Terms of Use
Welcome to our Website. This Website
is best viewed using a contemporary browser with the Macromedia
Flash plug-in installed.
Your use of and access to the Website and the Services provided
or made accessible to you by Youth Enterprise Zone, or its
subsidiaries and affiliates (collectively, “ YEZ ”,
“ we ”, “ us ” or the like)
are provided under these " Terms of Use " and
any amendments to these Terms of Use that may be posted from
time to time (collectively, the " Terms ", " Terms
of Use " or this “ Agreement ”). The
term “ Website ” refers to each of the web
pages contained in all the Websites owned, operated or controlled
by us, including any Website through which we may provide
any of our products or services (collectively, the “ Services ”).
PLEASE READ THESE TERMS CAREFULLY PRIOR
TO ACCESSING OR USING THE WEBSITE OR THE SERVICES. You
acknowledge and agree that the Pennsylvania Electronic
Transactions Act (“ PETA ”) applies to
the transactions conducted on or through the Website and
the Services and that you and YEZ may conduct any transactions
contemplated herein by electronic means. This means that you expressly agree to receive
communications and disclosures from YEZ via electronic mail,
the Website or other electronic means. By accessing
or using the Website or the Services, you are accepting the
Terms and agreeing to be legally bound by them. If
you do not agree to be legally bound by the Terms, you are
not permitted to access or use the Website or the Services.
Modification
YEZ shall have the right, at its sole
discretion, to modify, add or remove any terms or conditions
of these Terms of Use without notice or liability to you. Any
changes to these Terms of Use shall be effectively immediately
following the posting of such changes on this Website.
The most recent version of these Terms of Use may always
be found at http://www.youthenterprisezone.org/terms.php. You
agree to review these Terms of Use from time to time and
agree that any subsequent use by you of this Website following
changes to these Terms of Use shall constitute your acceptance
of all such changes. These Terms
of Use were last modified on September 28, 2004.
Restrictions on Use
This Website is for informational purposes
only and is not intended to provide specific advice. It is provided
to you solely for your own personal, non-commercial use and
not for purposes of resale, distribution, public display
or performance, or any other uses by you in any form or manner
whatsoever. Unless otherwise indicated on this Website,
you may display, download, archive, and print a single copy
of any information on this Website, or otherwise distributed
from YEZ, for such personal, non-commercial use, provided
it is done pursuant to the User Conduct and Obligations set
forth herein.
You may not reverse engineer, decompile
or otherwise attempt to reconstruct the Website. You
may not systematically retrieve any material, content or
information appearing on or accessible through the Website
(" Materials ")
to directly or indirectly compile or create a collection,
compilation, database or directory or any other service or
product, whether or not competitive with the Website, without
YEZ's prior written consent. Except with respect to
commercially available applications commonly known as “web
browser” software, you may not use any software, program,
application or other device to access or log on to the Website,
or to automate the process of obtaining, downloading, transferring
or transmitting any Materials, without YEZ's prior written
consent.
YEZ and its licensors reserve all rights to the Website,
Services and Materials, and any other use of the Website,
Services and Materials for any purpose not expressly granted
in the Terms or any other applicable written agreement between
YEZ and you is expressly prohibited.
Modification or Suspension of Website
YEZ reserves the right, at its sole discretion, to modify,
disable access to or discontinue, temporarily or permanently,
any part or all of this Website or any information contained
thereon without liability or notice to you.
Privacy Policy
You have read and agree to all of the terms and conditions
of our Privacy Policy, which is located at: http://www.youthenterprisezone.org/privacy.php.
Confidentiality and Transmissions over the Internet
The transmission of data or information
(including communications by e-mail) over the Internet
or other publicly accessible networks is not secure, and
is subject to possible loss, interception or alteration
while in transit. Accordingly,
we do not assume any liability for any damage you may experience
or costs you may incur as a result of any transmissions over
the Internet or other publicly accessible networks, such
as transmissions involving the exchange of e-mail with us
(including those which may contain your personal information). While
we shall take commercially reasonable efforts to safeguard
the privacy of the information you provide us and treat such
information in accordance with our Privacy Policy, in no
event will the information you provide to us be deemed to
be confidential, create any fiduciary obligations to you
on our part, or result in any liability to you on our part
in the event that such information is inadvertently released
by us or accessed by third parties without our consent.
User Conduct and Obligations
You agree to follow all applicable laws
and regulations when using this Website. Furthermore,
you agree that you shall not:
Upload, post or otherwise
transmit through or to this Website any content that:
Is unlawful, abusive, threatening,
harmful, obscene, lewd, offensive, defamatory or otherwise
objectionable;
Might infringe the intellectual property rights,
privacy rights, rights of publicity, or other proprietary
rights of others;
Contains any viruses, Trojan
horses, time bombs, or any other harmful programs or
elements;
Disrupt, place unreasonable
burdens or excessive loads on, interfere with or attempt
to gain unauthorized access to any portion of our Website,
its computer systems, servers or networks;
Provide false information
about yourself to us, impersonate any other person,
or otherwise attempt to mislead others about your identity
or the origin of any content, message or other communication;
Transmit junk mail, chain
letters, or other unsolicited bulk e-mail or duplicative
messages;
Collect information about
other visitors to our Website without their consent
or otherwise systematically extract data or data fields,
including without limitation any financial data or e-mail
addresses;
Sell access to or the use
of this Website, including any content contained on,
downloaded or accessed from this Website, except as specifically
permitted in writing by YEZ;
Redistribute any content,
including financial data, provided by us in any manner
whatsoever including by means of printed publication,
fax broadcast, web pages, e-mail, web newsgroups or forums,
or any other electronic or paper-based service or method;
Intentionally alter the
format in which financial data is provided by us or
otherwise circumvent our regular interfaces to such data;
and
Embed or import any financial
data provided by us into any information services (whether
or not web-based), data files or application software,
including without limitation accounting and payroll
systems, except as except as specifically permitted in
writing by YEZ.
By uploading, posting or otherwise transmitting through
or to our Website any content, you grant to us, our successors
and assigns, a non-exclusive, world-wide, royalty free, perpetual,
non-revocable license to use or distribute such content in
any manner otherwise than as stated in our Privacy Policy.
Third Party Websites, Content and Products
and Services
Links or pointers to other websites and
references to products and services offered by third parties
are provided to you for convenience only and do not constitute
an endorsement or approval by us of (i) the organizations
that operate such websites; (ii) the content, privacy policies
or other terms of use on such websites; or (iii) such third
party products and services. As we have no control
or responsibility over websites or content maintained by
other organizations, or for products and services offered
by third parties, we do not assume any liability for your
use of any of the foregoing, which use you acknowledge
and agree shall be at your own risk.
Proprietary Rights
The YEZ trademarks, service marks, trade
names, logos, and other identifying marks of YEZ are and
shall remain the trademarks and trade names and exclusive
property of YEZ, and any unauthorized use of these marks
is unlawful. Other trademarks on
this Website are the property of their respective owners. All
content on this Website, including without limitation all
programs, complied binaries, interface layout, interface
text, documentation and graphics, is the copyrighted property
of YEZ and is protected by international copyright law. The
content on this Website may be used by you only for your
personal, non-commercial use as provided for in these Terms
of Use, but may not be taken out of context or presented
in a misleading or discriminatory manner. Any rights not
expressly granted to you are reserved by YEZ.
Notice of Copyright Infringement
Our policy is to comply with all intellectual
property laws and to act expeditiously upon receiving any
notice of claimed infringement. If you believe that
your work has been reproduced on this Website in a manner
that constitutes copyright infringement, please provide
a notice of copyright infringement containing all of the
following information:
A physical or electronic
signature of a person authorized to act on behalf of the
copyright owner for the purposes of the complaint.
Identification of the copyrighted
work claimed to have been infringed.
Identification of the material
on our Website that is claimed to be infringing or to be
the subject of infringing activity.
The address, telephone number
or e-mail address of the complaining party.
A statement that the complaining
party has a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright
owner, its agent or the law.
A statement, under penalty of perjury, that the information
in the notice of copyright infringement is accurate, and
that the complaining party is authorized to act on behalf
of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:
Youth Enterprise Zone
5432 Butler Street
Pittsburgh, PA 15201
412-782-5710 (p)
412-782-5720 (f)
bgcwpa@cs.com
IMPORTANT: We at YEZ are committed to establishing
our services in as many languages as possible. However, our
company is based in the United States and our staff are English-speaking.
We apologize, but we can only correspond in English.
Disclaimer of Warranties, Exclusion of Damages and
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
YOUR USE OF AND ACCESS TO THE SERVICES AND THE WEBSITE
ARE AT YOUR SOLE RISK. THE PERFORMANCE OF THIS WEBSITE
AND ALL MATERIALS AND INFORMATION CONTAINED ON, DOWNLOADED
FROM OR ACCESSIBLE THROUGH THIS WEBSITE ARE PROVIDED TO
YOU ON AN "AS IS" BASIS,
WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY
IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS
OF THIRD PARTIES, EACH OF WHICH IS EXPRESSLY EXCLUDED. YEZ
shall be not responsible for any problems or technical malfunction
of any telephone network or lines, computer on-line systems,
servers, Internet access providers, computer equipment, software,
or any combination thereof including any injury or damage
to your or any other person's computer as a result of using
this Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL YEZ OR ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS, LICENSORS, CO-BRANDERS OR OTHER BUSINESS
ASSOCIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA,
GOODWILL OR OTHER INTANGIBLES, EVEN IF YEZ OR ANY OF THE
FOREGOING PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF OR RELATED
TO: (1) THE USE OF OR ACCESS TO OR THE INABILITY TO USE
OR ACCESS THE SERVICES OR THE WEBSITE, (2) THE COST OF
PROCURING SUBSTITUTE PRODUCTS OR SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
OR ACCESSIBLE THROUGH THE SERVICES OR THE WEBSITE, OR (5)
ANY OTHER MATTER RELATING TO THE SERVICES OR THE WEBSITE. IN
NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT,
NEGLIGENCE OR OTHERWISE), EXCEED THE AMOUNTS PAID BY YOU
TO YEZ, IF ANY, FOR ACCESSING OR USING THE SERVICES AND THE
WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnification by User
You agree to indemnify, defend and hold
us and our affiliates, business partners, officers, directors,
employees and agents harmless from and against any loss,
liability, claim, demand, damage, or expense (including
reasonable legal fees) asserted by any third party relating
in any way to your use of this Website or breach of these
Terms of Use. We reserve
the right to assume the exclusive defense and control of
any matter subject to indemnification by you, which shall
not excuse your indemnity obligations.
Applicable Law
The Website and the Services (excluding
any hyperlinked web sites of third parties) are controlled
by YEZ from its headquarters within the Commonwealth of
Pennsylvania in the United States of America. Accordingly,
by accessing or using the Website or the Services, you
and YEZ agree that the statutes and laws of the Commonwealth
of Pennsylvania, including, without limitation, the Pennsylvania
Electronic Transactions Act, but excluding the conflicts
of laws principles of that or any other jurisdiction, will
apply to all matters relating to your use of or access
to the Website or the Services or the Materials or any
products or services available on or accessible through
the Website or the Services (except those specifically
subject to another written agreement).
Similarly, you and YEZ also agree and hereby submit to the
exclusive personal jurisdiction and venue of the state or
federal courts situated in Allegheny County, Pennsylvania,
U.S.A., with respect to your use of or access to the Website
or the Services, or the Materials or any products or services
available on or accessible through the Website or the Services
(except those specifically subject to another written agreement).
Termination
These Terms are effective until terminated
by either party. You
may terminate these Terms at any time by discontinuing use
of and access to all Services and the Website.
You agree that YEZ may, in its sole discretion, and at any
time, terminate your use of or access to the Services or
the Website, and may remove or delete any Materials, information
or other content on the Website or in the Services, for any
reason, without prior notice to you. You further agree that
YEZ shall not be liable to you or to any third party for
any termination of your use of or access to the Services
or the Website.
In the event of any termination of this Agreement or your
use of or access to the Services or the Website, you agree
that the provisions regarding Restrictions on Use, Links,
Disclaimer of Warranties, Third Party Websites, Proprietary
Rights, Disclaimer of Warranties, Exclusion of Damages, Limitation
of Liability, Indemnification and Applicable Law shall survive
any such termination.
General
If any provision of these Terms of Use
is held invalid or unenforceable in any respect by any
court having competent jurisdiction, such provision shall
be enforced to the maximum extent permitted by law, and
the remaining provisions of these Terms of Use shall continue
in full force and effect. No
waiver of any provision of these Terms of Use shall be deemed
a further or continuing waiver of such provision or any other
provision of these Terms of Use.
You agree that these Terms of Sale, our
Privacy Policy and other notices posted on this Website
have been drawn up in English. Although translations in other languages
of any of the foregoing documents may be available, such
translations may not be up to date or complete. Accordingly,
you agree that in the event of any conflict between the English
language version of the forgoing documents and any other
translations thereto, the English language version of such
documents shall govern.
Contact
If you have any questions or concerns about our Website
or these Terms of Use, please feel free to contact us at
bgcwpa@cs.com. |