TERMS OF USE

United South End Settlements (“USES”) is providing this website at https://www.uses.org/ , all subpages, and all pages provided by or on behalf of USES (together, the “Site”) conditioned on your acceptance of these terms, conditions, and notices. Your use of this Site or any of the features available on or through the Site constitutes your agreement to all such terms, conditions, and notices. DO NOT USE THIS SITE IF YOU DO NOT AGREE WITH THESE TERMS

The Site is not intended for use by children younger than 13 and no one younger than the age of 13 should submit any information through the Site.

USES does not knowingly collect personal information about children under the age of 13.

REGISTRATION

When registering for any of our programs, including registering for Camp Hale or to rent space at Camp Hale, you must provide us with current, complete and accurate information as prompted by the applicable Registration Form. One of our team will contact you to collect additional information and to provide further details regarding your registration.

CONFIDENTIALITY OF INFORMATION

It is USES’s policy to respect the confidentiality of its registrants and participants. The information that you provide to USES will only be used by USES in accordance with the terms of its Privacy Policy which can be found here.

Our Privacy Policy does not apply to third party sites or services. USES engages third parties to provide some of the functionality within the Site. If you are using a service provided by a third party, you will be subject to the third party’s terms of use and privacy policy. For example, Classy provides us with payment management services related to donations. Your information will be governed by Classy’s privacy policy as well as by our Privacy Policy.

The transmission of information (by email or by submitting information in forms) over the Internet is not secure and is subject to possible interception, loss or alternation. USES does not assume any liability for any damages you may experience or costs you may incur as a result of interception, loss or alteration of your personal information. We take commercially reasonable efforts to protect the privacy of your personal information in accordance with our Privacy Policy.

USE LIMITATION

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site, except as otherwise specifically allowed by USES.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Site including but not limited to text, illustrations, images and any other intellectual property, are the property of USES and are protected under U.S. trademark and copyright laws, including the Digital Millennium Copyright Act of 1998 (the “DMCA”), worldwide copyright laws and treaty provisions: Copyright © 2024 United South End Settlements. USES and other names of products

and/or services referenced herein are trademarks, registered trademarks, service marks, or trade names of USES. All other trademarks and registered trademarks on this Site are the property of their respective owners.

Single copies of the content of the Site may be downloaded or printed only for your personal, non-commercial offline viewing or for your records. You may not otherwise license, modify, copy, publish, distribute, sell or display any content form the Site.

COPYRIGHT INFRINGEMENT

The DMCA provides copyright owners recourse for infringement on the Internet. If you believe in good faith that your work appears on the Site and has been copied in such a manner as to represent a copyright infringement, please notify USES at our address listed in the Site so that the situation can be promptly addressed.

In your notification, please provide us with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner

2. A description of the copyrighted work that you claim has been infringed

3. A description of where on our Site the material is located

4. Your address, telephone number and email address

5. A statement by you that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law

6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you’re the copyright owner or authorized to act on behalf of the copyright owner.

LIABILITY DISCLAIMER

THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. USES AND/OR ITS RESPECTIVE LICENSORS AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

USES DOES NOT REPRESENT OR WARRANT THAT THE AVAILABILITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU SPECIFICALLY AGREE THAT USES SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO USING THE SITE.

USES, ITS LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. USES, ITS LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, USES, ITS LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF UNITED SOUTH END SETTLEMENTS, ITS AFFILIATES OR ANY OF THEIR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES USES SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW BUT IN NO EVENT GREATER THAN ONE HUNDRED UNITED STATES DOLLARS (US$100).

INDEMNIFICATION

You agree to indemnify and hold USES, its licensors, suppliers, and their respective officers, directors, volunteers, and employees harmless from any claim, demand, damage, cost, and expense, including reasonable attorneys’ fees, due to or arising out of your: (i) breach of these Terms of Use; (ii) violation of the intellectual property rights of a third party; (iii) posting, disseminating or otherwise publishing unlawful, threatening, abusive, harassing, vulgar, obscene, libelous or defamatory messages on this Site or otherwise violating the legal rights (such as rights of privacy and publicity) of others; or (iv) your use of the Site or any content provided on or through the Site.

TERMINATION

USES may terminate your access to any part or all of the Site and any related site(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

NO SPAM; DAMAGES

USES will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email or message posting. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay USES liquidated damages of US$50 for each piece of spam or unsolicited bulk email or postings transmitted from or otherwise connected with your account, otherwise you agree to pay USES’s actual damages, to the extent such actual damages can be reasonably calculated.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Site, you warrant that you will not use this Site to:

· Violate the privacy rights of other parties or users;

· Alter or tamper in any way with the software, “look and feel” or functionality of the Site;

· Violate USES ‘s or third party rights in connection with proprietary intellectual property and confidential information;

· Reproduce, copy, translate, modify, adapt, distribute, transmit, transfer, republish, modify, compile or decompile, reverse engineer, distribute, transmit, display, remove or delete any proprietary intellectual property or the content and information provided by the USES, its third party licensors and/or other users;

· Allow unauthorized disclosure or copying of any part of the Site or any information obtained from the Site;

· Post on or transmit through the Site any links to, or descriptions of any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material of any kind including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability or otherwise violate any applicable laws; or

· Undertake any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD-PARTY SITES

This Site may contain hyperlinks to sites operated by parties other than USES. Such hyperlinks are provided for your reference only. USES does not control such sites and is not responsible for their contents. USES’s inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their operators.

USE OF COMMUNICATIONS FORUMS

This Site may contain bulletin boards, chat functions and other message and communication facilities (collectively “Forums”). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

· Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

· Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.

· Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

· Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.

· Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

· Falsify the origin or source of software or other material contained in a file that is uploaded.

You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by USES and such communications shall not be considered reviewed, screened, or approved by USES. USES reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. USES reserves the right to deny in its sole discretion any user access to this Site or any portion thereof without notice.

ACCURATE PROGRAM INFORMATION

USES uses reasonable efforts to present on the Site useful information regarding its Programs, including Camp Hale. USES may elect to post program or camp fees on the Site, or other program related information, including procedures for registration and registration forms. USES does not guarantee or warrant that the information, including fees and forms, available on or through the Site is accurate and up to date. USES IS NOT BOUND BY ANY INACCURATE INFORMATION OR OUT OF DATE FORMS.

GENERAL

The Terms of Use and all disputes, claims and actions related hereto, is governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws rules and principles. You hereby consent to the exclusive jurisdiction and venue of courts in Suffolk County, Massachusetts in all disputes arising out of or relating to the use of this Site or any programs described in the Site.

The Terms of Use constitutes the entire agreement between you and USES relating to the Site. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of the Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of the Terms of Use. You agree that the Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of the Terms of Use and the lack of signing by the parties hereto to execute the Terms of Use.

MODIFICATION OF THE SITE AND THESE TERMS AND CONDITIONS

USES has the right to modify the Terms of Use at any time and without prior notice. Amended Terms will be posted on the main page of the Site. We encourage you to review the main page of the Site periodically for any updates or changes.

CONTACT US

If you have questions or comments about the Terms of Use, you may email us at info@uses.org or by mail to:

United South End Settlements

48 Rutland Street

Boston, MA

02118 United States