Terms of Use

Destination: College Terms of Use

Effective as of 12/12/2022

 

Welcome to the Destination: College (DC) Terms of Use agreement. For purposes of this agreement, “Site” refers to DC’s website, which can be accessed at https://destinationcollegeny.org,  which exists for educational and informational purposes only.  No goods or services are sold on the Site. The terms “we,” “us,” and “our” refer to DC. “You” refers to you, as a user of our Site. 

 

The following Terms of Use apply when you view or use the Site for said informational and educational purposes, including any content, functionality, and services offered on or through the Site.

 

Please review the following terms carefully. By accessing or using the Site, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Site.  

 

PRIVACY POLICY

 

DC respects the privacy of its Site users. Please refer to DC’s Privacy Policy (found here: https://destinationcollegeny.org/privacy-policy/

) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site, you signify your agreement to the Privacy Policy as well as these Terms of Use.

 

 

USE RESTRICTIONS

 

Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions: 

You agree that you will not under any circumstances:

  •   access the Site for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Site,
  •   collect or harvest any personal data of any user of the Site. 
  •   use the Site for the solicitation of business in the course of trade or in connection with a commercial enterprise;
  •   distribute any part or parts of the Site without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
  •   use the Site for any unlawful purpose or for the promotion of illegal activities;
  •   harass , or attempt to harass, abuse or harm another person or group;
  •   use another user’s account without permission;
  •   intentionally allow another user to access your account; 
  •   interfere or attempt to interfere with the proper functioning of the Site;
  •   make any automated use of the Site, or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  •   bypass any robot exclusion headers or other measures we take to restrict access to the Site, or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data; 
  •   circumvent, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of content, or enforce limitations on use of the Site or the content accessible via the Site; or 
  •   publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

 

For purposes of this agreement, “User Content” is defined as all text, documents, or other content or information uploaded, entered, or otherwise transmitted by you in connection with your use of the Site.You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content. The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Site or with other Users.

 

ONLINE CONTENT DISCLAIMER

 

Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 

 

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you send via the Site. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content transmitted to users.

 

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or to limit or deny a user’s access to the Site or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. DC shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us at info@destinationcollegeny.org

 

LINKS TO OTHER SITES AND/OR MATERIALS

 

As part of the Site, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Site users. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

 

LICENSE GRANT

 

By offering any User  Content for posting on the Site, you expressly grant, and you represent and warrant that you have a right to grant, to DC a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site.

 

INTELLECTUAL PROPERTY

 

DC owns and maintains the Site for educational and informational purposes only, and it is solely for personal, non-commercial use. All materials on the Site, including but not limited to all information, images, text, video and audio, displays, data, trademarks, service marks, and logos (including the design, selection and arrangement thereof) are, unless otherwise noted, the exclusive property of DC and are protected by United States copyright, trademark, and other applicable law. 

You must not copy, download, reproduce, republish, reuse, distribute, transmit, store, create derivative works of, publicly display, or modify any of the material on the Site for any purpose without DC’s express written permission, except as follows: 

  • your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; 
  • you may store files that are automatically cached by your Web browser for display enhancement purposes; or 
  • you may make a single copy of the content displayed on any page of the Site to be used for your personal and non-commercial use which does not harm the reputation of DC. 

 

You must not: 

  • modify copies of any materials from this site; or 
  • delete or alter any trademarks, copyrights, and any other notice contained in such content. 

 

If you use the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return, or destroy any copies of any materials you have created. No right, title or interest in or to the Site or any content thereof is transferred to you, and all rights not expressly granted are reserved by DC. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other applicable laws.

 

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

 

  • Communications made through the Site’s email and messaging system will not constitute legal notice to the Site, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

 

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

 

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

 

We may also use your email address to send you other messages, including information about the Site. You may opt out of such email by using the “Unsubscribe” link in the message, or by sending an email to destinationcollegeny@gmail.com

Opting out may prevent you from receiving messages regarding the Site,or DC.

 

LIMITATION OF LIABILITIES

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

If you are a California resident using the Site, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

DISCLAIMER OF WARRANTIES  

 

YOU AGREE THAT YOU ARE USING THE SITE SOLELY AT YOUR OWN RISK. THE SITE AND ALL OF THE MATERIALS ON OR REFERENCED BY THE SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.. 

DC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OTHER HARMFUL ELEMENTS, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

 

INDEMNIFICATION 

 

BY USING THE SITE AND ITS CONTENTS, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND VOLUNTEERS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY USE OF THE SITE’S CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE. 

 

MODIFICATION OF TERMS OF USE

 

We may revise and update these Terms of Use from time to time in our sole discretion without notice to you. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. You must consult the most recent version of these Terms of Use each time you view the Site. Your continued use of the Site following the posting of revised Terms of Use constitutes your acceptance of the Terms of Use as modified. 

 

USERS UNDER THE AGE OF 14 

 

No one under the age of 14 is allowed to register on this Site. While the Site is designed to be appropriate for all users, we will not knowingly collect personal information from users who are under the age of 14. If you are not yet 14 years old, please do not participate in any of the activities on the Site that require you to provide personal information. 

DC is committed to safeguarding our users’ online privacy and recognizes the importance of protecting the privacy of personal information, particularly that of children (for further information, please see our Privacy Policy). We take all required steps to protect the privacy and safety of children in accordance with the Children’s Online Privacy Protection Act (“COPPA”). 

 

GENERAL TERMS

 

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

 

You agree that any cause of action related to or arising out of your relationship with DC must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

Your acceptance of these Terms of Use constitutes an agreement between you and DC. This agreement is effective unless and until terminated by either you or DC. You may terminate this agreement at any time by discontinuing use of the Site. DC may also terminate this agreement at any time without notice, and accordingly deny you access to the Site, if in DC’s sole discretion you fail to comply with any term or provision of these Terms of Use. 

 

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New York without regard to conflict of law provisions.

 

We may assign or delegate these Terms of Use and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [INSERT LINK TO PRIVACY POLICY] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

 

  

YOUR COMMENTS AND CONCERNS 

 

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to: destinationcollegeny@gmail.com.