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Arc of Putnam County does not knowingly collect information from children under the age of 13 and The Arc of Putnam County does not target its Web Sites to children under 13.
4. How we use your information
The Arc of Putnam County uses your personal information to provide you with services and to help us better understand your needs and interests. Specifically, we use your information to help you complete a application or order, to communicate with you, to provide service and support, to update you on services and benefits, to personalize promotional offers and to personalize some The Arc of Putnam County Web Sites. Occasionally we may also use your information to contact you for market research regarding The Arc of Putnam County products or services. We will give you the opportunity to choose your privacy preferences regarding such communications (see section 7, “Your privacy preferences and opting out”). Credit card information is used only for payment processing and fraud prevention. When you provide us with a credit card number (and other sensitive information), The Arc of Putnam County will take commercially reasonable steps to protect this information through a secure connection with your web browser. Credit card numbers are only used for payment processing and are not retained for marketing purposes.
Sensitive personal information is collected only to facilitate our financial service providers’ credit decisions and will be shared with them only with your permission. Credit card information and sensitive personal data are not used for any other purpose by our financial services providers or The Arc of Putnam County and will not be kept longer than necessary for providing the services, unless you ask us to retain your credit card information for future purchases.
You may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by sending email to us at [email protected].
Additionally, if you do not want The Arc of Putnam County to contact you for marketing purposes by email, postal mail, fax and/or phone, you may opt out by sending email to us at [email protected]. Please provide us with your name and the information you wish to unsubscribe. Place the word UNSUBSCRIBE in the subject.
The Arc of Putnam County will take appropriate steps to protect the information you share with us.
Personal data collected online may also be combined with information you provide The Arc of Putnam County through other sources such as product registration, call centers or public events such as trade shows or seminars.
Personal data given to The Arc of Putnam County may be transferred across state and country borders for the purposes of data consolidation, storage and simplified customer information management.
Non-personal data is aggregated for reporting about The Arc of Putnam County Web Site usability, performance and effectiveness. It is used to improve the customer experience, usability and site content.
5. Who we share your information with
The Arc of Putnam County will not sell, rent or lease your personal information to others. The Arc of Putnam County will not share your personal information with third parties except in responding to your requests for products or services. Your permission will be requested when you submit your information. The Arc of Putnam County shares customer information across The Arc of Putnam County-affiliated business entities and companies working on our behalf, but only as described above in “How we use your information.”
The Arc of Putnam County contracts with third-party service providers and suppliers to deliver complete products, services and customer solutions described in “How we use your information.” Suppliers and service providers are required to keep confidential the information received on behalf of The Arc of Putnam County and may not use it for any purpose other than to carry out the services they are performing for The Arc of Putnam County. These service providers may change or we may contract with additional service providers to better accommodate our customers. The Arc of Putnam County will not share personal information with any other third parties without your permission, unless required by law enforcement action, subpoena, or local law.
The Arc of Putnam County or its related entities could merge with or be acquired by another business entity or some or all of their respective assets could be acquired. If such a combination or acquisition occurs, The Arc of Putnam County will make every reasonable effort to notify you in the event we share with the merging or acquiring entity some or all of your personal information to continue serving you.
6. Your choices
The Arc of Putnam County gives you the choice of receiving a variety of information that complements our products and services. You can subscribe to receive certain product- and service-specific information and The Arc of Putnam County-wide marketing communications. The Arc of Putnam County-wide communications may include new product information, special offers, or an invitation to participate in market research. We give you a choice regarding delivery of The Arc of Putnam County-wide communications by postal mail, email and telephone. You can make or change your choices at the data collection point. Please refer to Section 7 for further instructions. We will make every effort to honor your preferences. This option does not apply to communications for the purpose of administering order completion, contracts, support, product safety warnings or updates.
7. Your privacy preferences and opting out
The Arc of Putnam County will not use your personal information for a different purpose than the one stated when you provided your data. Examples of unrelated uses include sending communications about special offers, product information, and marketing messages.
You may tell us not to:
Disclose information about you outside our corporate group of companies, except we may disclose information as required or permitted by law.
Disclose credit data about you within our corporate group of companies; we do not disclose credit data outside our corporate group of companies.
Solicit you by mail, telephone, or email for products and services that are not directly related to your account and that are outside our regular communications with you (such as your monthly statement, customer service emails, or when you call our customer service center).
To opt-out of receiving communications you have expressly requested (such as email newsletters, software updates, etc.), email us at [email protected].
PRIVACY AND SECURITY TIPS
Protect your information: Never give your Social Security number or personal credit information over the phone unless you initiate the call. Keep your personal identification number (PIN) and password in a safe place. Try to memorize your PIN and password and do not write them down with your account information.
Destroy or securely store your account records: Tear or shred receipts, bank statements, and unused credit card offers. Keep billing statements and other account-related documents in a safe place.
Regularly review your credit report: Order a copy of your credit report at least once per year and report any mistakes to the credit bureau agency and the creditor reporting the information. Keeping your credit report error free is important. Sometimes, there is a small fee for ordering your credit reports, but if you’ve been denied credit within the last 60 days, the credit report is free.
The three national credit bureau agencies are:
Equifax – www.equifax.org, 1-800-685-1111
Experian – www.experian.org, 1-888-397-3742
TransUnion – www.transunion.org, 1-800-916-8800
Check your billing statements: Review your statements thoroughly. Call all your creditors immediately if you notice incorrect transactions.
If you lose your credit card: Call all of your creditors immediately if you lose your credit card or suspect that someone has stolen your account information.
If you think you have been a victim of identify theft, contact your local government agency for additional information regarding your rights.
8. Your information and third-party companies
Certain The Arc of Putnam County services are linked with those from unrelated third-party companies, some which offer you the option to share with both The Arc of Putnam County and the third party personal data you provide. Examples include the ability to request communications from The Arc of Putnam County marketing or solution partners, or to enable order completion through a reseller. We will not share your personal information with those third-party companies unless you make that choice.
9. Access to and accuracy of your information
The Arc of Putnam County strives to keep your personal information accurate. We have implemented technology, management processes and policies to maintain customer data accuracy. We will provide you with access to your information, including making reasonable effort to provide you with online access and the opportunity to change your information. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as a password and user ID, before granting access to your data. Certain areas of The Arc of Putnam County’s Web Sites may limit access to specific individuals through the use of passwords and other personal identifiers.
The most effective way to view and change your personal information is to return to the Web page where you originally submitted your data and follow the instructions on that Web page.
10. Keeping your information secure
The Arc of Putnam County is committed to protecting the information you provide us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, The Arc of Putnam County has in place appropriate physical and managerial procedures to safeguard the information we collect.
We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. This security measure is working when you see either the symbol of an unbroken key or closed lock (depending on your browser) on the bottom of your browser window.
Credit card numbers are used only for processing payment and are not used for other purposes.
11. Changes to this Statement
If there are updates to the terms of The Arc of Putnam County’s Online Privacy Statement, we will post those changes and update the revision date in this document, so you will always know what information we collect online, how we use it, and what choices you have. For material changes to this Statement, The Arc of Putnam County will provide notification to affected customers.
12. Contacting us
Rev. February 2008
1A URL (Uniform Resource Locator) is the global address of documents and other resources on the World Wide Web. For example, http://www.The Arc of Putnam County.org/ is the URL for The Arc of Putnam County’s home page.
2An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, such as the World Wide Web. Networks use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web, allowing Web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet, browse and shop.
Terms & Conditions Of Use for the The Arc of Putnam County Web Sites
Effective: May 2014
YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE
BOUND BY THESE TERMS AND CONDITIONS OF USE.
Limitations on Use. The Content on this Web Site is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Content is prohibited.
Not Legal Advice. Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Web Site or materials linked from this Web Site is at your own risk.
Attorney Ethics Notice. If you are an attorney participating in any aspect of this Web Site, including but not limited to message boards, chat rooms or email forums, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. Provider disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any chat area on this Web Site, including but not limited to the message boards, that you will not offer legal advice, but will only provide general information.
International Users. The Site is administered by The Arc of Putnam County from its offices in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country. Furthermore, The Arc of Putnam County makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.
Table of Contents
- Acceptance of Terms
- Your Obligations and Conduct
- Confidentiality of The Arc of Putnam County Information
- Content Submitted to The Arc of Putnam County
- Delivery of Email
- Notices, Modification and Termination of Services
- Advertisements and Promotions
- Content Provided Via Links
- Intellectual Property Rights
- Disclaimer of Warranties
- Limitation of Liability
- General Terms
The Arc of Putnam County AND ITS AFFILIATES (“The Arc of Putnam County”) PROVIDE THIS Web Site TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN The Arc of Putnam County AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS Web Site; (b) USING THE Web Site IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS Web Site.
1.2 This Web Site (“Web Site”) includes without limitation: The Arc of Putnam County.org and all related web sites and other on-line services accessible via the Web Site (collectively the “Services”); (b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information (“Information”); and (c) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”). The Arc of Putnam County controls and operates its Web Sites from various locations and makes no representation that this Web Site is appropriate or available for use in all locations. The Arc of Putnam County products and services may not be available in your location, and deliverables may vary among locations. If you are using the Web Site on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer’s behalf, and that your employer agrees to indemnify you and The Arc of Putnam County for violations of these Terms. In addition to the Terms and unless otherwise noted, the standard The Arc of Putnam County terms and conditions of sale in your jurisdiction govern purchases you make through the Web Site, unless you have in effect a separate valid written purchase or license agreement with The Arc of Putnam County for that product or service, in which case that separate agreement governs, and in cases of conflict, prevails.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide The Arc of Putnam County with accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing [email protected]. In consideration of your use of the Web Site, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by a registration form on the Web Site (the “Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information you provide to The Arc of Putnam County, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Web Site.
2.2 You are entirely responsible for all Content that you upload, post or otherwise transmit via the Web Site. You agree not to upload, post or otherwise transmit via the Web Site Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to The Arc of Putnam County or other users of the Web Site; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. The Arc of Putnam County reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
2.3 You agree that you will not use the Web Site to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be The Arc of Putnam County or someone else, or spoof The Arc of Putnam County’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Web Site; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
3. CONFIDENTIALITY OF The Arc of Putnam County INFORMATION
3.1 You may obtain direct access via the Web Site to certain confidential information of The Arc of Putnam County and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with The Arc of Putnam County and its suppliers.
3.2 Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or The Arc of Putnam County’s written request, you must cease use of Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) You possessed prior to your receipt from The Arc of Putnam County, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to The Arc of Putnam County adequate to afford The Arc of Putnam County the opportunity to object to the disclosure.
4. CONTENT SUBMITTED TO The Arc of Putnam County
4.2 You shall not distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Provider. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate you a) may list along with your name, address and email address, your own web site’s URL and b) may recommend third party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web Site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
4.3 You shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (“Postings”) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, either intentionally or unintentionally. Provider may delete your Posting at any time for any reason without permission from you.
4.4 Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.
5. DELIVERY OF EMAIL
The Arc of Putnam County will attempt to deliver all of the email that is addressed to your email address on The Arc of Putnam County’s Services. However, the nature of email is such that The Arc of Putnam County cannot guarantee delivery of such email.
You agree to indemnify, defend and hold harmless The Arc of Putnam County and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, Your use of or connection to the Web Site (including any use by you on behalf of your employer), Your violation of the Terms, or your violation of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
The Arc of Putnam County may provide notice to you via email, regular mail, or posting notices or links to notices on the Web Site. The Arc of Putnam County reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or your use of or access to them, with or without notice. The Arc of Putnam County may also delete, or bar access to or use of, all related Information and files. The Arc of Putnam County will not be liable to you or any third-party for any modification, suspension, or termination of the Services, or loss of related information. The Arc of Putnam County may amend these Terms at any time by posting the amended terms on this Web Site.
8. ADVERTISEMENTS AND PROMOTIONS
The Arc of Putnam County may run advertisements and promotions from third parties on the Web Site. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors. Your correspondence or business dealings with, or participation in promotions of, advertisers other than The Arc of Putnam County found on or through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. The Arc of Putnam County is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-The Arc of Putnam County advertisers on the Web Site.
9. CONTENT PROVIDED VIA LINKS
9.1 You may find links to other Internet sites or resources on the Web Site. You acknowledge and agree that The Arc of Putnam County is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider. The Arc of Putnam County will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Except as expressly authorized by The Arc of Putnam County or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software The Arc of Putnam County discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
10.2 “The Arc of Putnam County Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations The Arc of Putnam County uses in connection with its products and services. You may not remove or alter any The Arc of Putnam County Trademarks, or co-brand your own products or material with The Arc of Putnam County Trademarks, without The Arc of Putnam County’s prior written consent. You acknowledge The Arc of Putnam County’s rights in The Arc of Putnam County Trademarks and agree that any use of The Arc of Putnam County Trademarks by you shall inure to The Arc of Putnam County’s sole benefit. You agree not to incorporate any The Arc of Putnam County Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
10.3 The Arc of Putnam County is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on our Web Site, please contact [email protected].
10.4 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by The Arc of Putnam County on this Web Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “Used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this Section 10.4. Upon termination, you must immediately destroy any downloaded and/or printed Content.
10.5. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement. Provider has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Provider reserves the right to remove any Content that allegedly infringes another person’s copyright. Provider will terminate, in appropriate circumstances, subscribers and account holders of the Provider’s system or network who are repeat infringers of another person’s copyright. Notices to Provider regarding any alleged copyright infringement should be directed to the The Arc of Putnam County General Counsel’s Office at insert Frank’s address, Tallahassee, FL, telephone, fax, email address.
11. DISCLAIMER OF WARRANTIES
11.1 YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEB SITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. The Arc of Putnam County DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The Arc of Putnam County MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEB SITE.
11.2 The Arc of Putnam County MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEB SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEB SITE WILL BE CORRECTED.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEB SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
12. LIMITATION OF LIABILITY
12.1 TO THE FULL EXTENT PERMITTED BY LAW, The Arc of Putnam County IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE, EVEN IF The Arc of Putnam County HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEB SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEB SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Web Site, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
14. GENERAL TERMS
14.3 Florida law and controlling U.S. federal law govern any action related to the Terms and/or your use of the Web Site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and The Arc of Putnam County agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Duval, Florida, U.S.A.
14.4 Services, Content, and product derived or obtained from this Web Site may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or your local laws; (b) not use Services, Content, or direct product from this Web Site to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from this Web Site to prohibited countries and entities identified in the U.S. export regulations.
14.5 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
14.6 The Web Site may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning The Arc of Putnam County’s roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and The Arc of Putnam County’s ability to compete in a highly competitive and rapidly changing marketplace.
14.7 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.