Terms of Service

This website (the “Site”), is owned and operated by the Jonas Philanthropies (“Jonas” or “us” or “we”). By accessing or using this Site, you agree to be bound by the following terms of use (the “Terms of Use”) and our Privacy Notice, which is incorporated here by reference (collectively, this “Agreement”). We reserve the right, at our discretion, to change any of these terms in the future. If you do not agree to these Terms of Use, you may not access or otherwise use the Site. Please continue to review these Terms of Use whenever accessing, linking to, or using this Website.  By accessing or using the Site after we post an update or modification to the Terms of Use, you are agreeing to the modified terms. If you don’t agree to be bound by the Terms of Use at any time, please do not access or use the Site.

 

1. SITE USE AND RESTRICTIONS

A. Our Rights
Jonas Philanthropies is the owner and/or authorized user of the content and/or information on the Site (“Content”).  Except as otherwise expressly provided herein, or pursuant to the Terms of Use, your use of the Site does not grant to you a license to the Content you may access on the Site.  Nothing contained on the Site should be construed as granting any license or right to use any Content on the Site without our written permission or that of the third-party rights holder.  You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site.

You acknowledge and agree that JONAS PHILANTHROPIES, JONAS Nursing and Veterans Healthcare, Jonas CHILDREN’s ENVIRONMENTAL HEALTH and JONAS LOW VISION AND BLINDNESS names, logos and other JONAS registered trademarks and service marks (“Our Marks”) are trademarks of Jonas Philanthropies in the United States and other countries. You may not use Our Marks for any product or service that does not belong to us, nor in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use Our Marks in any manner that disparages or discredits us.

B. Restrictions on Use
You must be at least eighteen (18) years old to use this Site. If you are at least eighteen (18) years old and you have not reached the age of majority in your jurisdiction, you may only use the Site with the consent of your parent or guardian who must assume the obligations of these Terms of Use on your behalf.

C. Our License to You
You may use the Site and its contents solely for your own personal, non-commercial purposes and benefit. You may download material from the Site and/or make a reasonable number of copies of the material from the Site for your own, personal noncommercial use and benefit and if applicable, your employer’s own non-commercial purposes and benefit, provided that you retain all copyright and other proprietary notices.

D. Community Guidelines.
When using the Site you agree that you may not:

  1. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  2. Use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Terms of Use.
  3. Reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, download, or in any way exploit any part of the Site.
  4. Use the Site to construct a database of any kind, nor may the Site or its Content be stored (in its entirety or in any party) in databases for access by you or any third party to distribute any database services containing all or part of the Site.
  5. Access, monitor, or copy any Content or information on the Site using any robot, spider, scraper, web crawler, or other automated means or any similar manual process.
  6. Violate the security of this Site or attempt to gain unauthorized access to the Site or computer systems or networks connected to the Site through any means.
  7. Use the Site or the information contained therein in unsolicited mailings or spam material.
  8. Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
  9. Obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
  10. Frame the Site or any portion or page of the Site, or archive, cache, or mirror any page or portion of a page of the Site.
  11. Use the Site in violation of any applicable law.

 

2. SUBMISSIONS

If you send, submit, upload, post, or otherwise make available material to the Site or to Jonas Philanthropies or its representatives, including, without limitation, comments, information, text, feedback, creative ideas, suggestions, or other materials (each a “Submission” and collectively, the “Submissions”), unless we indicate otherwise, you hereby grant Jonas Philanthropies a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Submission, in whole or in part, throughout the world in any form, media, or technology now known or hereafter developed, including all promotion, marketing, publicity, and any other uses thereof, without notice or attribution to you or any other entity or person and without obtaining any further permission or license or making any payment whatsoever, and you acknowledge that Jonas Philanthropies has no obligation to use your Submission. You grant Jonas Philanthropies the right to use the name, voice, and/or likeness that you submit in connection with such Submission and all intellectual property and other proprietary rights included in the Submission.

 

3. DISCLAIMER OF WARRANTIES/LIMITATIONS ON LIABILITY
  1. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON- INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
  2. We do not warrant that the Site is compatible with your equipment or that the Site, or email sent by us or our representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that we and our respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by our negligence or that of our respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns or otherwise arising in connection with the Site and shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages, or any claim against us; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Site caused by your computer equipment or arising from your use of the Site on such equipment.
  3. The content of other websites, services, goods, or advertisements that may be linked to or from the Site is not maintained or controlled by us. We are therefore not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to or from the Site. We do not: (i) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Site; (ii) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Site; or (iii) make any endorsement, express or implied, of any other websites, services, or goods, that may be linked to or from the Site. For the avoidance of doubt, this paragraph covers websites linked to or from the Site. Any statements, opinions, or other information made available by third parties, including users, are solely those of the respective author(s) or distributor(s).
  4. You understand that there is no guarantee that you will have access to our Site or that your application for a grant will be accepted or that you will be awarded a grant or any benefits from Jonas Philanthropies. Anything to the contrary herein set forth notwithstanding, we and our respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions from the Site; (ii) delays, errors, or interruptions in the transmission or delivery of the Site; or (iii) loss or damage therefrom or occasioned thereby, or by any reason of nonperformance.
  5. UNDER NO CIRCUMSTANCES SHALL WE OR OUR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF WE HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SITE OR ANY LINKS OR ITEMS ON THE SITE OR ANY PROVISION OF THE TERMS OF USE. IF YOU ARE A RESIDENT OF NEW JERSEY OR ANOTHER STATE IN WHICH THE APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS SECTION MAY NOT APPLY.

 

4. INDEMNIFICATION

You agree, at your own expense, to indemnify, defend and hold us and our respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns against any claim, suit, action or other proceeding, from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney’s and expert’s fees, arising out of or in connection with: (a) any breach or violation of the Terms of Use by you or someone using your computer; (b) material entered into or transmitted through the Site with the use of your computer; (c) your use or someone using your computer’s use of the Site; (d) a claim that any use of the Site by you or someone using your computer infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; or (e) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site by you or someone using your computer. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense.

 

5. TERMINATION

If applicable, we reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site, at any time and for any reason without prior notice or liability.

 

6. MISCELLANEOUS

A. Governing Law
The Terms of Use shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Site or from a dispute as to the interpretation or breach of the Terms of Use and hereby waive any objection to the propriety or convenience of venue in such courts.

B. Assignment/Delegation
You may not assign or transfer the Term of Use or the rights hereunder, including but not limited to, the limited right for you to access use the Site in accordance with the Terms of Use. We may assign the Terms of Use to an affiliated entity, partner, or any third party. You acknowledge and agree that we may delegate certain of our responsibilities, obligations, and duties under or in connection with the Terms of Use to an affiliated entity, partner, or any third party, which may discharge those responsibilities, obligations, and duties on behalf of us.

C. Copyright Infringement Claims
We respect the intellectual property rights of others and request that Site users do the same.  If you believe that your work has been infringed under copyright law, please follow the instructions below for notifying our Digital Millennium Copyright Act (“DMCA”) designated agent.

To file a notice of infringing material found on our Site, please provide a notification containing the following details:

  1. Identification of the copyrighted work claimed to be infringed or, if multiple works, a representative list of such works;
  2. Identification of the material on our Site that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  3. Your contact information (address, telephone number and, if available, an email address);
  4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.

Please send this notice by email to: info@jonasphilanthropies.org

D. Changes to these Terms of Use
We may change or update these Term of Use and we encourage you to refer back to it periodically. When we revise these Terms of Use we will also revise the Last Updated date above.

E. General
The Terms of Use and any other terms and conditions of service on the Site, and its successor, constitute the entire agreement between you and us and govern your use of the Site. The section titles in the Terms of Use are used solely for the convenience of you and us and have no legal or contractual significance. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force.