The following Terms of Service govern your access to and use of the Websites at “promly.org,” “promlyapp.com,” and, “20by20.org” including the Content (as defined below) therein (the Websites and Content collectively referred to as the “Websites”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITES.
By using any of the Websites, you indicate your agreement to these Terms of Service. If you do not agree, your access to and use of any of the Websites is not authorized. We welcome a return visit whenever you are prepared to accept these Terms of Service.
Promly, A Public Benefit Corporation & Promly Support, Inc. reserve the right to alter the Terms of Service without notice. A current version of the Terms of Service is always available at thislocation. Your continued use of any of the Websites following the posting of any changes willoperate as an acknowledgement of your acceptance of the then current Terms of Service.
Any questions regarding the specific terms of these Terms of Service should be directed to info@promly.org.
The Websites are owned and operated by Promly Support, Inc. By accessing or using any of the Websites, you agree and acknowledge that the Websites, including all content therein, including, but not limited to, software, graphics, text, video, and the like, including any third-party content, and other materials and information provided on, through, or in connection with the Websites (the “Content”), is the sole and exclusive intellectual property of Promly Support, Inc. and/or its subsidiaries, affiliates, and/or licensors, and shall not be copied, reproduced, displayed, used, sold or otherwise distributed or modified without the express, prior, written consent of Promly Support, Inc or its licensors. Promly Support, Inc. hereby grants you a license to view the Websites solely in accordance with the terms and conditions of these Terms of Service.
The Websites are made available for your personal, non-commercial use only.
Disclaimer of Warranties.
THE WEBSITES ARE INTENDED AS A SUPPLEMENT TO AND NOT AS A SUBSTITUTE FOR, THE KNOWLEDGE, SKILL, AND JUDGMENT OF QUALIFIED PSYCHIATRISTS, PSYCHOLOGISTS, PHYSICIANS AND HEALTH CARE PROFESSIONALS.
THE CONTENT HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE ACCURATE AND RELIABLE. HOWEVER, PROMLY SUPPORT, INC. MAKES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT. SHOULD YOU HAVE ANY HEALTH, MEDICAL OR DISABILITY QUESTIONS OR CONCERNS, PLEASE CONSULT A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL.
THE WEBSITES AND ANY GOODS OR SERVICES YOU ACQUIREFROM THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROMLY SUPPORT, INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSOR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PROMLY SUPPORT, INC. MAKES NO WARRANTY THAT THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR MALICIOUS CODE. PROMLY SUPPORT, INC. MAKES NO REPRESENTATION OR WARRANTIES CONCERNING ANY THIRD-PARTY SITES OR LINKS THAT MAY LINK TO OR FROM ANY OF THE WEBSITES.
Limitation of Liability.
THE WEBSITES ARE PROVIDED FOR INFORMATION AND EDUCATIONAL PURPOSES ONLY. NEITHER PROMLY SUPPORT, INC. (INCLUDING ITS AFFILIATES, PARTNERS, SUBSIDIARIES, DIRECTORS, AND ADVISORS), NOR ANY OF THE SUPPLIERS OF ANY CONTENT, INFORMATION OR MATERIAL IN CONNECTION WITH THE WEBSITES, ACCEPTS ANY RESPONSIBILITY FOR DECISIONS MADE BASED UPON THE USE OF THE WEBSITES, INCLUDING ANY CONTENT OR INFORMATION VIA A THIRD-PARTY LINK ON ANY OF THE WEBSITES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL PROMLY SUPPORT, INC., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITES (INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY AND ALL CONTENT), MISTAKES, OMISSIONS, ERRORS, OR VIRUSES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT PROMLY SUPPORT, INC. IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALLCONTENT (INCLUDING WITHOUT LIMITATION ANY AND ALL MATERIAL, INFORMATION, MERCHANDISE OR SERVICES) THAT MAY BE AVAILABLE FROM TIME TO TIME FROM ANY OF THE WEBSITES OR PROMLY SUPPORT, INC. OR ITS SUBSIDIARIES AND AFFILIATES.
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 may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.
Privacy.
Any personal information provided through or in connection with the Websites will be handled in accordance with the Privacy Statement (which can be found at www.promly.org/privacy_policy). You agree to the terms of the Privacy Statement as may be modified by Promly Support, Inc. in its sole discretion.
Linking to Third-Party Sites.
The Websites may provide you with links to third-party websites, advertising, goods, services, or other materials or information (“Third-Party Materials”). PROMLY SUPPORT, INC. MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD-PARTY MATERIALS AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF ANY THIRD-PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM. You assume full and sole responsibility when you choose to follow any links that lead to third-party websites and when you choose to access, obtain, or use any and all Third-Party Materials. Third-Party websites and applications may link to any of the Websites; You agree that Promly Support, Inc. is not responsible for the content of any such third-party website or application or the actions of any operator of such third-party website or application.
Trademarks.
All marks, titles, logos, characters and names that appear on the Websites, including withoutlimitation Promly, Promly Garden, 20BY20, We Got You, Find Your People, Find Your Voice,ChangeMakers Festival, are trademarks of Promly Support, Inc. (or its partners, affiliates, and/orsubsidiaries). You do not have a license to or any other rights in the foregoing.
Copyrights.
All of the Websites are protected under copyright law. You may print one copy and download one copy of the Content to any single computer, each for your personal, non-commercial, home use only, provided that you keep intact all copyright and other proprietary notices. Content on any of the Websites may be reproduced and distributed only with the prior, written permission of Promly Support, Inc.
If you are authorized to act on behalf of a copyright owner, and any material on any of the Websites infringe on the rights of the owner, please notify our designated agent:
Jennifer Libby
Promly Support,
Inc.20 Community Place,
4th Floor Morristown,
NJ 07960 (973) 867-8605
info@promly.org
To be effective, your notification must provide us with information that meets the requirements of the US Copyright Act.
Termination.
Promly Support, Inc. may terminate your right to access and use any and all of the Websites at any time, and without notice. If you violate any of these Terms of Service, or any other policy posted on any of the Websites, or if you are a repeat copyright infringer, your permission to access any of the Websites and all other rights granted thereto shall automatically and immediately cease. Promly Support, Inc. may immediately terminate your access to any of the Websites and all other rights granted thereto.
Indemnification.
You shall indemnify, defend and hold harmless Promly Support, Inc. and its subsidiaries, affiliates, partners, employees, officers, directors, agents, licensors, and content providers against any claims, losses, expenses, costs, or damages (including without limitation reasonable attorneys’ fees) arising out of or in connection with your use of any of the Websites.
International Use.
Promly Support, Inc. intends that the Websites will be viewed by US persons for informational purposes only. By choosing to access any of the Websites from any location other than the United States, you accept full responsibility for compliance with all local laws. Content found on any or all of the Websites may not be appropriate or legal to use outside the United States. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports.
User Comments and Content.
You grant Promly Support, Inc. the perpetual, irrevocable right to use and publish any materials that you post or provide to or in connection with any of the Websites in any manner that Promly Support, Inc. deems necessary or desirable to provide the services on the Websites. You understand that all user-generated content which you may have access to as part of, or through your use of, any of the Websites is the sole responsibility of the person from whom such content originated. Promly Support, Inc. takes no responsibility for third-party content, nor does Promly Support, Inc. have any obligation to monitor such third-party content. Promly Support, Inc. reserves the right at all times to remove or refuse to distribute any content in our forum. Promly support, Inc. also reserves the right to access, read, preserve and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d)
respond to user support requests, or (e) protect the rights, property or safety of the Websites.
Minors.
The law and good citizenship require us to give special treatment to minors. Therefore, please be aware that users under 18 years of age must comply with applicable legal requirements in their jurisdiction. The Website is not intended for children under the age of 13. If you are under the age of 13, please do not use the Website, and instead please speak to a mental health professionalor other adult.
Governing Law.
These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New Jersey and the United States of America, without regard to their principles of conflicts of law. In addition, you agree to submit to the jurisdiction of the Federal and State Courts located in Newark, New Jersey, and that any action concerning these Terms of Service or your access or use of any of the Websites shall be within the exclusive jurisdiction of such courts.
No Waiver.
The failure by Promly Support, Inc. to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision or any other provision of these Terms of Service.
Survival, Severability, and Construction.
Each provision in these Terms of Service regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Service and if otherwise legally unenforceable due to its breadth, shall be interpreted in such a manner as to preserve its enforceability, while maintaining with the least change in scope.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service, and the remainder of these Terms of Service shall continue in full force and effect.
