This is a legal agreement between you and The New York Foundling (“The Foundling” or “we” or “us” or “our”). This website, located at www.nyfoundling.org (the “website”), is owned and operated by The New York Foundling.  Before accessing or using any part of the website, you should read carefully the following terms and conditions contained in this terms of use agreement (the “TOU”). Your access to and use of the website are subject to these terms of use, as well as to all applicable laws and regulations, and along with any other terms and conditions as may be set forth by The New York Foundling.

This website provides users with access to a variety of information and resources, including e-newsletters, publications, works of authorship, photo and video content, and other relevant content (the “content”), and a variety of opportunities to support our organization, including through making a donation, advocacy opportunities, and volunteering (the “opportunities”).  The New York Foundling is willing to license and allow the use of this website only on the condition that you accept and agree to all of the terms and conditions contained in these terms of use. If you do not agree with these terms of use, you are not granted permission to access or otherwise use the website. Your access to and use of this website constitutes your acceptance of and agreement to abide by these terms of use. These terms of use may be changed, modified or updated by The New York Foundling from time to time without advance notice by posting here and you will be bound by any such changed, modified or updated terms of use if you continue to use this website after such changes are posted. The date these terms of use were last updated is stated at the end of this document.  You are encouraged to review the website and these terms of use periodically for updates and changes.


Our Website provides our donors and the general public with information related to The New York Foundling’s programs, services, and other ongoing work.  It also provides a wide variety of resources and functionality.


You can visit the Website and access some of the resources, features and functionality without being required to provide us with any personal information. However, certain resources, features and functionality will require that you provide us with some personally identifying information about yourself, as more specifically detailed in our privacy policy, located here. If you opt to make a monthly, recurring donation, you will also have the option of storing credit card information in order to easily facilitate such future donations, as further described below.   


Our Website is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website by anyone under 13 is unauthorized. If you are under 13, you are only allowed to access this Website with your parent’s or guardian’s permission and supervision.  If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision. Additionally, you have to be 18 years of age or older if you want to conduct any type of financial transaction on the Website, and further provided that we reserve the right to limit certain other activities related to the work that we do – such as volunteering – to those who are at least 18 years of age. 


The New York Foundling hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The New York Foundling or as otherwise explicitly permitted. This license does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of The New York Foundling. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The New York Foundling without The New York Foundling’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of The New York Foundling’s name(s) or service marks without the express written consent of their owners.  We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by The New York Foundling. 



Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of The New York Foundling or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of The New York Foundling and is protected by U.S. and international copyright laws. You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of The New York Foundling or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by The New York Foundling. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. The New York Foundling does not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Website will not infringe rights of third parties.  If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at accounts@nyfoundling.org with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.


Certain trademarks are the service marks and trademarks of The New York Foundling or one of its affiliates. The New York Foundling name, logo, the domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of The New York Foundling. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of The New York Foundling. 


Payments and Payments Processing; Rules for All Payments

The New York Foundling Website provides the ability to make an online donation. The New York Foundling has engaged the services of both Blackbaud, Inc. and GiveSmart, Inc. and Community Brands HoldCo, LLC., payment services providers, to process all donation/payment transactions.  These companies manage the routing of applicable customer information through the credit card and electronic check processing networks, as applicable. The New York Foundling is not affiliated with either of these companies, and we are not responsible in any way for the actions or performance (or lack thereof) of either company.  Accordingly, The New York Foundling expressly disclaims responsibility and liability for all services provided by both Blackbaud and GiveSmart and Community Brands, including those related to donation/payment transactions, and you hereby agree that The New York Foundling shall not be responsible for any loss or damage of any sort incurred as a result of any such services. 

You hereby acknowledge and agree that for all donations, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all donations are final and non-refundable. If you have any questions regarding any payment transaction, please contact us by phone at 212-886-4064 or by email at development@nyfoundling.org.     


Our Website contains blogs (“Blogs”). The content, view and opinions published in Blogs written by our personnel or contributors – or from links or Blogs that we post on the Website from other sources – belong solely to their respective authors and do not necessarily reflect the views of The New York Foundling, its management or employees.  Comments or opinions expressed on the Blogs are those of their respective contributors only. If you find any posts in these Blogs to be offensive or objectionable, please contact us via email at accounts@nyfoundling.org and reference the relevant Blog. If we determine that removal of a post or posts is necessary, we will make reasonable efforts to do so in a timely manner.


You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Website.  Nor shall you use or attempt to use this Website to: (i) access systems, data or information not intended by The New York Foundling to be made accessible to a user, (ii) attempt to obtain any materials or information through any means not intentionally made available by The New York Foundling, or (iii) access restricted areas that are not intended for your use. In addition, in connection with your use of the Website, you agree you will not: a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; b) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; c) use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); d) violate any applicable local, state, national or international law; e) delete or revise any material posted by any other person or entity; f) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage nyfoundling.org, in accordance with the limited license and site access outlined above; g) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; h) harvest or otherwise collect information about others, including e-mail addresses; or i) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any Content or information on this Website. The New York Foundling reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. The New York Foundling may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, The New York Foundling reserves the right at all times to disclose any information as The New York Foundling deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The New York Foundling’s sole discretion. 


The New York Foundling has the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violations of the Website policies or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Website).  The New York Foundling may also investigate, in its sole discretion, the use of any credit card by a user registered to make a purchase, and take such action as we deem appropriate, including without limitation, contacting the individual using such card and/or deactivating a user’s account.


This Website contains hyperlinks to other sites owned and operated by parties other than The New York Foundling. We do not control the websites accessed from such hyperlinks, and cannot be held responsible for the content or accuracy of anything on these sites, including any advertisements, products for sale, or services.  Any such websites are likely to set forth specific terms of use and privacy policies that you should review. The New York Foundling is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. The New York Foundling shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, advertisements, products, services or other materials available on or through any such website.  The New York Foundling is not responsible for the privacy practices of any other websites.


Our Website is hosted in the United States.  If you are a non-U.S. user of The New York Foundling’s Website, by visiting the Website you agree to comply with all applicable federal and state U.S. laws. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Website and any related services, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.

We make no representations that the Website and any and all information contained therein, including the opportunities, information or content are appropriate, available or legal in any particular location. This Website is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject The New York Foundling to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Websites and all related services, opportunities, information and/or content on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the thereof.


The blogs, content, materials, resources and other information contained on this Website has been prepared by The New York Foundling as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. The New York Foundling has used reasonable efforts in collecting, preparing and providing such blogs, content, materials, resources and other information, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the blogs, content, materials, resources and other information contained in or linked to this Website or any other Website maintained by The New York Foundling.  Although we may provide a variety of opportunities and services, we make no promises or assurances that such opportunities or services will be available and/or offered to you.

Your use of this website is at your sole risk. All blogs, blog content, content, resources, materials, opportunities, services, and other information are provided on an “as is” or “as available” basis, and The New York Foundling expressly disclaims all warranties and conditions with respect to the website and all elements thereof, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, satisfactory quality, quiet enjoyment and accuracy. The New York Foundling makes no warranty that the website, blogs, content, products, services, materials or any other information is accurate, timely, uninterrupted, virus-free or error-free, or that any such problems will be corrected, nor do we make any promises that the services that we offer will be available to you.


In addition to the above warranty disclaimers, you understand and agree that in no event will The New York Foundling will be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, loss of use, loss of income, loss of goodwill or reputation, damage to or corruption of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the website (or inability to use the website), the opportunities, content, the blogs or blog content, or any other materials, services or information contained in or accessed through the website, including without limitation any damages caused by or resulting from reliance by user on any information obtained from The New York Foundling, even if The New York Foundling has been advised of the possibilities of those damages. You understand and agree that your use of the website is predicated upon your waiver of any right to sue The New York Foundling and its affiliates directly or to participate in a class action suit for any losses or damages resulting from your use of the website. 

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. 


You agree to defend, indemnify, and hold harmless The New York Foundling, its affiliates, its contractors, and all of its and their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this Website, any of the Opportunities or Services, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in The New York Foundling’s sole discretion.


If any provision(s) of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then such provision(s) shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver or failure to enforce of any of the terms of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.


These Terms of Use and your access to and use of this Website are governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Terms of Use or Website shall be filed only in the state and federal courts located in the New York City, NY, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.  

You and The New York Foundling agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor The New York Foundling will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or The New York Foundling acts or proposes to act in a representative capacity. You and The New York Foundling further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, The New York Foundling, and all parties to any such proceeding.


The New York Foundling shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of our contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.


Any notices to you from The New York Foundling regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail. 


Our Website Privacy Policy describes the details of The New York Foundling’s information practices and procedures for personal information we collect at this Website.  We strongly urge you to read our Website Privacy Policy.

Date These Terms of Use were Last Updated: August 23, 2019.

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