Terms of Use

This Terms of Use Statement applies only to the Web site at HYPERLINK "http://www.overcomingobstacles.org" www.overcomingobstacles.org. This site is owned and operated by the Community for Education Foundation, Inc. dba Overcoming Obstacles. By using this site, you agree to all of the terms and conditions set forth herein. If you do not agree with these Terms of Use, please do not use the Community for Education/Overcoming Obstacles web site.

Changes and Updates

Overcoming Obstacles reserves the right to change the terms and conditions under which this site is offered by modifying, adding or removing any portion of these Terms of Use. Changes in these Terms of Use will be effective immediately upon posting. Your continued use of the Overcoming Obstacles web site after any changes to these Terms of Use are posted constitutes your acceptance of these changes.

Overcoming Obstacles may terminate, change, suspend or discontinue any aspect of the Overcoming Obstacles web site, including the availability of any features of the web site, at any time. Overcoming Obstacles may also impose limits on certain features and services or restrict your access to parts of or the entire web site without notice or liability.

Privacy and Protection of Personal Information

See the Overcoming Obstacles Privacy Policy, incorporated herein by reference, for complete information relating to the collection and use of your personal information.

Copyright and Trademarks

All content contained on the Overcoming Obstacles web site (such as text, graphics, logos, button icons, images and software), is the property of Overcoming Obstacles or its content suppliers and is protected by United States and international copyright, trademark or other laws. The content on this web site is provided solely for your information and educational use. You may not copy, modify or distribute the contents of these pages without Overcoming Obstacle's express written permission.

Overcoming Obstacles and the Overcoming Obstacles design logo, and other marks that may appear on this web site, are trademarks or registered trademarks of the Community for Education Foundation, Inc. dba Overcoming Obstacles. You may not copy, reproduce, republish, distribute, transmit, modify or use the trademarks in any manner. All other registered trademarks or trademarks that appear on this site are the property of their respective owners.

Disclaimer of Warranties

This web site and the content on it are provided "as is". Overcoming Obstacles disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Overcoming Obstacles makes no representations or warranties about the accuracy or timeliness of the information contained on this web site, and you should confirm any information presented in this web site before relying on it in any way.

Limitation of Liability

In no event will Overcoming Obstacles be liable to you for any direct, incidental, consequential, indirect, special or punitive damages resulting from your use or inability to use this site, even if Overcoming Obstacles has been advised of the possibility of such damages. This limitation will apply to damages from any cause of action, including, but not limited to, tort, contract, strict liability or otherwise. In no event will Overcoming Obstacle's liability to you for any cause of action exceed the amount paid by you, if any, for accessing this web site. Overcoming Obstacles does not warrant that the functions contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the servers that make this site available will be free of viruses or other harmful components.

Comments and Communications

Visitors may, from time to time, be given the opportunity to post suggestions, ideas, comments, testimonials, questions or other information on the Overcoming Obstacles web site. It is the responsibility of the individual providing such content to ensure that no portion of the content is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. Overcoming Obstacles reserves the right to remove any offending content at its sole discretion.

Overcoming Obstacles will have no obligation of any kind with respect to any information that you provide via this web site and will be free to reproduce, use, disclose and distribute the information to others without limitation. Overcoming Obstacles will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.

Links To Other Sites

This web site may contain links to other web sites that are independently run sites. Overcoming Obstacles does not endorse, monitor, make any representation with respect to or assume any liability for any third-party sites, including, without limitation, any products or services that are advertised or made available for purchase through such sites.

Indemnification

You agree to defend, indemnify and hold Overcoming Obstacles and any of its officers, directors, employees, agents and affiliates harmless from and against any and all claims, actions, liabilities, costs or damages (including reasonable attorneys' fees) asserted by any third party arising from or related to your use of this site or conduct in connection therewith.

Severability

Should any part or portion of this agreement be found or held to be invalid or unenforceable, then the meaning of said provision will be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it will be severed from the remainder of this agreement, which will remain in full force and effect unless Overcoming Obstacle's obligations hereunder are materially impaired.

Copyright or Intellectual Property Infringement

Overcoming Obstacles respects the intellectual property of others, and we ask our users to do the same. Overcoming Obstacles may, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who may be repeat infringers. If you believe that your work has been made available on the site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated in connection with the site, please provide Overcoming Obstacles' Copyright Agent the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located within the site;
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    • Overcoming Obstacles' Agent for Notice of Claims of copyright or other intellectual property infringement can be reached as follows:

    Susan Dawson
    Overcoming Obstacles
    125 Maiden Lane 5th Floor
    New York, NY 10016
    Phone: 212-406-7488
    Fax: 212-406-7480

    Governing Law

    These Terms and Conditions will be governed by the laws of the State of New York, without regard to its conflict of laws principles.

    Entire Agreement

    This constitutes the entire agreement between you and the Community for Education Foundation dba Overcoming Obstacles regarding the access and use of this web site.