SITE TERMS OF USE

Terms of Use for
Scarsdale Forum Inc. Website

Adopted by Scarsdale Forum Inc. Board of Directors September 13, 2018


Ownership of the Site; Agreement to Terms of Use


These Terms of Use (“Terms of Use”) apply to the Scarsdale Forum Inc. website located at www.scarsdaleforum.com, and all associated sites linked to www.scarsdaleforum.com by Scarsdale Forum Inc., its subsidiaries and affiliates (collectively the “Site”). The Site is owned by Scarsdale Forum Inc. (“Scarsdale Forum,” “us,” “we”). Access to and use of the Site is subject to these Terms of Use and all applicable laws.

By accessing, using, or browsing the Site, you (“you,” “User,” or “Users”) agree to be bound by these Terms of Use and accept, without limitation or qualification, these Terms of Use and all terms, policies, guidelines, or other notices incorporated herein by reference, whether you are a member of Scarsdale Forum or a member of the public. If you do not agree to these Terms of Use, do not use or access the Site. By using this Site, you represent and warrant that you are over the age of 16 (or such older minimum age as may be required by applicable local law) and are lawfully able to accept these Terms of Use. These Terms of Use govern your use of this Site and do not alter in any way the terms or conditions of any other agreement you may have with Scarsdale Forum.

Site Content

Unless otherwise indicated, all of the content, information design, text, articles, graphics, public service announcements, illustrations, photographs, images, data, video, moving images, sounds, audio, music, software, applications, artwork, user interfaces, trademarks, logos, computer code, features, promotions and forums contained or displayed on this Site (collectively “Site Content”), including, but not limited to, the design, structure, expression, “look and feel,” selection and arrangement of such Site Content is owned and/or controlled by Scarsdale Forum, or used herein with permission and is legally protected, without limitation, under U.S. federal and state, and foreign, laws, regulations, and treaties, including copyright, trademark, patent, moral rights, trade dress, and other laws relating to the protection of intellectual property and unfair competition.

Except as otherwise set forth in these Terms of Use, a User of this Site may download or print a copy or copies of any applicable Site Content for personal, noncommercial informational use, provided the User does not remove any trademark, copyright, or other notice contained therein. No use of Site Content in a publication or for commercial purposes is permitted without the prior written permission of Scarsdale Forum.

Your Representations and Warranties

Each time you post or upload User Content, you confirm your acceptance of and agreement to be bound by these Terms of Use and the other terms that also govern and apply to your use of the Site, as they are incorporated herein by reference. As used in these Terms of Use, “post” and “posting” means, including, but not limited to, to upload, post, transmit, share, store, link or otherwise make available on or through the Site. You are solely responsible for User Content that you post or provide on the Site and on third-party social networking websites in which Scarsdale Forum maintains a profile. By posting any content on the Site, you automatically agree to indemnify Scarsdale Forum from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, resulting from your breach of these Terms of Use and those terms incorporated herein and the below posting restrictions.

Your Use of the Site

When using this Site and by placing, submitting, displaying, transmitting, and/or posting material or content on the Site, including without limitation sending emails to other users using the Site (referred to as “User Content”), you shall:


Comply with all applicable laws and these Terms of Use; and


Be respectful – do not insult, threaten, harass, or abuse; do not use profanity or obscene language. Hate speech, discrimination of any kind and personal attacks are grounds for immediate suspension of access to the Site.

A post containing User Content that includes any of the following type of content shall be considered harassment and/or abusive and therefore a violation of these Terms of Use and grounds for immediate suspension of access to the Site: Violence, threats of violence, incitement of violence, or violent language directed against another person; Sexist, racist, homophobic, transphobic, ableist or otherwise prejudiced or discriminatory language; Posting or displaying sexually explicit or violent material; Personal insults, including, but not limited to, those related to gender, sexual orientation, race, religion, disability, or contrary points of view; Deliberate harassment, intimidation, stalking or following; Advocating for, or encouraging, any of the above behavior.

The above list is provided for illustrative purposes and shall not limit the discretion of the Scarsdale Forum in determining whether or not a particular post violates these Terms of Use. 


You shall NOT submit, upload, or post to the Site any User Content that: Violates a person’s or entity’s rights, including copyright, trademark or patent rights, or other proprietary rights; Contains the voice, likeness, or image of any person, firm, or enterprise for which you do not have permission to post; Defames or invades the privacy rights of any person; Contains viruses, corrupted files, or other materials that may cause damage to another’s computer, network or server; Is or contains political campaigning, junk mail, spam, repetitive messaging chain letters, or solicitations; In using the Site you shall not: Violate any law or advocate the performance of any illegal activity; Collect contact information of other Users of the Site by electronic or other means for any purpose whatsoever, including, but not limited to, sending unsolicited e-mails or other unsolicited communications; Use or attempt to use another User’s account or password; Impersonate any person or entity, or otherwise misrepresent yourself, your identity, your age, or your affiliation with Scarsdale Forum or any other person or entity; and/or Interfere with, attempt to interfere with or otherwise harm or violate the proper working of the Site or the security of the Site, or any services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site.

Scarsdale Forum Mobile Services and Applications


This Site and some of the features and Site Content available on this Site may be available via a mobile phone, including, but without limitation, the ability to browse the Site and upload content from the Site or to the Site via your mobile phone, or to use your mobile phone to make a one-time donation to Scarsdale Forum Inc. (“Mobile Services”). You acknowledge that you are responsible for all charges and necessary permissions related to these Mobile Services and accessing the Site through your mobile access provider. By using the Mobile Services, you agree that Scarsdale Forum may communicate with you through text message or other electronic means via your mobile phone/device and that certain information about you including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Scarsdale Forum plugins that load in your browser may be communicated to Scarsdale Forum.

Disclaimer and Limitations of Liability

The materials on this Site are provided solely for educational purposes. Scarsdale Forum does not warrant that the Site will meet your requirements or provide specific results, be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Site, or the server that makes it available, is free of viruses or other harmful components.

USE AND BROWSING OF THIS SITE AND ANY LINKED SITES IS AT YOUR OWN RISK. ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND AND IS SUBJECT TO CHANGE WITHOUT NOTICE. SCARSDALE FORUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING SCARDALEFORUM.COM, THE CONTENT, ADVERTISING, INFORMATION, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, AND/OR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ACCURACY OF THE INFORMATION CONTAINED IN THIS SITE FOR ANY PURPOSE AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR SUCH CONTENT OR SERVICE. SCARSDALE FORUM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, INCLUDING ALL STATUTORY, EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND USE, TITLE, ACCURACY, AND NONINFRINGEMENT. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL SCARSDALE FORUM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR YOUR USE OR YOUR INABILITY TO USE EQUIPMENT OR ACCESS DATA, YOUR LOSS OF DATA, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF INCOME, LOSS OF CONTRIBUTIONS OR PROFITS, BUSINESS INTERRUPTION, OR THE LIKE), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY LAW, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR PERFORMANCE OF THIS SITE,THE SITE CONTENT, LINKED SITES OR THIRD-PARTY MATERIALS, WITH ANY DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE EVEN IF RI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH SCARSDALE FORUM IS TO DISCONTINUE USING THE SITE. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON LIABILITY, THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless Scarsdale Forum, including its directors, officers, committee members, employees, agents, contractors, subcontractors, and representatives (“Forum Indemnitees”) from and against all claims (including, claims of patent, trademark, and copyright infringement), demands, actions, damages, losses, costs, liabilities, expenses (including reasonable attorneys' fees and other legal expenses), awards, fines, and judgments asserted against or recovered from Forum Indemnitees due to, arising out of or in connection with your use of the Site and any User Content you post. Scarsdale Forum shall not be liable in any way for injuries to persons or damages to property incurred or suffered by you or any of your subcontractors, agents, heirs, successors or assigns, or any person related to you in any way.

Change in the Terms of Use

Scarsdale Forum may change, add, modify or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior to each use of the Site. By continuing to use this Site, you agree to any changes in the Terms of Use.

Discontinuation of Service

Scarsdale Forum may change, suspend, interrupt, terminate operation or access to, or discontinue the Site or any portion of the Site at any time, without notice, including the availability of Site Content and any other services. Scarsdale Forum may also impose limits on the Site or restrict your access to parts of or the entire Site and Site Content without notice or liability and in its sole discretion.


Violation of These Terms of Use

Scarsdale Forum reserves the right, without notice and in its sole discretion, to terminate your access to the Site and/or block your access to the Site if Scarsdale Forum determines that you have violated these Terms of Use, or other agreements or terms which may be associated with your use of the Site. In the event of termination of your use of this Site for any reason, you agree that the following provisions of these Terms of Use shall survive: limitations on your use of Site Content, copyright complaints, the license(s) you have granted to Scarsdale Forum, warranties, disclaimers, indemnifications, and limitations of liability. If Scarsdale Forum does take legal action against you as a result of your violation of these Terms of Use, Scarsdale Forum shall be entitled to recover from you all reasonable fees and costs of such action, in addition to any other relief Scarsdale Forum may have at law or in equity. In the event that you reasonably believe any posting to the Site is inappropriate under these Terms of Use, you may email your concern to abuse@scarsdaleforum.com and/or info@scarsdaleforum.com, and the matter will be reviewed and consideration will be given, in the sole discretion of Scarsdale Forum, to what response, if any, may be necessary or desirable under the circumstances.  While Scarsdale Forum has sole discretion to determine whether, and the nature of, any response will be given to an issue reported to it pursuant to this provision, it does not undertake to respond to each issue reported.

General

The section titles used in these Terms of Use are for convenience and do not have any legal or contractual effect. You agree that all matters relating to your access to or use of the Site, including all disputes, shall be governed and construed by and under the laws of the State of New York, without regard to its conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the New York State courts sitting in White Plains, New York, or the federal courts in the Southern District of New York sitting in White Plains, New York, to resolve any disputes arising under these Terms of Use. Any claims under these Terms of Use must be brought within one (1) year after the cause or action arises, or such claim or cause of action is barred unless not permitted by law.

These Terms of Use together with the Scarsdale Forum Privacy Policy posted on this website, contain the complete agreement between you and Scarsdale Forum with respect to your use of this Site, and supersede all prior or contemporaneous agreements or understandings, whether oral or written. You shall have no rights in or to Scarsdale Forum’s proprietary property made available to you on the Site. You may not sublicense, assign, or transfer any licenses granted to you by Scarsdale Forum, and any attempt to sublicense, assign, or transfer shall be null and void. Any failure or delay of Scarsdale Forum to enforce or exercise any provision of or its rights under these Terms of Use shall not be construed as a waiver of those rights or provisions or a breach of these Terms of Use by Scarsdale Forum.

If any of the terms are to any extent contrary to law, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

These Terms of Use may not be modified by you in writing or otherwise and any such offer for modification shall be rejected. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on Users.

 

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