Terms of Use

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“USER”) AND FORESTDALE INC. (“FORESTDALE” OR “WE” OR “US” OR “OUR”). THIS WEBSITE, LOCATED AT WWW.FORESTDALE.ORG (THE "WEBSITE"), IS OWNED AND OPERATED BY FORESTDALE. BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD CAREFULLY READ THE FOLLOWING YOUR ACCESS AND USE OF THE WEBSITE ARE SUBJECT TO THESE TERMS OF USE, ALL APPLICABLE LAWS AND REGULATIONS, AND ALONG WITH ANY OTHER TERMS AND CONDITIONS AS MAY BE SET FORTH BY FORESTDALE

The Website provides Users with access to various information and resources, including publications, works of authorship, photo and video content, and other relevant content ("Content"). It also offers ways Users can support Forestdale, including donating and volunteering. User access and utilization of This Website constitute acceptance and agreement with all terms and conditions contained in these terms of use. The Website’s terms of use may be changed or updated by Forestdale without advance notice by posting here. Users will be bound by any such changed or revised terms of use if they continue to use The Website after the changes are published. The publishing date is at the end of this document.

Description of the Services Available
Forestdale Inc. is an NYC child welfare organization. Our primary target populations (about 80%) are families (with youth ages 0-21) who have joined our parenting, preventive or foster care services (“Services”) to seek stability after child protective concerns have been raised. Forestdale’s primary geographic service areas are the boroughs of Brooklyn & Queens, NY. Within these boroughs, we focus on abused/neglected children/youth and their families, single mothers, non-custodial & custodial fathers, families at risk of child removal from the home, victims of domestic violence (DV), abusive partners, young adults, and more. The Website offers our donors and the general public information about Forestdale’s ongoing work. It also provides resources and functionality (i.e., contact forms, volunteering opportunities, blogs, and the ability to donate). 

Registration; Personal Information 
The User can visit The Website and access some of the resources, features, and functionality without being required to provide us with any personal information. However, some resources, features, and functionality require that the User provide some personally identifying information, as more specifically detailed in our privacy policy, located here. If the User opts to make a monthly, recurring donation, your credit card information is stored to facilitate such future donations easily, as further described below.  

AGE REQUIREMENTS
Forestdale’s website is intended solely for Users who are 13 years of age or older. Any registration by, use of, or access to The Website by anyone under 13 is unauthorized. Youths under 13 can only access the Website with a parent or guardian’s permission and supervision. If a youth is 13 or older but under 18, the User should review these TOU with a parent or guardian to ensure that they understand and agree to be bound by the TOU with the parent/guardian’s permission and supervision. Additionally, Users must be 18 years of age or older to conduct any financial transaction on The Website. Forestdale reserves the right to limit other activities – such as volunteering – to those at least 18 years of age. 

LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED
Forestdale hereby grants the User a limited license to access and make personal use of The Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Forestdale, or as otherwise explicitly permitted. This license does not include any resale or commercial use of The Website or its Content; any derivative use of The Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of The Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Forestdale. The User may not frame or utilize framing techniques to enclose Forestdale’s trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. The User may not use any meta-tags or any other "hidden text" utilizing any of Forestdale’s name(s) or service marks without the express written consent of their owners. We (or the respective third-party owners of Content) retain all rights, titles, and interests in The Website and any Content, including any intellectual property rights. We (or the respective third-party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Forestdale. 

INTELLECTUAL PROPERTY RIGHTS
Copyright
Except as otherwise expressly stated, all Content appearing on The Website is the copyrighted work of Forestdale or its third-party Content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content is also the exclusive property of Forestdale and is protected by U.S. and international copyright laws. The User may download information from The Website and print out a hard copy for personal use, provided that the User keeps it intact and does not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, the User may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from The Website, in whole or in part. This includes any text, images, audio, and video in any manner without the prior written authorization of Forestdale or any applicable third-party suppliers. The use of Content, including images, by the User, or anyone else authorized by the User, is prohibited unless specifically permitted by Forestdale. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Forestdale does not warrant or represent that the User’s utilization of Content, Products, and Services or any other materials displayed on The Website will not infringe upon the rights of third parties. If the User believes that any Content on The Website violates or infringes upon their intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at [email protected]. Please provide all specifics necessary for us to consider and respond to your complaint. The User may be asked to provide additional information and follow additional procedures for us to act on the complaint.

Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of Forestdale or an affiliate. Forestdale’s name, logo, website domain, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and trade dress of Forestdale. All other trademarks, service marks, trade dress, product names, company names, or logos, whether registered or not, on The Website are the property of their respective owners. In addition to complying with all applicable laws, the User agrees that they will not use any such trademarks, service marks, trade dress, or other logos from The Website without Forestdale’s prior written authorization.

PAYMENT TRANSACTIONS
Payments and Payments Processing; Rules for All Payments
Forestdale’s website provides the ability to make an online donation. We have engaged the services of Network for Good/Bonterra to process all donation/payment transactions, and we may add additional platforms for special events. These companies manage the routing of applicable customer information through credit card and electronic check processing networks, as applicable. Forestdale is not affiliated with either of these companies, and we are not responsible in any way for the actions or performance (or lack thereof) of either company. Accordingly, Forestdale expressly disclaims responsibility and liability for all services provided by Network for Good and Bonterra, including those about donation/payment transactions. The User hereby agrees that Forestdale shall not be responsible for any loss or damage of any sort incurred as a result of any such services. 

The User hereby acknowledges and agrees that for all donations, (1) they will not use an invalid or unauthorized credit/debit card or other invalid payment methods and that (2) all donations are final and non-refundable. If the User has any questions regarding any payment transaction, don't hesitate to get in touch with us at 718-263-0740 ext. 573 or [email protected].   

Prohibited Use
The User acknowledges and agrees that they shall not engage in any conduct, utilize or attempt to utilize The Website, (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party's use and enjoyment of The Website. Nor shall User utilize or attempt to utilize The Website to (i) access systems, data, or information not intended by Forestdale to be made accessible to a User, (ii) attempt to obtain any materials or information through any means not intentionally made available by Forestdale, or (iii) access restricted areas that are not intended for your use.

In addition, in connection with the utilization of The Website, User agrees they will not:

a)    Upload or transmit any message, information, data, text, software or images, or other Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;

b)    Delete any author attributions, legal notices or proprietary designations, or labels that the User upload to any communication feature;

c)    Utilize The Website’s communication features in a manner that adversely affects the availability of its resources to other Users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

d)    Violate any applicable local, state, national or international law;

e)    Delete or revise any material posted by any other person or entity;

f)     Manipulate or otherwise display The Website by using framing, mirroring, or similar navigational technology, in accordance with the limited license and site access outlined above;

g)    Probe, scan, test the vulnerability of or breach the authentication measures of The Website or any related networks or systems;

h)   Harvest or otherwise collect information about others, including e-mail addresses; or

i)     Utilize any robot, spider, scraper, or other automated or manual means to access The Website or copy any Content or information on The Website.

Forestdale reserves the right to take whichever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, and without limitation, the suspension or termination of the User's access and/or account. Forestdale may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Forestdale reserves the right at all times to disclose any information as Forestdale deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Forestdale’s sole discretion. 

MONITORING
Forestdale has the right, but not the obligation, to monitor any activity and Content associated with The Website. We may investigate any reported violations of The Website policies or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access, and/or removing any materials on The Website). Forestdale may also investigate, in its sole discretion, the use of any credit card by a User registered to make a purchase or donation and take such action as we deem appropriate, including, without limitation, contacting the individual using the card and/or deactivating a User’s account.

LINKS TO THIRD-PARTY WEBSITES/MATERIALS/CONTENT
The Website contains hyperlinks to other sites and various social media sites - owned and operated by parties other than Forestdale (i.e., Google’s search engine). We do not control websites accessed from such hyperlinks or a search and cannot be held responsible for the content or accuracy of anything on these sites, including any advertisements, products for sale, or services. Any such websites are likely to set forth specific terms of use and privacy policies that the User should review. Forestdale is not responsible for the privacy practices of any other websites.

Forestdale is under no obligation to maintain any link on The Website and may remove a link at any time in its sole discretion for any reason whatsoever. Forestdale shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, advertisements, products, services, or other materials available on or through any such website.

SERVICE PROVIDED IN UNITED STATES; COMPLIANCE WITH LAWS
Forestdale’s website is hosted by Squarespace in the United States. By visiting The Website, the User agrees to comply with all applicable federal and state U.S. laws. Without limiting the generality of the foregoing, the User agrees to obtain and comply with all conditions of any registrations, permits, licenses, consents, or permissions that the User is required to hold in order to utilize The Website and any related services. The User shall immediately notify us if any such registration, permit, license, consent, or permission is terminated or revoked.

We make no representations that The Website and any and all information contained therein, including the Opportunities, information, or Content, are appropriate, available, or legal in any particular location. The Website is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Forestdale to any registration requirement within such jurisdiction or country. The User hereby acknowledges and agrees that they are choosing to access The Websites and all related services, Opportunities, information, and/or Content on their own initiative and are responsible for compliance with all applicable international, federal, state, local, and any other applicable laws, statutes, ordinances, and regulations regarding their use of the thereof.

GENERAL DISCLAIMER
The Content, materials, resources, and other information contained on The Website have been prepared by Forestdale as a convenience to its Users and are not intended to constitute advice or recommendations upon which a User may rely. Forestdale has used reasonable efforts in collecting, preparing, and providing such Content, materials, resources, and other information but makes no warranty or guarantee about their accuracy, completeness, or adequacy linked to The Website or any other website maintained by Forestdale. Although we may provide various Opportunities and Services, we make no promises or assurances that such Opportunities or Services will be available and/or offered to the User.

USE OF THIS WEBSITE IS AT THE USER’S SOLE RISK. ALL BLOG CONTENT, CONTENT, RESOURCES, MATERIALS, OPPORTUNITIES, SERVICES, AND OTHER INFORMATION ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. FORESTDALE INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT, AND ACCURACY. FORESTDALE INC. MAKES NO WARRANTY THAT THE WEBSITE, BLOGS, CONTENT, PRODUCTS, SERVICES, MATERIALS, OR ANY OTHER INFORMATION IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED, NOR DO WE MAKE ANY PROMISES THAT THE SERVICES THAT WE OFFER WILL BE AVAILABLE TO THE USER.

LIMITATION OF LIABILITY
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, THE USER UNDERSTANDS AND AGREES THAT IN NO EVENT WILL FORESTDALE INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE), THE OPPORTUNITIES, CONTENT, THE BLOGS OR BLOG CONTENT, OR ANY OTHER MATERIALS, SERVICES OR INFORMATION CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FORESTDALE, EVEN IF FORESTDALE INC. HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES. THE USER UNDERSTANDS AND AGREES THAT THEIR USE OF THE WEBSITE IS PREDICATED UPON THEIR WAIVER OF ANY RIGHT TO SUE FORESTDALE AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM THEIR USE OF THE WEBSITE. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO THE USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND THE USER MIGHT HAVE ADDITIONAL RIGHTS. 

INDEMNIFICATION
The User agrees to defend, indemnify, and hold harmless FORESTDALE Inc., its affiliates, its contractors, and all of its and their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of The Website, any of the Opportunities or Services, your fraud, violation of law, or willful misconduct, and any breach by User of these Terms of Use as stated herein or as modified from time to time in Forestdale’s sole discretion.

SEVERABILITY/WAIVER
If any provision(s) of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then such provision(s) shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver or failure to enforce any of the terms of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

GOVERNING LAW AND JURISDICTION
These Terms of Use and your access to and use of The Website are governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. User agrees that any action at law or in equity arising or in any way relating to these Terms of Use or Website shall be filed only in the state and federal courts located in New York City, NY, and User hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding.

THE USER AND FORESTDALE INC. AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND THAT NEITHER THE USER NOR FORESTDALE INC. WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH THE USER OR FORESTDALE INC. ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. THE USER AND FORESTDALE INC. FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF THE USER, FORESTDALE INC., AND ALL PARTIES TO ANY SUCH PROCEEDING.

FORCE MAJEURE
Forestdale shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control or the reasonable control of our contractors, agents, or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

NOTICES
Any notices to User from Forestdale regarding The Website or these Terms of Use will be posted on The Website or made by e-mail or regular mail. 

WEBSITE PRIVACY POLICY
The Website Privacy Policy (www.forestdaleinc.org/privacy-policy) describes the details of Forestdale’s information practices and procedures for the personal User information we collect at The Website. We strongly urge the User to read our Website Privacy Policy.

Date These Terms of Use: September 21, 2022