Terms of Service
Last updated: August 29, 2013
Bronx Independent Living Services (“BILS”) is a non-profit, community-based organization dedicated to empowering people with disabilities to understand and exercise their civil and human rights in order to live fully integrated lives in mainstream society.
Through http://www.bils.org (the “Site”), BILS provides information on its activities and services, online support and counseling (“Online Support”) and other online help (together with the Site, the “Service”).
These Terms of Service (“Terms”) govern your access to and use of the Site and related services, so please read them carefully before using the Site and Services. As our business grows and we add new functionality to the Site and Services, we may revise these Terms periodically. If we do, we will post the changes here. Your continued use of the Site after any changes are posted constitutes your acceptance of the new Terms.
Your Use of Service:
In order to access or use the Service, you may be required to provide current, accurate, identification, contact and other information. You are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of your [username and password]. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your [username or password] so please notify BILS immediately of any unauthorized use of your account or any other breach of security.
Modifications to Service and Data:
The Service may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Service (or a part of the Service).
You must be 13 years of age to use this Service, with or without registering.
Conditions of Use
You are solely responsible for all information, data, text, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (“post”) or email or otherwise transmit or use via the Service. You agree to not use the Service or Online Support to:
- post, email or otherwise transmit any content that is unlawful, threatening, unsolicited “junk mail” or spam, contains software viruses or, in the sole judgment of BILS, restricts or inhibits any other person from using or enjoying the Service, or which may expose BILS or its users to any harm or liability of any type;
- “stalk”, harass or otherwise violate the legal rights of others;
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt the Service or Online Support or disobey any requirements, procedures, policies or regulations of the Service or Online Support;
Online Support for Victims of Crime and Domestic Violence:
As part of the Services, we provide Online Support, including counseling, support groups and other online interactions. Anonymity and security is very important for the users of our Online Support services. In addition to the other conditions of use listed in these terms, as a user of Online Support you agree to:
- keep your identity and identifying information confidential;
- keep the information shared by other users as part of Online Support confidential and not share such information outside of the Online Support setting;
- be respectful of other users of Online Support;
- keep your Online Support login or access information confidential, and contact BILS immediately if you suspect that such login information has been compromised.
Intellectual Property Rights
The BILS name and logo are trademarks and service marks of BILS (collectively the “BILS Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to BILS. You may not use any of BILS Trademarks without our prior written permission.
Third Party Material:
BILS will not be liable for any content posted by third parties or at the direction of users; you must evaluate the accuracy and usefulness of this content. BILS does not pre-screen content, but BILS and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Service, including the right to remove any content that violates the Terms or is deemed by BILS to be objectionable.
User Content Posted on the Site:
You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You may not post any content that you did not create or that you do not own. By posting User Content you hereby grant and will grant BILS and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation, advertising or marketing of the Service, in any form now known or later developed.
We welcome your comments, questions, suggestions and feedback about the Site or the Service, but be aware that any comments or suggestions you make to BILS become the property of BILS.
Third Party Links and Content
The Service may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the Internet. BILS has no control over such sites and resources and BILS is not responsible for and does not endorse such sites and resources. BILS will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource.
By using the Service you agree to release, discharge and hold harmless BILS and its subsidiaries and affiliates (the “BILS Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify and hold BILS and the BILS Entities harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Service, or publicly distributed on the web, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BILS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BILS AND THE BILS ENTITIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BILS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL BILS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that BILS, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. BILS will not be liable to you or any third-party for any termination of your access to the Service.
The Terms constitute the entire agreement between you and BILS and govern your use of the Service, superseding any prior agreements between you and BILS with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and BILS agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All of the pages on the site have the same “look and feel”. Below is a list of the accessibility features incorporated into the website:
A “skip to main content” link has been added on top of the header on all of the pages within the site. This link allows users of assistive technologies to skip to the main content of a page without having to go thorough the navigation menu.
We have structured the site in a way that will allow you to take advantage of your screenreader’s heading jump facilities. The information on the page is organised under headings so that you can easily skip through the page.
Zooming in and Font Sizes
If you find that font sizes are too small simply increase the default font size used in your web browser software (for example, in Internet Explorer font sizes can be changed in the View Menu under ‘Text Size’). In Firefox or Chrome you may use the Control – and Control + shortcuts to decrease or increase the text size, accordingly.
Let us Know
If you encounter any difficulties in using this site please let us know by any of the methods listed on our contact page.