Scarsdale Forum Inc. Website
Adopted by Scarsdale Forum Inc. Board of Directors September 13, 2018, as amended by the Scarsdale Forum Executive Committee March 20, 2023
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.
Your Representations and Warranties
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:
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.
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.
Procedures to Ensure Communications and Protect System Files
Scarsdale Forum members shall use the Forum email system with URLs ending in “@scarsdaleforum.com” for purposes of sending and receiving all email correspondence concerning or relating to the activities of the Forum and/or any Forum committee, including scheduling and notice of meetings. In the event a Scarsdale Forum member (including any member of the Forum Board or its Executive Committee, and any Chair or member of any Forum Committee) is informed or believes that a temporary or other failure of the Forum email system functionality has occurred, such member may optionally send and receive such Forum-related email correspondence through the use of personal email addresses in addition to (but not in lieu of) using the Forum email system and its URLs for the purpose of sending and receiving such email correspondence. In addition, such member shall include the additional URL email@example.com when communicating to Forum members during any such failure of the Forum email system functionality, and, upon resolution of any communications failures, shall facilitate transfer such email communications to the Forum server if the originals cannot be located on or reinstated by the server. The purpose of this protocol requiring the use of both these email distribution pathways is to facilitate delivery of Forum communications to intended recipients, while taking care to ensure the preservation of email files on the Forum website’s server that may be recoverable once functionality of the system is restored.
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.
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.
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.
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.